Illegal Interview Questions in Tennessee: What Employers Cannot Ask

Federal law governs permissible interview questions nationwide, including in Tennessee. Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, prohibits employers from asking questions designed to elicit information about race, color, religion, sex, or national origin. The Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621, forbids age-related inquiries for applicants 40 years or older. The Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, prohibits disability-related questions before a conditional job offer is extended—this includes questions about medical conditions, medications, or work accommodations.

The Genetic Information Nondiscrimination Act (GINA), 42 U.S.C. § 2000ff, specifically prohibits questions about genetic information, family medical history, requests for genetic tests, or inquiries about pregnancy. Employers covered by Title VII include those with 15 or more employees; the ADEA covers employers with 20 or more employees; and the ADA applies to employers with 15 or more employees. The Equal Employment Opportunity Commission (EEOC) enforces these federal restrictions. Violations can result in compensatory damages, back pay, front pay, injunctive relief, and in some cases punitive damages. Employers may ask questions about job qualifications, experience, educational background, and ability to perform essential job functions.

Tennessee does not have a separate state law creating restrictions on interview questions beyond those mandated by federal law. Tennessee Code Annotated § 4-21-102, which comprises the Tennessee Human Rights Act, prohibits employment discrimination but does not establish unique restrictions on what questions employers may ask during interviews beyond the federal baseline established by Title VII, the ADEA, the ADA, and GINA.

Tennessee employers are covered by the same federal anti-discrimination requirements as employers nationwide. An employer with 15 or more employees in Tennessee must comply with Title VII's prohibition on race, color, religion, sex, and national origin inquiries. Employers with 20 or more employees must comply with the ADEA's age restrictions. The same ADA disability inquiry rules apply to Tennessee employers with 15 or more employees. In practical terms, Tennessee offers no stronger protections than federal law regarding interview questions; employees in Tennessee have the same legal protections as employees in other states.

Tennessee courts apply federal anti-discrimination standards. An employer's local practice or industry custom does not create an exception to federal interview question restrictions. However, Tennessee's at-will employment doctrine means that after hiring, employers have broad discretion in employment decisions unless they violate a statute or public policy. This does not extend to the hiring interview itself, where federal restrictions on protected class inquiries are strictly enforced. Any questions asked during a Tennessee job interview that violate Title VII, ADEA, ADA, or GINA expose the employer to federal liability regardless of Tennessee state law.

Several important exceptions and limitations exist regarding interview question restrictions in Tennessee. First, once a conditional job offer has been extended, an employer may ask disability-related questions and require a medical examination, provided these inquiries are job-related and consistent with business necessity and all entering employees in the same job category are asked the same questions.

Second, employers may ask about criminal convictions in limited circumstances if the inquiry is job-related, the employer conducts an individualized assessment of the applicant's rehabilitation and fitness, and the position involves duties where a conviction has genuine bearing. However, asking about arrests (as opposed to convictions) that did not result in conviction is disfavored and rarely permissible. Tennessee employers should note that federal contractors and subcontractors may face additional restrictions under OFCCP regulations.

Third, the prohibition on genetic information inquiries does not prevent employers from asking about an applicant's own medical condition if the condition directly relates to an essential job function; however, this exception is narrowly construed. Employers may ask whether an applicant can perform the essential functions of the job, with or without reasonable accommodation, but may not ask about specific diagnoses or treatments.

Fourth, questions about national origin are permitted if they are narrowly tailored to job requirements—for example, asking whether an applicant is authorized to work in the United States is permissible. However, broad questions about accent, native language, or country of origin are impermissible. Fifth, employers defending an interview question may argue business necessity in narrow circumstances, but this defense is difficult to establish and requires clear documentation that the question is substantially related to successful job performance or safe job performance.

Step 1 — Document the violation carefully. As soon as possible after the interview, write down the exact questions asked, the date, time, location, and names of all people present. Include the context of each question—how it was phrased and whether it seemed designed to elicit protected class information. Save any written materials provided during the interview, including application forms with impermissible questions. If multiple interviews occurred, document each separately. Take screenshots of any online application systems that ask prohibited questions. Note how you responded and whether you felt pressured to answer. Keep copies of all communications with the employer, including emails, call logs, and texts.

Step 2 — Understand that Tennessee employers are not required to have an internal complaint process specifically for interview discrimination (since the violation often prevents hire). However, if you were hired despite the discriminatory question, you may consider contacting the company's human resources department in writing to formally complain about the question asked during your interview. Request a written response. Document this communication. This step creates a record and may prompt the employer to take corrective action, but it is not legally required before filing with the EEOC. Be aware that complaining may affect your employment status if you were hired, though retaliation for filing a discrimination charge is illegal.

Step 3 — File a charge with the Equal Employment Opportunity Commission (EEOC). In Tennessee, there is no state fair employment agency with its own intake process; charges must go directly to the EEOC. The EEOC has jurisdictional authority over all Tennessee employers with 15 or more employees. File online at www.eeoc.gov, by phone at 1-800-669-4000 (TTY 1-202-663-4494), or in person at the EEOC's Nashville field office (address: 50 Vantage Way, Suite 202, Nashville, TN 37228; phone: 615-736-5820). You must file within 180 days of the interview date. Bring or provide: (1) a written description of the discrimination, including the exact questions asked; (2) the date of the interview; (3) the employer's name, address, and phone number; (4) names of witnesses; (5) a copy of your application or resume; and (6) proof of the deadline (email confirmation if you applied online, offer letter if you received one). The EEOC will assign your charge a number and notify the employer within ten days.

Step 4 — Expect the investigation process to take 180 days to two years or longer. The EEOC investigator will request a written statement from the employer explaining the interview questions and their business purpose. The investigator may interview witnesses, including the interviewer and other candidates. The employer must preserve all records related to the hiring decision and any notes from the interview. You will likely receive updates from the EEOC periodically. If the EEOC finds reasonable cause to believe discrimination occurred, it will attempt to achieve a negotiated settlement through conciliation. If conciliation fails, the EEOC may file suit on your behalf or issue a right-to-sue letter, which allows you to file a private lawsuit within 90 days. If the EEOC finds no reasonable cause, you still receive a right-to-sue letter and may pursue a lawsuit.

Step 5 — Consult an employment attorney if you received a right-to-sue letter, if the employer is large and well-resourced, or if you were not hired and believe the discriminatory question was a substantial factor in the rejection. An employment law attorney can evaluate the strength of your claim, represent you in EEOC conciliation, file and litigate a federal lawsuit, and potentially recover compensatory damages (for emotional distress and reputational harm) and punitive damages if the discrimination was intentional and reckless. Do not wait until the right-to-sue letter expires; the 90-day filing deadline is strict. Attorneys handling discrimination cases typically work on contingency (no upfront fee, paid from settlement or judgment).