Employment Laws in Tennessee

Definition of employee. Employee does not include a person employed by his or her parent, spouse, child or in the domestic service of another.

Definition of employer. Employer includes the state, any political or civil subdivision of the state, persons employing eight or more persons within Tennessee and agents of employers.

Prohibited employment discrimination. Employers may not discriminate in their hiring or employment practices against a job applicant or employee because of race, creed, color, religion, sex, age (over 40 years of age) or national origin.

Disability. Employment discrimination on the basis of disability is also prohibited.

Smoking legal products. Employers may not discharge an employee solely because the individual uses tobacco or other legal agricultural products off the employer's premises during nonworking hours.

Religious organizations. Discrimination with respect to the employment of individuals of a particular religion is not unlawful by a religious corporation, association, or educational institution, or society to perform work connected with the carrying on of its religious activities.

Medical information. It is unlawful for any employer or his agent or contractor, to market or sell medical information that directly identifies an employee, unless the patient has authorized the release in written, electronic or other form that indicates the patient's consent. This includes records for medical services provided or paid for by the employer for purposes unrelated to the provision of health care to the employee or family members receiving health insurance, payment for health care to the employee or family members receiving health insurance, or administration of any health plan or program offered by the plan. Medical information includes lists of employees or family members receiving health insurance, but does not include information that does not identify the patient.

Recordkeeping requirements. Employers must make, keep, preserve records relevant to the determination of whether discriminatory practices have been or are being committed and make reports as prescribed by the Commission. Any personnel or employment record made or kept by an employer must be preserved for six months from the time they are made or from the date of termination. Records to be retained include application forms, records having to do with hiring, promotion, demotion, transfer, layoff or termination, rates of pay and selection for training or apprenticeship.

Posting requirements. As relief or penalty for fair employment practices violations, an employer may be directed to post in conspicuous places and advertising materials notices setting forth requirements for compliance with the Fair Employment Practices Law or other relevant information the Commission determines necessary.