House Bill 2074, also known as Senate Bill 2032, amends various sections of the Tennessee Code Annotated to establish new regulations regarding mental health evaluations for employees in public safety positions. The bill defines key terms such as "employee," "public safety employer," "public safety position," and "qualified mental health professional." It mandates that public safety employers provide employees or prospective employees reasonable access to their full employment records, including mental health evaluation results. If a prospective employee is denied employment based on these results, they are entitled to access the evaluation and may submit an alternative evaluation conducted at their own expense, which the employer must then consider.
Additionally, the bill allows employees to take legal action against public safety employers for violations of these provisions, with courts awarding reasonable attorney fees and costs to prevailing employees. An amendment to the bill changes the requirement for employers to reevaluate prospective employees based on alternative evaluations from "shall" to "may," providing employers with more discretion. Furthermore, it establishes confidentiality requirements for any evaluations or records shared with employees or prospective employees, ensuring their privacy is protected.