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DOHR rule broadens EEO-plan language to align with federal executive order; lawmakers question DEI, data and transparency
Summary
The Department of Human Resources proposed a permanent rule to broaden the state's EEO-plan definition to align with presidential Executive Order 14173 and to provide flexibility for future federal/state changes; lawmakers sharply questioned whether the change codifies an executive order, removes explicit references to women and minorities, and how data and protections for veterans and people with disabilities will be preserved.
Eric Mayo, senior policy advisor with the Tennessee Department of Human Resources, said the department seeks to broaden the definition of the equal-employment-opportunity plan so the state remains consistent with President Trump's Executive Order 14173 and with existing federal and state law.
"Our rule simply broadens the definition of equal employment opportunity plan to ensure that Tennessee state government remains consistent with the executive order from President Trump as well as any other federal or state laws that are on the books," Mayo said. DOHR deputy general counsel Melanie Koehler explained the change is intended to allow the state to continue required EEO planning for veterans and individuals with disabilities while no longer tracking categories that the federal executive order removed.
Lawmakers repeatedly asked whether the change effectively codifies an administration's executive order, whether removing specific citations to women and minorities weakens protections, and whether removing some tracking will make it harder to identify underutilization. General counsel Doug Garrett said presidential orders cannot supersede state law and that federal funding considerations may create a nexus for action. The committee moved the rule packet; the Senate roll call recorded a split (five ayes, three noes) and a House voice vote was reported and the chair announced the packet advanced with a positive recommendation.
