Running head: FEDERAL AND STATE ANTI-DISCRIMINATION LAWS FOR

TENNESSEE0

Federal and State Anti-discrimination Laws for Tennessee

Name
Institution

Abstract
A majority of the United States of America (USA) Federal non-discrimination laws fall
under the Title VII of the Civil Rights Act. The federal laws cover employers with more than
fifteen employees. The Equal Pay Act, the Rehabilitation Act of 1973, the Pregnancy
Discrimination Act of 1978, the Genetic Information Non-discrimination Act, the Age

FEDERAL AND STATE ANTI-DISCRIMINATION LAWS FOR TENNESSEE

Discrimination in Employment Act (ADEA), the Bankruptcy Act of 1973, the Americans with
Disability Act (ADA) of 1990, the Nineteenth Century Civil Rights Act of 1993, and the Equality
Act of 2015 are some of the Federal laws regarding workplace discrimination. On the other hand,
the State of Tennessee has an Equal Pay Act, Age Discrimination in Employment Act (ADEA),
Pregnancy Discrimination Act of 1978, Genetic Information Non-discrimination Act, Religious
Viewpoints Anti-discrimination Act, Nineteenth Century Civil Rights Act of 1993, and the
Equality Act of 2015. However, these State laws cover workplaces with between eight to
fourteen employees. The State of Tennessee is yet to implement a non-discrimination law for
LGBT workers. However, the State has the Religious Viewpoints Anti-discrimination Act that
permits people of all religions to express their religious opinions freely without discrimination or
punishment (Ashtari, 2014).

Introduction
In today's cross-cultural and socially changing world, organizations are expected by law
to practice fairness and equality in all of their human resource activities. Regarding this, offering
special treatment to certain individuals and overlooking others without valid justification is
regarded a discrimination and is punishable by law (U.S Equal Employment Opportunity
Commission, 2016). Anti-discrimination laws in the States of USA vary in their scope and
implementation. Hence, some States have more stringent policies concerning workplace

FEDERAL AND STATE ANTI-DISCRIMINATION LAWS FOR TENNESSEE

discrimination while others are still behind on the matter. For example, a report by the Centre for
American Progress and Action Fund (June 2012) points out that thirty-two States have put into
effect laws protecting gay and transgender workers from workplace discrimination (Hunt, 2012).
Discrimination in the workplace includes termination of contract or denial of promotion based on
sexual, race, age, or religious orientation. According to the report by the Centre for American
Progress and Action Fund (June 2012), Federal and State anti-discrimination laws provide a
ground where discriminated parties can sue their employers in a court of law. In the absence of
such laws, the individual can only use executive policies where they pursue superiors within the
organization for justice (Hunt, 2012).
This paper aims to compare and contrast the local/state anti-discrimination laws in the
workplace with those of the federal level in the State of Tennessee. The paper will go further and
explain the defences between these State and Federal laws and the effects that each has on
workplace policies in the State (Workplacefairness.org, 2016).
Federal laws
The United States Constitution holds the laws that prohibit employee discrimination by
both private and public sectors. These federal laws are approved by Congress are part of the
Common Law. The Civil Rights Act of 1964 holds the majority of the laws concerning
workplace discrimination. The Act groups the laws on the different levels of discrimination
regarding by race, sex, pregnancy, religion, national origin, disability, bankruptcy, age,
citizenship, and bankruptcy. The Fifth Amendment also contributes to the non-discrimination
laws by prohibiting the Federal Government against deprivation of the rights to live, liberty, and
property. Also, the fourteenth amendment protects people of all races from discrimination by the
individual States (Cihon & Castagnera, 2017).

FEDERAL AND STATE ANTI-DISCRIMINATION LAWS FOR TENNESSEE

The Equal Pay Act prohibits employers from paying different wages to employees by
their differences in gender. On the other hand, the Fair Labour Standards Act of 1963, also part
of the Equal Pay Act, covers employees who operate in an inter-state context. Hence, an
employer falling under laws of different States is prohibited by the Fair Labour Standards Act
from discriminating employees from any of the States they operate (Gregory, 2001).
Title VII of the Civil Rights Act of 1964 is multi-diversified in the issues regarding
workplace discrimination. Being one of the earliest Federal non-discrimination laws, the Act
protects employees of different States from discrimination on the basis of race, religion, colour,
sex, and national origin. Further, the Act prohibits labour organizations to use biases in granting
union membership. Hence, under this law, all people have equal rights to demand their rights if
they are victims of workplace discrimination. However, it should be noted that the Title VII of
the Civil Rights Act only applies to employers with more than fifteen employees (Cihon &
Castagnera, 2017).
The Pregnancy Discrimination Act of 1978 was specially designed to protect pregnant
women from workplace discrimination. The Act also works hand-in-hand with the Family and
Medical Leave Act, another federal law protecting pregnant women and according to them the
right for pregnancy leaves and other related considerations. Hence, pregnant women are
protected by these federal laws from employers who'd suspend them or deny them maternity
leaves (Workplacefairness.org, 2016).
Age Discrimination in Employment Act (ADEA) was enacted in 1968 and amended in
1978 and 1986. The law protects employees from discrimination by age. Among the age brackets
protected by this law are employees over the age of 40. These individuals are given the right to
benefits, pensions, and other retirement plans.

