Tennessee Code Title 8. Public Officers and Employees § 8-50-112

(a) If an employer announces a position for employment that is a covered position, the announcement shall include the following statement:

NOTICE

This position requires a criminal background check. Therefore, you may be required to provide information about your criminal history in order to be considered for this position.

(b) If an employer announces a position for employment that is not a covered position, the employer shall not inquire about an applicant's criminal history on the initial application form. An employer may inquire about an applicant's criminal history after the initial screening of applications. If an employer inquires about an applicant's criminal history, the employer shall provide the applicant with an opportunity to provide an explanation of the applicant's criminal history to the employer.

(c) In considering an applicant with a criminal history for a position for employment other than a covered position, an employer shall consider:

(d) Except as otherwise required or expressly permitted by state or federal law, a criminal history obtained by an employer shall be confidential and not subject to the open records law, compiled in title 10, chapter 7.

(e) An employer shall be held harmless and not liable for any damages arising from the employer's failure or refusal to hire an applicant for any covered position or other position based on information obtained by the employer from an inquiry into the criminal history of the applicant.

(f) As used in this section, unless the context otherwise requires: