Sex Discrimination

Plain English Breakdown

The candidate explanation included claims about allowing businesses and organizations to have separate restrooms, locker rooms, shower facilities, changing areas, dormitories, sports teams, dress codes based on gender which were not clearly supported by the official source material.

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 have separate restrooms, locker rooms, sports teams, and dress codes based on gender.
• Excludes abortion-related actions from being considered as sex discrimination under state laws.
• Prohibits courts in Tennessee from using the Bostock v. Clayton County decision when interpreting state laws about sex discrimination.

Who It Names or Affects

• People who are homosexual or transgender
• Businesses and organizations that have restrooms, locker rooms, sports teams, or dress codes based on gender
• Courts in Tennessee

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, such as gender-based harassment or unequal pay

Limits and Unknowns

• The bill could affect how federal funding is given to state departments but the exact impact cannot be determined.
• It only applies to actions that happen on or after July 1, 2026.

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

HOUSE BILL 1472
By Bulso

SENATE BILL 1745
By Bowling
SB1745
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.