# Tenn. Code Ann. § 35-9-108: Information or actions that cannot be required > Tennessee · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C9_S35-9-108 ## Section - **Citation:** Tenn. Code Ann. § 35-9-108 - **Heading:** Information or actions that cannot be required - **Jurisdiction:** Tennessee - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** TN Code / Title 35 / Chapter 9 / Section 35-9-108 ## Text (a) For the purposes of this section, "private foundation" has the same meaning ascribed to "private foundation" in § 509(a) of the Internal Revenue Code of 1986 ( 26 U.S.C. § 509(a) ), as amended. (b) No private foundation shall be required by a department, agency, board, or other entity of state or local government to: (1) Disclose the race, religion, gender, national origin, socioeconomic status, age, ethnicity, disability, marital status, or sexual orientation of: (A) The foundation's employees, officers, directors, trustees, or contributors, without the prior written consent of the individual or individuals in question; or (B) Any individual, or of the employees, officers, directors, trustees, members, or owners of any entity, that has received monetary or in-kind contributions or grants from, or contracted with, the foundation, without the prior written consent of the individual or individuals in question; (2) Hire, appoint, or elect an individual of any particular race, religion, gender, national origin, socioeconomic status, age, ethnicity, disability, marital status, or sexual orientation as an employee, officer, director, or trustee of the foundation; (3) Disqualify, remove, or prohibit service of an individual as an officer, director, or trustee of the foundation based upon such individual's familial relationship to other officers, directors, or trustees of the foundation or a contributor to the foundation; (4) Hire, appoint, or elect an individual as an officer, director, or trustee of the foundation who does not share a familial relationship with the other officers, directors, or trustees of the foundation or with a contributor to the foundation; or (5) Except as a lawful condition or requirement on the expenditure of particular funds imposed by the contributor or grantor of such funds, distribute the foundation's funds to, or contract with, any individual or entity based upon the: (A) Race, religion, gender, national origin, socioeconomic status, age, ethnicity, disability, marital status, or sexual orientation of the individual or of the employees, officers, directors, trustees, members, or owners of the entity; or (B) Populations, locales, or communities served by the individual or entity. Added by 2013 Tenn. Acts, ch. 193, s 1, eff. 4/23/2013. (a) For the purposes of this section, "private foundation" has the same meaning ascribed to "private foundation" in § 509(a) of the Internal Revenue Code of 1986 ( 26 U.S.C. § 509(a) ), as amended. (b) No private foundation shall be required by a department, agency, board, or other entity of state or local government to: (1) Disclose the race, religion, gender, national origin, socioeconomic status, age, ethnicity, disability, marital status, or sexual orientation of: (A) The foundation's employees, officers, directors, trustees, or contributors, without the prior written consent of the individual or individuals in question; or (B) Any individual, or of the employees, officers, directors, trustees, members, or owners of any entity, that has received monetary or in-kind contributions or grants from, or contracted with, the foundation, without the prior written consent of the individual or individuals in question; (2) Hire, appoint, or elect an individual of any particular race, religion, gender, national origin, socioeconomic status, age, ethnicity, disability, marital status, or sexual orientation as an employee, officer, director, or trustee of the foundation; (3) Disqualify, remove, or prohibit service of an individual as an officer, director, or trustee of the foundation based upon such individual's familial relationship to other officers, directors, or trustees of the foundation or a contributor to the foundation; (4) Hire, appoint, or elect an individual as an officer, director, or trustee of the foundation who does not share a familial relationship with the other officers, directors, or trustees of the foundation or with a contributor to the foundation; or (5) Exce d upon such individual's familial relationship to other officers, directors, or trustees of the foundation or a contributor to the foundation; (4) Hire, appoint, or elect an individual as an officer, director, or trustee of the foundation who does not share a familial relationship with the other officers, directors, or trustees of the foundation or with a contributor to the foundation; or (5) Except as a lawful condition or requirement on the expenditure of particular funds imposed by the contributor or grantor of such funds, distribute the foundation's funds to, or contract with, any individual or entity based upon the: (A) Race, religion, gender, national origin, socioeconomic status, age, ethnicity, disability, marital status, or sexual orientation of the individual or of the employees, officers, directors, trustees, members, or owners of the entity; or (B) Populations, locales, or communities served by the individual or entity. (1) Disclose the race, religion, gender, national origin, socioeconomic status, age, ethnicity, disability, marital status, or sexual orientation of: (A) The foundation's employees, officers, directors, trustees, or contributors, without the prior written consent of the individual or individuals in question; or (B) Any individual, or of the employees, officers, directors, trustees, members, or owners of any entity, that has received monetary or in-kind contributions or grants from, or contracted with, the foundation, without the prior written consent of the individual or individuals in question; (A) The foundation's employees, officers, directors, trustees, or contributors, without the prior written consent of the individual or individuals in question; or (B) Any individual, or of the employees, officers, directors, trustees, members, or owners of any entity, that has received monetary or in-kind contributions or grants from, or contracted with, the foundation, without the prior written consent of the individual or individuals in question; (2) Hire, appoint, or elect an individual of any particular race, religion, gender, national origin, socioeconomic status, age, ethnicity, disability, marital status, or sexual orientation as an employee, officer, director, or trustee of the foundation; (3) Disqualify, remove, or prohibit service of an individual as an officer, director, or trustee of the foundation based upon such individual's familial relationship to other officers, directors, or trustees of the foundation or a contributor to the foundation; (4) Hire, appoint, or elect an individual as an officer, director, or trustee of the foundation who does not share a familial relationship with the other officers, directors, or trustees of the foundation or with a contributor to the foundation; or (5) Except as a lawful condition or requirement on the expenditure of particular funds imposed by the contributor or grantor of such funds, distribute the foundation's funds to, or contract with, any individual or entity based upon the: (A) Race, religion, gender, national origin, socioeconomic status, age, ethnicity, disability, marital status, or sexual orientation of the individual or of the employees, officers, directors, trustees, members, or owners of the entity; or (B) Populations, locales, or communities served by the individual or entity. (A) Race, religion, gender, national origin, socioeconomic status, age, ethnicity, disability, marital status, or sexual orientation of the individual or of the employees, officers, directors, trustees, members, or owners of the entity; or (B) Populations, locales, or communities served by the individual or entity. Added by 2013 Tenn. Acts, ch. 193, s 1, eff. 4/23/2013. ## Nearby sections - [Tenn. Code Ann. § 35-9-101 Prohibited acts](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C9_S35-9-101.md) - [Tenn. Code Ann. § 35-9-102 Distribution of amounts to avoid tax liability](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C9_S35-9-102.md) - [Tenn. Code Ann. § 35-9-103 Applicability of Sections 35-9-101 and 35-9-102](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C9_S35-9-103.md) - [Tenn. Code Ann. § 35-9-104 Powers of courts and attorney general and reporter unimpaired](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C9_S35-9-104.md) - [Tenn. Code Ann. § 35-9-105 References to Internal Revenue Code](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C9_S35-9-105.md) - [Tenn. Code Ann. § 35-9-106 Authority to amend trust for tax benefits](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C9_S35-9-106.md) - [Tenn. Code Ann. § 35-9-107 Reformation of trusts to comply with tax regulations](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C9_S35-9-107.md) - [Tenn. Code Ann. § 35-9-108 Information or actions that cannot be required](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C9_S35-9-108.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C9_S35-9-108. Check the current official text before relying on it. Not legal advice.