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HB 377

Education, Higher - As enacted, prohibits institutions of higher education from excluding a person from benefits, activities, and employment, or making decisions, based on a person's race, color, ethnicity, or national origin; requires such institutions to provide notice of such prohibitions; authorizes injunctive and declaratory relief for violations. - Amends TCA Title 49, Chapter 7.

114th Regular Session (2025-2026) Introduced by Jason Zachary

Tennessee law now bans higher education institutions from race/ethnicity-based decisions on benefits, employment, and activities, with legal remedies for violations.

Comp. became Pub. Ch. 245
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Bill Summary · HB 377

Legislative bill overview

HB 377 prohibits Tennessee institutions of higher education from making decisions regarding student benefits, activities, employment, or other institutional matters based on race, color, ethnicity, or national origin. The bill requires these institutions to publicly notify students and employees of these prohibitions and creates legal remedies (injunctive and declaratory relief) for alleged violations.

Why is this important

This legislation directly affects how universities and colleges in Tennessee can structure admissions, financial aid, hiring, and student programs. The law has practical implications for affirmative action policies, diversity initiatives, and institutional hiring practices—areas where higher education institutions have traditionally had discretion. It also creates a legal framework through which individuals can challenge institutional decisions they believe violate these provisions.

Potential points of contention

  • Affirmative action and diversity programs: The broad language prohibiting decisions "based on" protected characteristics may conflict with or eliminate race-conscious admissions and recruitment programs designed to promote campus diversity, depending on legal interpretation.
  • Definitional ambiguity: The bill doesn't clearly address whether diversity-focused scholarships, recruitment events, or programs explicitly benefiting certain ethnic groups constitute prohibited "decisions based on" race/ethnicity.
  • Litigation burden: Creating injunctive and declaratory relief pathways may increase legal costs for institutions and create uncertainty in policy implementation while courts interpret the law's scope.

Compiled from official sources — confirm details with the bill’s official record.

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