Interviewing and Selecting Job Candidates: Tennessee

Federal law and guidance on this subject should be reviewed together with this section.

Author: Christine P. Corrigan, CPC Writing Services

Summary

• The Tennessee Human Rights Act and the Tennessee Disability Act prohibit discrimination based on age (40 and over), race, creed, color, religion, sex, national origin and disability, and require fewer employees for coverage than federal law. See Tennessee Human Rights Act and Tennessee Disability Act.
• The Tennessee Human Rights Act recognizes religion, sex, national origin and age as a "bona fide occupational qualification" in limited circumstances. See BFOQ Exception.
• Employers in Tennessee are prohibited from discriminating against employees based on union membership or lack thereof. See Free Association Protection.
• Tennessee law does not prohibit discrimination based on sexual orientation or gender identity. See Sexual Orientation/Gender Identity.
• The Volunteer State does not prohibit employers from making arrest or conviction inquiries. However, because Tennessee generally follows federal law in interpreting the THRA, employers should be aware of federal limitations on the use of arrest and conviction records. See Arrest Conviction Inquiries.
• The Tennessee Lawful Employment Act requires employers with 50 or more employees to use the federal E-Verify system to confirm work eligibilty of new hires. See E-Verify.
• Tennessee does not prohibit private employers from adopting anti-nepotism policies. The state does have a broad anti-nepotism law for public employers and employees. See Anti-Nepotism Laws.
• Employers may not seek access to the personal social media accounts of job applicants. See Social Media Privacy Protection.