House Republicans Favor Businesses Over Employees By Sidelining Anti-CRT Bill

Image Credit: capitol.tn.gov

The Tennessee Conservative [By Jason Vaughn] –

Representative Bruce Griffey’s bill to eliminate required Critical Race Theory and associated training from Tennessee workplaces was relegated to a summer study by the House Banking and Consumer Affairs Subcommittee yesterday, February 23rd.

House Bill 2313 (HB2313) sponsored by Representative Bruce Griffey (R-Paris-District 75), in summary, prohibits a person from requiring an individual, employee, or applicant for employment to complete or participate in training, orientation, or any other instructional or informational program that promotes certain discriminatory concepts. 

Read our in-depth article about House Bill 2313 HERE.

Prior to the bill being discussed by the subcommittee, votes were taken to approve amendments that had been made to the bill “worked out with” the administration and the Department of Human Resources which as read by Griffey, “ if the bill passes, it would not prevent an employee or employer from participating in mandatory compliance with federal civil rights law, it would not prohibit a person from reviewing, obtaining or utilizing demographic data and is not applicable if it would result in a person losing federal funding.”  The subcommittee approved the amendments.

Griffey introduced Dr. Carol Swain to voice her support for the bill and to speak on Critical Race Theory in general.

Doctor Swain is an award-winning political scientist and former tenured professor at Princeton and Vanderbilt Universities, distinguished Senior Fellow for Constitutional Studies with the Texas Public Policy Foundation, educational advisor for American Cornerstone Institute.  Swain has served on the Tennessee Advisory Committee to the U.S. Civil Rights Commission, the National Endowment for the Humanities, and the 1776 Commission.

An expert in critical race theory,  American politics, and race relations, Swain penned the best-selling book Black Eye for America: How Critical Race Theory is Burning Down the House.

Regarding Griffey’s bill, Swain said, “As far as my support of this House bill, my support is based on our Civil Rights laws that are on the books as well as the Constitution’s Equal Protection clause. I think there is a problem with compelling individuals to engage in mandatory sensitivity or diversity training where the goal of the training is not consistent with the law.  There are some issues that are coming from diversity training that runs counter to our Constitution and Civil Rights laws.  I think that is the strongest case against CRT and the way DEI (Diversity, Equity, Inclusion) training is formed. ”

Addressing Swain, Representative Susan Lynn (R-Mount Juliet-District 57) voiced concerns that the bill might not stand up in court on the basis that it might be perceived as limiting freedom of speech.

Swain addressed Lynn’s concerns, “I think that you are actually protecting free speech and the first amendment rights of employees not to be compelled and forced to engage in activities that offend their conscience.”  

Representative Jeremy Faison (R-Cosby-District 11) asserted that Griffey’s bill feels like “big government,” in that the bill would tell private businesses what they can and can’t teach in their own businesses.

Addressing Griffey, Faison said, “If we set this foundation up to decide what curriculum a private business can teach their employees, what stops us in the future from telling private business ‘You can’t teach the word of God?’”

Griffey replied,  “What we’re trying to do with this bill is to protect against discriminatory practices by an employer.”

“I don’t think we’ll have any constitutional problems with this because it’s voluntary.  If an employer wants to put on these principles and outline these things, an employee can certainly sit there and listen to it if they want to but I don’t think we should allow an employer to take adverse employment action against someone if they choose not to sit through these inherently un-American, prejudicial, discriminatory practices and indoctrinational training,” Griffey explained.

Faison said, “Committee, we are getting into a place now where we’re telling a business owner, ‘how you feel can’t be shared with your employees.’ I agree that Critical Race Theory is not right….What we do today has a huge ripple effect tomorrow.  There will be somebody else there years from now who doesn’t like what’s being taught, what’s in vogue then.  Guys, this is incredibly dangerous.  And remember, if we’re not careful, whatever power, whatever party is in control, is the party of big government.  I don’t ever want to be known as that.”

In response, Griffey said, “There is a difference in whether you require your employees to do or not do some action based upon some non-discriminatory, non-belief system.  But, when you start requiring your employees to adhere to a religion, a political philosophy…that’s where we get dangerous.  And that’s what the Civil Rights Law is already designed to protect.  Again, I submit this as an enhancement to it (the Civil Rights Laws) to prevent a distortion and an anti-American indoctrination program from filtering into our state of Tennessee and I would ask you to pass this bill on that basis.”

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Representative Kevin Vaughan (R-Collierville-District 95) said, “Individuals have protection under the Constitution and under the existing Civil Rights laws to bring cases of discrimination.  People have remedies if they find themselves in this position.  The reason that this legislature has been concerned about these issues in our educational system is because in that setting, in that environment, children are compelled to be there to listen to it.  No one compels you to stay at a job.”

Vaughan also took issue with a component of the legislation that set up a cause-of-action for employees forced to undergo Critical Race Theory indoctrination as a requirement for employment  to pursue up to $750,000 for non-economic damages.   

“That, to me, is one of the most anti-business pieces of legislation that we’ve seen in a while.  This is a trial lawyer’s dream.  I think this would be a tremendous detriment to our business community,” Vaughan said.

Following that statement, Vaughan said, “I’d really like to vote on this, but instead, I’m going to make a motion to move that we send this to summer study.”

The motion was seconded, had no objections and passed.

About the Author: Jason Vaughn, Media Coordinator for The Tennessee Conservative  ~ Jason previously worked for a legacy publishing company based in Crossville, TN in a variety of roles through his career.  Most recently, he served as Deputy Director for their flagship publication. Prior, he was a freelance journalist writing articles that appeared in the Herald Citizen, the Crossville Chronicle and The Oracle among others.  He graduated from Tennessee Technological University with a Bachelor’s in English-Journalism, with minors in Broadcast Journalism and History.  Contact Jason at news@TennesseeConservativeNews.com