Tennessee Selection and Testing laws & HR compliance analysis

Tennessee Selection and Testing: What you need to know

The Tennessee Human Rights Act prohibits discrimination on the basis of race, creed, color, religion, sex, age (40 and over), or national origin, unless age, sex, or religion is a BFOQ (TN Code Sec. 4-21-101 et seq.). A separate law prohibits discrimination on the basis of mental or physical disability (TN Code Sec. 8-50-103 et seq.). Both laws apply to public employers and private employers with eight or more employees.
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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).
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 requires drug testing in the private sector; however, employers should be sensitive to the privacy issues involved in conducting such testing.
Employers that operate a state-licensed daycare facility must test any employee or applicant for illegal drug use before hiring the individual for a position that involves driving or ...

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