Sex Discrimination

Plain English Breakdown

The official source material does not provide specific details on the impact of this act on federal funding or other unrelated discrimination laws.

Banning Bostock Act

This bill amends Tennessee's laws regarding sex discrimination by excluding certain types of discrimination from being prohibited under state law.

What This Bill Does

• Changes the definition of sex discrimination in Tennessee to exclude discrimination against people who are homosexual or transgender.
• Allows businesses and organizations to enforce separate facilities for men and women, such as restrooms and locker rooms, without facing legal consequences.
• Permits employers to have different dress codes based on gender identity.
• Excludes abortion-related actions from being considered sex discrimination under Tennessee law.
• Prohibits courts in Tennessee from using the Bostock v. Clayton County case when interpreting laws about sex discrimination.

Who It Names or Affects

• People who are homosexual or transgender
• Businesses and organizations that have gender-segregated facilities
• Employers with dress code policies based on gender identity

Terms To Know

Bostock v. Clayton County

A U.S. Supreme Court case that decided employers cannot discriminate against employees for their sexual orientation or gender identity.

Sex discrimination

Treating someone unfairly because of their sex, gender, or related characteristics.

Limits and Unknowns

• The bill could affect how federal funding is managed in Tennessee but the exact impact on federal funds cannot be determined.
• This act only applies to actions happening on or after July 1, 2026.
• It does not change other laws about discrimination that are unrelated to sex.

Official Summary Text

For actions occurring on or after July 1, 2026, this bill clarifies that a law of this state or any of its subdivisions that prohibits sex discrimination must not be
construed to prohibit any of the following:



Discrimination against a person for being homosexual or transgender.


Discrimination on account of or because of sexual orientation, sexual behavior, gender identity, or gender non-conforming behavior.


The establishment or enforcement of sex-segregated restrooms, locker rooms, shower facilities, changing areas, dormitories, or sports teams.


The establishment or enforcement of sex-specific dress or grooming codes.


Discrimination on account of or because of any conduct related to abortion.

For such actions, this bill prohibits a court from adopting, applying, incorporating, or following the holding or reasoning of
Bostock v. Clayton County
when interpreting a law of this state or any of its subdivisions that prohibits sex discrimination. In that case, the United States Supreme Court held that Title VII of the Civil Rights Act of 1964 protects employees against discrimination on the basis
of sexual orientation or gender identity.

Current Bill Text

SENATE BILL 1745
By Bowling

HOUSE BILL 1472
By Bulso
HB1472
010264
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 4,
Chapter 21, relative to discrimination.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 4, Chapter 21, is amended by adding
the following as a new part:
4-21-1301. Short title.
This part is known and may be cited as the "Banning Bostock Act."
4-21-1302. Laws prohibiting sex discrimination.
(a) Notwithstanding this chapter or any law to the contrary, a law of this state or
any of its subdivisions that prohibits sex discrimination must not be construed to:
(1) Prohibit discrimination against a person for being homosexual or
transgender;
(2) Prohibit discrimination on account of or because of sexual orientation,
sexual behavior, gender identity, or gender non-conforming behavior;
(3) Prohibit the establishment or enforcement of sex-segregated
restrooms, locker rooms, shower facilities, changing areas, dormitories, or sports
teams;
(4) Prohibit the establishment or enforcement of sex-specific dress or
grooming codes; or
(5) Prohibit discrimination on account of or because of any conduct
related to abortion.

- 2 - 010264

(b) A court shall not adopt, apply, incorporate, or follow the holding or reasoning
of Bostock v. Clayton County, 590 U.S. 644 (2020), when interpreting a law of this state
or any of its subdivisions that prohibits sex discrimination.
SECTION 2. The headings in this act are for reference purposes only and do not
constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
requested to include the headings in any compilation or publication containing this act.
SECTION 3. This act takes effect July 1, 2026, the public welfare requiring it, and
applies to actions occurring on or after that date.