Section 4-21-406 - Religion or sex as bona fide occupational qualifications - Affirmative action plans(a) It is not a discriminatory practice for:(1) An employer to employ employees;(2) An employment agency to classify, or refer for employment any individual;(3) A labor organization to classify its members or to classify or refer for employment any individual; or(4) An employer, labor organization, or joint training or retraining programs to admit or employ any individual in any such program; on the basis of religion or sex in those certain instances where religion or sex is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.
(b) It is not a discriminatory practice for a person subject to this chapter to adopt and carry out a plan to fill vacancies or hire new employees so as to eliminate or reduce imbalance with respect to race, creed, color, religion, sex, age or national origin, if the plan has been filed with the commission and the commission has not disapproved the plan.Acts 1978, ch. 748, § 12; T.C.A., § 4-2110; Acts 1980, ch. 732, § 9; T.C.A., § 4-21-110.