Salary History Ban in Tennessee: What Employers Can Ask

Federal law, enforced by the EEOC and DOL, does not prohibit employers from asking about salary history. The Equal Pay Act (29 U.S.C. § 206) requires equal pay for equal work but does not restrict salary history inquiries themselves. Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e) prohibits discrimination based on protected characteristics, but salary history questions alone do not violate federal law unless they are used as a pretext for discrimination.

Federally, employers covered by the Fair Labor Standards Act (29 U.S.C. § 201 et seq.) can lawfully ask about prior compensation. Some federal contractors are required to offer applicants the opportunity to negotiate pay, but this is distinct from salary history bans. The federal baseline is that salary history inquiries are permissible unless they are connected to discriminatory intent or used to perpetuate pay discrimination against protected groups.

Enforcement occurs through EEOC charges if salary history inquiries are alleged to mask discrimination. The burden is on the employee to prove discriminatory intent; the mere asking of salary history questions is not inherently illegal under federal law.

Tennessee law does not impose a statewide ban on salary history inquiries for private employers. However, Tennessee provides limited protection for state employees through Tennessee Code Annotated § 4-21-408, which restricts reliance on salary history in state hiring and promotion decisions. This state-level protection does not extend to private-sector workers across Tennessee.

The critical distinction is that Tennessee has delegated salary history protections to municipal governments. Nashville adopted the most comprehensive local ban through Nashville Metropolitan Code § 6.96, effective July 1, 2019. This ordinance prohibits employers in Nashville's jurisdiction from asking job applicants about salary history, including wages, benefits, and other compensation. Employers cannot ask directly or indirectly, cannot require applicants to divulge salary history, and cannot base hiring or compensation decisions on prior salary.

Knoxville followed with Knoxville City Code § 16-55, which similarly restricts salary history inquiries for employers in that municipality. Other Tennessee cities (such as Memphis and Chattanooga) have not enacted local salary history bans, meaning employers in those jurisdictions remain free to ask about compensation history.

Tennessee state law is significantly weaker than federal law in states with statewide bans (such as California, New York, and Massachusetts). Unlike those states, Tennessee places no statewide obligation on private employers to refrain from salary history inquiries. The state has effectively allowed a patchwork approach where protections depend on municipal residence.

Tennessee's lack of a statewide salary history ban means most private employers outside Nashville and Knoxville face no legal restriction on salary history inquiries. Employers can still ask about, consider, and rely on salary history in most of the state without legal consequence.

Even in Nashville and Knoxville, narrow exceptions exist. An applicant may voluntarily disclose salary history without the employer requesting it; the ban does not prohibit applicants from offering this information. If an applicant offers salary information unprompted, the employer may consider it. Additionally, some interpretations allow employers to confirm stated salary information if the applicant provides it.

Public records and background check information may present a gray area. If an applicant's prior salary is discoverable through public employment records (such as for prior government employees), employers may argue that reliance on publicly available information differs from direct inquiry. However, Nashville and Knoxville ordinances are broadly written to restrict reliance on salary history regardless of source, so this exception remains uncertain.

At-will employment doctrine in Tennessee does not override local salary history ordinances within those cities. However, outside those jurisdictions, Tennessee's strong at-will employment framework means employers face no state-level consequences for salary history inquiries or reliance on such history in termination decisions. The ordinances also do not apply retroactively; prior salary history obtained before the ordinance was in effect may not trigger liability, though continued reliance on it post-ordinance may.

Step 1: Document all communications regarding salary history. Keep copies of job postings, email exchanges with recruiters, notes from phone screens and interviews, and any written materials the employer provided or requested. Record the date, time, and substance of any oral questions about prior compensation. If the employer used an application form or questionnaire that asked about salary history, retain a copy. Screenshot digital communications and save PDF versions to prevent loss.

Step 2: Submit an internal complaint if you are in Nashville or Knoxville and are denied a job or offered lower pay due to salary history. Send a written message to the hiring manager, HR department, or recruiter explaining that the employer's salary history inquiry violates local ordinance. Request a written explanation for the decision. This creates a record and may prompt correction, though it does not waive your right to file externally.

Step 3: File a complaint with the appropriate agency. In Nashville, file with the Metropolitan Human Relations Commission (MHRC) at https://www.nashville.gov/human-relations-commission or call (615) 862-5727. In Knoxville, file with the Knoxville Human Rights Commission at https://www.knoxvillehrc.org or call (865) 215-2519. Complaints must be filed within 180 days of the alleged violation. Include your name, the employer's name and address, the date of the salary history inquiry, what was asked, and how the violation harmed you.

Step 4: Expect investigation by the municipal agency. The MHRC or equivalent will send a notice of complaint to the employer and may conduct interviews with you, the employer, and witnesses. The process typically takes 60–90 days but can extend longer. The agency will determine whether the employer violated the ordinance. If a violation is found, the agency may issue a conciliation agreement requiring the employer to cease the conduct and may recommend damages.

Step 5: Consult an employment attorney licensed in Tennessee if the employer retaliates, if the agency decision is unfavorable and you wish to appeal, or if damages are not offered. An attorney can evaluate whether the violation intersects with discrimination (e.g., whether salary history was used to perpetuate gender pay gaps) and whether additional federal claims exist under the Equal Pay Act or Title VII. Many employment attorneys in Nashville and Knoxville offer free initial consultations.