Arrest Record Discrimination Laws in Tennessee

Federal law does not explicitly prohibit employment discrimination based on arrest records. However, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, prohibits discrimination based on race, color, religion, sex, or national origin. The U.S. Equal Employment Opportunity Commission (EEOC) issued guidance in 2012 establishing that employer policies excluding individuals with arrest records may violate Title VII if such policies have a disparate impact on a protected class.

Under this framework, an employer-wide blanket ban on hiring individuals with any arrest record could constitute illegal discrimination if it disproportionately affects Black or Hispanic applicants, whose communities experience higher arrest rates for identical conduct due to systemic policing disparities. The EEOC requires employers to evaluate arrests on a case-by-case basis, considering the nature and gravity of the arrest, the job duties, and the time elapsed since arrest. Section 1981 of the Civil Rights Act, 42 U.S.C. § 1981, also protects individuals in private employment from race-based discrimination in contract formation and performance.

The EEOC enforces these provisions nationwide. Employers covered include those with 15 or more employees. Remedies available under Title VII include back pay, front pay, compensatory damages for emotional distress, punitive damages (up to $300,000 for large employers), and equitable relief such as reinstatement or expungement of disciplinary records. Attorneys' fees and court costs may also be awarded to prevailing plaintiffs.

Tennessee has no statute that directly addresses arrest record discrimination in employment. The Tennessee Human Rights Act, codified in Tennessee Code Annotated § 8-1-301 et seq., prohibits employment discrimination based on race, color, religion, creed, sex, national origin, age, disability, political belief, and participation in lawful activities outside work. However, arrest record status is not explicitly listed as a protected class under Tennessee state law.

This creates a legal gap: under Tennessee state law alone, an employer may lawfully refuse to hire or may terminate an employee based solely on an arrest record with no state statutory prohibition. Tennessee courts have not established a common law tort of arrest record discrimination. Unlike states such as California, Illinois, and New York, which enacted specific statutes limiting employer use of arrest and conviction records, Tennessee leaves this area largely unregulated at the state level.

However, federal law partially fills this gap. If an employer's arrest record policy or decision has a disparate impact on a protected class (race, color, religion, sex, or national origin), the policy may violate Title VII of the Civil Rights Act, which applies to employers with 15 or more employees in Tennessee. For example, if an employer's blanket policy against hiring anyone with an arrest record results in rejection of a significantly higher percentage of Black applicants compared to white applicants, this could constitute illegal discrimination under Title VII, even though Tennessee state law standing alone would permit it.

Tennessee employers are covered by both state and federal law if they meet the threshold (15+ employees for federal, 8+ for state under the Tennessee Human Rights Act for certain claims). Remedies under Tennessee Human Rights Act include back pay, front pay, and compensatory damages. Federal Title VII remedies are broader and include punitive damages. Practically, because Tennessee lacks state-level arrest record protections, workers in Tennessee have weaker protections than those in states with explicit arrest record statutes.

Tennessee law provides no explicit exceptions to at-will employment based on arrest record status, because there is no state statute prohibiting arrest record discrimination. This means employers in Tennessee have broad discretion to consider arrest records in hiring and termination decisions without violating state law.

However, federal exceptions exist. Title VII's disparate impact doctrine does not apply if an arrest-record policy is job-related and consistent with business necessity, and the employer cannot achieve its legitimate interests with less discriminatory alternatives. For example, an employer in security or banking might lawfully exclude individuals with arrests for financial crimes if the exclusion is narrowly tailored to that specific job category and applied consistently.

Conviction records (as opposed to arrest records) generally receive greater legal deference than arrests. An arrest does not prove guilt; a conviction does. Some federal courts have held that excluding individuals based on conviction records is less likely to constitute disparate impact discrimination than excluding based on arrests alone, especially if significant time has passed since conviction. However, Tennessee courts have not definitively ruled on this distinction.

