Tennessee Selection and Testing: What you need to know

The Tennessee Human Rights Act prohibits discrimination based on race, creed, color, religion, sex, age (40 and over), or national origin, unless age, sex, or religion is a bona fide occupational qualification (BFOQ). The Act applies to all public employers and private employers with eight or more employees (TN Code Sec. 4-21-101 et seq.). A separate law prohibits discrimination based on mental or physical disability (TN Code Sec. 8-50-103 et seq.).
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Apprenticeship and training programs. The state's Human Rights Act prohibits employers from discriminating against an individual on the basis of race, creed, color, religion, sex, or national origin in admission to or employment in an apprenticeship or training program. Employers are also prohibited from printing, publishing, or circulating any statement, advertisement, or publication concerning an apprenticeship or training program that indicates a discriminatory preference, limitation, or specification, unless religion or sex is a BFOQ (TN Code Sec. 4-21-404).
Disability discrimination. A separate state law prohibits all employers from discriminating against an individual on the basis of a physical, mental, or visual disability (including the use of a guide dog), unless the disability specifically prevents job performance (TN Code Sec. 8-50-103).
Although the Tennessee fair employment practice laws do not specifically address employment tests and other selection devices, employers may generally use any professionally developed aptitude test that is not designed, used, or intended to discriminate against a protected individual or class of individuals.
The state has no law that regulates or ...

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