Committee advances emergency change to Tennesseeequal-employment-plan definition after federal executive order

The joint Government Operations Committee voted to give a positive recommendation to an emergency rule by the Tennessee Department of Human Resources (DOHR) that revises the agencydefinition of an equal employment opportunity (EEO) plan.

The department said the change responds to a January 21, 2025, federal executive order, Executive Order 14173, titled "Ending Illegal Discrimination and Restoring Merit-Based Opportunity," and is intended to preserve access to federal contract and grant funding. "My name is Eric Mayo. I'm senior policy advisor for the department of human Resources," DOHR senior policy adviser Eric Mayo told the committee as he introduced the rule. Mayo and senior associate counsel Andrew Puryear said the update makes the state's definition "a statistical document which identifies and analyzes patterns in the participation and utilization of certain groups in the workforce based on federal and or state law requirements." Mayo said, "EO 14173 requires compliance within 90 days, which is why we did an emergency rule, to avoid any disruption for federal funding for the state."

Committee members pressed DOHR for details about how the change would affect application forms and demographic data collection. Representative McKenzie asked whether the executive order and the rule apply to "every department and agency," and Mayo replied the rule change aligns state tracking with the federal contract and funding requirements and that departments receiving federal funds or contracts must comply with related federal requirements. Representative Hardaway and Representative Glenn asked whether the state removes race and gender questions from hiring applications; DOHR said it would review what data fields are used in applications and follow up with the committee, noting the agency is not using demographic fields to make hiring decisions.

Why it matters: DOHR said the emergency rule is intended to ensure continued compliance with federal requirements for contractors and grantees and to protect federal funding that supports state programs. The committee advanced the emergency rule with a Senate tally of seven ayes and one no and a positive recommendation from the House.

The committee record shows the Senate vote included: Senator Bolling (aye), Senator Crowe (aye), Senator Hatcher (aye), Senator Kyle (no), Senator Rose (aye), Senator Seale (aye), Senator Sutherland (aye) and Chairman Jackson (aye). The department said it has opened a separate rulemaking hearing to make the change permanent and that a public hearing on the permanent rule was held May 19 with no public comments recorded.

DOHR told the committee it will follow up in writing on which applicant fields are currently collected and will provide clarifications about fiscal risks should the state fail to align with the federal executive order.