Additional exceptions: Employers are not required to hire individuals whose criminal history poses a genuine threat to workplace safety or customer security. Federally regulated industries (financial services, childcare, transportation) may have background check requirements mandated by law (e.g., Transportation Security Administration rules), and these do not constitute discrimination. Collective bargaining agreements may impose separate requirements on unionized employers. Public sector employers in Tennessee may have different rules under Tennessee Open Records Act provisions and state hiring statutes, though these generally do not explicitly address arrest discrimination either.

Important limitation: A mere arrest without conviction is significantly weaker evidence of wrongdoing than a conviction. Federal EEOC guidance discourages reliance on arrest records absent job-relatedness.

Step 1: Document Everything. From the moment you suspect arrest-based discrimination, keep detailed records: the date you applied for the job or were terminated, the specific reason given by the employer, emails or letters mentioning your arrest, witness names and statements, dates of conversations, and any evidence that similarly-situated employees without arrest records were treated more favorably. Take screenshots of job postings, applications, and internal communications. If you were terminated, request your personnel file under Tennessee public records law if employed by a public entity, or politely request a copy from HR. Document the timeline of events and preserve all written communications.

Step 2: Internal Complaint Process (Optional but Recommended). Before filing externally, send a written complaint to your employer's HR department via email or certified mail. State clearly: "I believe I am being discriminated against based on my arrest record in violation of Title VII of the Civil Rights Act." Describe the specific conduct, dates, and how it harmed you. Request a written response within 10 business days. Keep a copy. This creates internal documentation and sometimes prompts resolution, though employers often deny claims or offer minimal remedies. If the employer is large enough, they may have an internal EEO officer or ombudsman. However, this step does not reset your filing deadline with the EEOC.

Step 3: File with the EEOC. Since Tennessee has no state fair employment agency (Tennessee is a non-deferral state), you must file directly with the U.S. Equal Employment Opportunity Commission. You have 180 days from the date of the discriminatory conduct to file. Contact the Nashville District EEOC office: phone (615) 253-7020, or visit eeoc.gov/file-charge. You may also file by mail at EEOC Nashville District Office, 50 Vantage Way, Suite 202, Nashville, TN 37228. You can file electronically at echarge.eeoc.gov. You will need: your name, address, phone, email; the employer's name, address, and size; the date(s) of alleged discrimination; a description of what happened and why you believe it was based on arrest record; whether the arrest affected a protected class (race, color, religion, sex, national origin); names of witnesses; and copies of supporting documents. Do not wait until day 180; file as soon as possible.

Step 4: EEOC Investigation Process. After you file, the EEOC will send you a "Right to Sue" letter or begin an administrative investigation. Expect 30-90 days for initial assignment of your charge to an investigator. The EEOC will contact your employer and request their response, including records of hiring decisions, your application, and explanations for the adverse action. You will be asked to submit a detailed narrative and supporting evidence. The investigator may interview you and witnesses. The EEOC will compare your situation to similarly-situated employees (focusing on whether others without arrest records were treated better). If the EEOC finds reasonable cause to believe discrimination occurred, they will attempt conciliation (settlement negotiation). If conciliation fails, the EEOC may litigate on your behalf (rare, roughly 1% of cases) or issue you a Right to Sue letter, allowing you to file suit in federal court within 90 days.

Step 5: Consult an Attorney. Given the complexity of disparate impact analysis and the absence of Tennessee state law protections, consult an employment discrimination attorney before or immediately after filing with the EEOC. Many employment lawyers work on contingency (no upfront fee; they take a percentage of any recovery). Look for an attorney licensed in Tennessee with experience in Title VII disparate impact or EEOC claims. An attorney can evaluate whether your case involves disparate impact (if the arrest policy affected your protected class group more harshly), help gather evidence, respond to EEOC inquiries, negotiate settlement, and pursue federal court litigation if necessary. The EEOC process is free; litigation requires counsel. If you prevail, the employer may be ordered to pay your attorney's fees under Title VII.