Ban the Box Laws in Tennessee: Criminal History in Hiring

Federal ban the box requirements apply to federal contractors and subcontractors through executive order and the Fair Chance to Compete for Jobs Act of 2019 (42 U.S.C. § 9101 et seq.). These rules prohibit federal employers and contractors from inquiring about criminal history before making a conditional job offer. The Equal Employment Opportunity Commission (EEOC) enforces Title VII, 42 U.S.C. § 2000e, which prohibits employment discrimination based on race, color, religion, sex, or national origin. Courts have recognized that categorical exclusions of individuals with any criminal history may have a disparate impact on protected classes, particularly Black and Hispanic workers, and employers must show job-relatedness and business necessity for conviction-based hiring policies.

The Fair Chance Act applies to federal positions and contracts exceeding $15,000. Private employers are not directly bound by the federal ban the box executive order unless they are federal contractors. However, the EEOC guidance on criminal history inquiries emphasizes that blanket bans on hiring individuals with records may violate Title VII if they disproportionately exclude a protected class without clear business justification. Federal remedies include back pay, front pay, compensatory damages, and attorney's fees under Title VII.

Tennessee has no statewide ban the box law. Tennessee Code Annotated § 40-32-101 et seq. governs the expungement and sealing of criminal records, allowing some individuals to have convictions removed from public view. When an expungement is granted, the person may legally deny the arrest or conviction occurred in response to employment inquiries.

Tennessee state law does not restrict when employers may ask about criminal history during hiring. Unlike states with comprehensive ban the box statutes, Tennessee imposes no mandatory waiting period before inquiries and no requirement for individualized assessment. Employers are free to ask about criminal convictions on initial job applications, during screening interviews, or at any stage of the hiring process. This means Tennessee private employers have broader discretion than federal contractors regarding the timing of criminal history questions.

However, two major Tennessee cities have enacted local ordinances creating ban the box protections within their jurisdictions. Nashville Metropolitan Code § 39.1 et seq. applies to employers with 11 or more employees conducting business in Nashville. This ordinance prohibits criminal history inquiries until after a conditional job offer has been made. Knoxville City Code § 6-7-1 et seq. contains similar protections for employers operating in Knoxville. These local ordinances also require individualized assessment if a conviction is disclosed, meaning employers cannot apply blanket exclusions.

The state law is weaker than federal contractor requirements and does not match states like California, Illinois, or Maryland that have comprehensive statewide ban the box laws. Remedies under Nashville and Knoxville ordinances include civil liability, fines, and the ability to bring claims in municipal court. Damages are typically limited under local ordinances and do not include the broad remedies available under federal Title VII.

Tennessee law contains significant exceptions to ban the box protections. State law does not restrict employer inquiries about criminal history; only Nashville and Knoxville have local restrictions. The Nashville and Knoxville ordinances do not apply to employers with 10 or fewer employees, meaning small businesses are exempt. Certain positions may be exempt from local ordinances, including law enforcement, positions requiring bonding, and roles working with vulnerable populations such as children or the elderly.

Employers may consider felony convictions if they demonstrate a direct and substantial relationship to the specific job duties or represent an unreasonable risk to public safety, property, or coworkers. Conviction-based exclusions are lawful if applied consistently and with individualized assessment. Arrests that did not result in conviction generally cannot be used as a basis for employment decisions under federal law, though Tennessee state law does not explicitly address arrest discrimination.

Records that have been expunged or sealed are legally treated as if the conviction did not occur. Applicants may truthfully deny arrests or convictions for which records have been expunged. However, some employers ask directly whether a record was ever sealed or expunged, creating a gray area in state law. Jobs in sensitive sectors—such as positions in schools, hospitals, or facilities serving vulnerable adults—may have statutory carve-outs even in Nashville and Knoxville. Federal contractors and positions requiring federal security clearances are not governed by Tennessee state law but by more stringent federal requirements.

Step 1: Document the violation. Keep copies of the job application, job posting, any written communication from the employer asking about criminal history, emails or messages discussing the denial, the date the inquiry occurred, and any conditional job offer (if one was made before the criminal history question). If you interviewed in person, document the date, time, location, and names of interviewers who asked about your record. Save any rejection letters or communications stating the reason for denial.

Step 2: Determine if a local ordinance applies. If you applied to a position in Nashville with an employer having 11+ employees, Nashville Metropolitan Code § 39.1 may protect you. If you applied in Knoxville with an employer having 11+ employees, Knoxville City Code § 6-7-1 may apply. If you work or applied in another Tennessee city or area, the state has no statewide ban the box law, though you may pursue claims under federal law if the inquiry had a disparate racial impact (Title VII).

Step 3: File a complaint with the appropriate agency. For Nashville violations, file with the Nashville Office of Inspector General or the Nashville Human Relations Commission within the deadline specified in the ordinance (typically 180 days). For Knoxville, contact the Knoxville Human Rights Commission. For federal contractors or to pursue federal Title VII claims, file with the EEOC. File online at www.eeoc.gov/file-charge or by visiting the Nashville EEOC office located in Nashville, Tennessee. You must file within 300 days of the violation (Tennessee is a deferral state with the Tennessee Human Rights Commission). Include the employer's name, address, job title applied for, the date of the criminal history inquiry, how the question was asked, the date of rejection, and copies of all documentation.

Step 4: Expect investigation and resolution process. After filing with the Nashville or Knoxville human rights agency, an investigator will contact the employer for their response. Investigation typically takes 60-120 days. The agency may attempt mediation or settlement. If no settlement is reached, the agency issues a determination. For EEOC complaints, the agency investigates and issues a Right-to-Sue letter, allowing you to file a private lawsuit. EEOC investigations typically take 6-18 months.

Step 5: Consult an employment attorney. If you believe your case involves federal Title VII discrimination (the criminal inquiry had a disparate impact on your race or another protected class), consult an attorney experienced in employment discrimination law immediately. They can assess the strength of a disparate impact claim and prepare for litigation. For local ordinance violations in Nashville or Knoxville, an attorney familiar with municipal employment law can help maximize damages under the local ordinance.