Tennessee Fair Hiring Laws

Various laws are in effect that impact employment, including some that dictate the regulations around recruiting and hiring new employees. Review our detailed guide to fair hiring laws in Tennessee and how they differ from federal regulations.

What Are Fair Hiring Laws?

Fair hiring laws are regulations administered federally by the Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL). They apply across all states in the U.S., although some states have stricter laws in place. More than 180 laws cover workplace activities, protecting more than 165 million workers. Some of these related to the process of recruiting and hiring new employees.

What Are “Ban-the-Box” Laws?

Ban-the-box laws limit when an employer can ask about a candidate’s criminal history during the hiring process. The term refers to eliminating the box that must be checked on a traditional application when the individual has such a record.

Under Senate Bill 2440, public employers in the state of Tennessee may not inquire about an applicant’s criminal history on a job application. Background checks are allowed later in the hiring process.

Does Tennessee Have Fair Hiring Laws That Differ from Federal Fair Hiring Laws?

Some of the fair hiring laws in effect in Tennessee differ slightly from federal law. Review full breakdowns below.

Do Tennessee Hiring Laws Match or Differ from the Federal Equal Pay Act (EPA)?

The Tennessee Equal Pay Act mirrors the federal EPA, prohibiting employers from wage discrimination based on sex. However, it applies to all employers in the state while the federal law applies only to those with 15+ employees.

Do Tennessee Hiring Laws Match or Differ from the Age Discrimination in Employment Act (ADEA)?

Under Tennessee’s Human Rights Act (THRA), employment discrimination based on age is prohibited against those ages 40 and over. It applies to employers with 8+ employees. It also differs from the federal law in that it allows for more extensive remedies, including back and front pay, attorney and litigation fees, and compensatory damages for emotional suffering and pain.

Do Tennessee Hiring Laws Match or Differ from the Americans with Disabilities Act (ADA)?

Both the THRA and Tennessee Disability Act address discrimination based on disability. The protections are similar to those included in the ADA, protecting individuals with disabilities from facing discrimination in the hiring process.

Do Tennessee Hiring Laws Match or Differ from the Genetic Information Nondiscrimination Act (GINA)?

The Genetic Information Privacy Act (GIPA) complements GINA, although it doesn’t specifically mention the use of genetic information in hiring. Therefore, the federal law applies to Tennessee employers.

Do Tennessee Hiring Laws Match or Differ from Title VII of the Civil Rights Act of 1964?

The THRA prohibits employment discrimination based on the same protected characteristics included in Title VII of the Civil Rights Act of 1964. These include race, color, religion, sex, and national origin. However, the state law applies to more employers (those with 8+ employees).

Are There Different Fair Hiring Laws in Cities or Municipalities Across Tennessee?

Although there are differing minimum wages in cities and municipalities, none have enacted hiring-specific legislation that differs from state laws.

With the right tools, ensuring fairness when recruiting and hiring doesn’t have to cause problems. Learn more about the applicant tracking capabilities built into WorkforceHub, like automation of data tracking and reporting for valuable insights. We can help your business maintain compliance with fair hiring regulations.