NFIB urges lawmakers to reject bills clearing way for more lawsuits

Gov. Bill Lee speaks to the National Federation of Independent Business at the Cordell Hull building in Nashville on Feb. 19, 2019. (Erik Schelzig, Tennessee Journal)

The state chapter of the National Federation of Independent Business is urging lawmakers not to pass legislation seeking to create “a new cause of action against private employers” during this week’s special session on COVID-19 mandates.

“Our most vulnerable businesses in Tennessee are struggling to keep their doors open and our communities thriving,” NFIB state director Jim Brown writes in the letter. “The legislature should be looking at legislation to help them recover, not to hinder their very survival.”

Here’s the full letter:

Dear Members of the 112th Tennessee General Assembly,

Thank you for all you have done to make Tennessee the great state it is in which to own, operate and grow a business. As you know, the last 18 months have been exceedingly challenging for many independent businesses, with the severe, persistent labor shortage, along with rising inflation and supply chain disruptions. Fifty-one percent of small business owners report job openings that cannot be filled – a 48-year record high for the third consecutive month. Their livelihoods are at stake, and uncertainty is at an all-time high.  As you enter the third extraordinary session of 2021, we ask you to consider what small businesses are facing before enacting any new laws.

NFIB has always strongly opposed any legislation, ordinance or policy that creates a new cause of action against private employers. Our review shows several bills would do just that, including HB 1643/SB 9001, HB9001/SB 9004, HB 9004, HB 9006, HB 9011, HB 9019, HB 9021 and HB 9026. Some expand the scope of the Tennessee Human Rights Act, which NFIB has opposed over a long period of time and in recent years. The last thing businesses need right now is the added cost and distraction of unnecessary legal actions. Of note, “Cost and Availability of Liability Insurance” was identified by NFIB members through our 2020 Research Center Problems and Priority report as one of the top ten biggest concerns.

Our most vulnerable businesses in Tennessee are struggling to keep their doors open and our communities thriving. The legislature should be looking at legislation to help them recover, not to hinder their very survival.

On behalf of NFIB’s 6,500 members in Tennessee, I respectfully ask you to oppose all legislation that would create new causes of action against Tennessee employers.  

Sincerely,

Jim Brown

State Director, NFIB