Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 02, 2024 | Updated by Findlaw Staff
(a) It is a discriminatory practice in violation of this chapter for an employer to:
(1) Fail or refuse to hire or discharge a person or otherwise to discriminate against an individual with respect to compensation, terms, conditions, or privileges of employment because of such individual's race, creed, color, religion, sex, age, or national origin; or
(2) Limit, segregate, or classify an employee or applicants for employment to deprive or tend to deprive an individual of employment opportunities or otherwise adversely affect the status of an employee, because of race, creed, color, religion, sex, age, or national origin.
(b) This section does not apply to the employment of an individual by the individual's parent, spouse, or child, or to employment in the domestic service of the employer.
(c) It is not a discriminatory practice for an employer to institute a policy in the employer's workplace requiring that all employees speak only in English if the employer has a legitimate business necessity for such a policy, including, but not limited to, the safe and efficient operation of the employer's business. The employer must first provide notice of the policy to employees and the consequences of violating the policy.
(d)(1) An employer shall not terminate an employee who is a volunteer rescue squad worker, as defined in § 7-51-210, because the employee, when acting as a volunteer rescue squad worker, is absent or late to the employee's employment in order to respond to an emergency prior to the time the employee is to report to the employee's place of employment.
(2) Notwithstanding subdivision (d)(1), an employer may charge against the regular pay that an employee who is a volunteer rescue squad worker loses from employment because of the employee's response to an emergency.
(3) An employer may request an employee who loses time from the employee's employment to respond to an emergency to provide the employer with a written statement from the supervisor or acting supervisor of the volunteer rescue squad worker stating that the employee responded to an emergency and list the time and date of the emergency.
(4) An employee who is absent or late to the employee's employment in order to respond to an emergency must make a reasonable effort to notify the employee's employer that the employee may be absent or late.
(5) An employee terminated in violation of this section may bring a civil action against the employee's employer. The employee may seek reinstatement to the employee's former position, payment of back wages, reinstatement of fringe benefits, and, where seniority rights are granted, the reinstatement of seniority rights. The employee has one (1) year from the date the alleged violation of this section ceases to file an action.
(e) An individual employee or agent of an employer is not liable for a civil violation of this part that an employer is found to have committed.
Cite this article: FindLaw.com - Tennessee Code Title 4. State Government § 4-21-401 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-4-state-government/tn-code-sect-4-21-401/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Make It a Preferred Google Search Source
Add to GoogleGet help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)