FEDERAL AND STATE ANTI-DISCRIMINATION LAWS FOR TENNESSEE

The Genetic Information Non-discrimination Act of 2008 protects employees from

discrimination by genetic information. Regarding this, the Act prohibits employers from using
genetic information in making decisions to hire, fire, promote, or replace employees. Hence, the
Federal Government under his law prohibits employers from using information such as DNA
coding in their HR practices. The law is a special policy for regulating a relatively new form of
discrimination at the workplace.
The Bankruptcy Act of 1973 is another special law that protects discrimination at the
workplace by bankruptcy status of the employees. Regarding this, the law prohibits employers
from discriminating against previously or presently bankrupt individuals in the selection,
interviewing, or promotion procedures. The law also prohibits the discrimination of individuals
on the basis of bad debts. This statute was implemented into law upon the realization by the
Federal and State governments that employers were discriminatory on candidates that had an
earlier record of bankruptcy or bad debts.
Rehabilitation Act of 1973 is a special clause for people with disability. Under this Act,
the law of the United States of America requires that every workplace has special equipment for
people with disabilities. Also, the law protects these disabled employees from workplace
discrimination on the basis of their disabilities. Hence, the law was designed to accord equal
opportunities for physically challenged persons and to create compatible systems for them at the
workplaces. Later in 1990, the Americans with Disability Act (ADA) of 1990 was amended by
Congress to protect qualified persons with disability from discrimination in the selection,
recruitment, and interviewing procedures. Regarding this, the laws were passed in response to
the realization that some employees denied people with a history of mental or physical
disabilities the opportunities to work in their firms even when they were qualified for the

FEDERAL AND STATE ANTI-DISCRIMINATION LAWS FOR TENNESSEE

position. The law also brought forward the requirement for all employers to provide the relevant
resources to enable people with disabilities to apply for jobs, perform their duties, and enjoy
benefits at the workplace. The law makes exemptions for only those employees who have
justifiable evidence showing that provision of these resources would result in undue hardship.
Therefore, the Americans with Disability Act (ADA) of 1990 was an improvement of the
Rehabilitation Act of 1973, adding to the conditions at the workplace creating suitability for
disabled persons.
The Nineteenth Century Civil Rights Act of 1993 provides guidelines on the
compensations available for victims of workplace harassment. The Act works hand-in-hand with
the Civil Rights Act of 1964, the Rehabilitation Act of 1973, and the Americans with Disabilities
Act to direct legal institutions on the charges to make for harassment cases by sex, disability,
race, origin, and colour.
The Equality Act of 2015 prohibits workplace discrimination on the basis of gender and
sexual orientations. The Act protects discrimination against sexes, gays, transsexuals, and other
minority groups falling under these minority groups. Regarding this, the discrimination against
gays and transsexuals has been a matter of debate in the recent years. In a bill tabled in March
2014, lawmakers, House members, and senators proposed the enactment of the Employment
Non-discrimination Act (ENDA). ENDA was designed to protect LGBT (lesbian, gay, bisexual,
and transgender) workers from workplace discrimination. According to statistics presented
before Congress, Gay and transgender populations are among the most discriminated individuals
in most States of the U.S.A. It was found that between fifteen and forty-three percent of gay and
transgender individuals in the U.S.A have experienced some form of workplace discrimination.

FEDERAL AND STATE ANTI-DISCRIMINATION LAWS FOR TENNESSEE

The American Civil Liberties Union (ACLU) is another statutory body of the Federal
government that is concerned with administering justice and equality in the workforce. The
American Civil Liberties Union protects people of all religions and accords them equal
opportunities in all avenues in the country. Regarding this, the law accords equal rights and
opportunities to people of all religion. The Religious Viewpoints Anti-discrimination Act was
passed into effect by the House of Representatives with the intention of promoting equality for
all religions. However, some members of the American Civil Liberties Union termed the Act as
controversial, stating that it crosses the line in the promotion of religious freedom. The Act states
that all people of all religions including Wiccans and Satanists have equal rights of expression,
whether at the workplace or outside. Regarding this, the Act protects people of all religions to
express their religious ideologies freely so long as they do not interfere with the peace and safety
of others. Therefore, under this law, all employees are protected from discrimination based on
their religious affiliations, standpoints, or views.

State laws
In the recent past, the Tennessee House of Representative and Court of Appeals have
attempted to pass into effect a bill that will protect the discrimination by sexual orientation.
However, the move has not yet succeeded, and the State still does not prohibit discrimination on
the basis of sexual orientation. LGBT rights activists attempted to lawsuits to Bills limiting their
protection by law, but their appeal was dismissed for lack of standing.
Tennessee Human Rights Act and Tennessee Disability Act were implemented in 2015 as
embodiments of the United States Civil Rights Act of 1964, the Pregnancy Amendment of 1978,
and the Age Discrimination in Employment Act of 1967. The Acts were passed by the Tennessee

FEDERAL AND STATE ANTI-DISCRIMINATION LAWS FOR TENNESSEE

House of Representatives in response to complaints about workplace discrimination in the State

on the basis of race, gender, sexual orientation, colour, origin, and religion.
The Tennessee Human Rights Commission is a special body of the State government that
is concerned with addressing human right practices both at the workplace and outside. Regarding
this, a report by the Tennessee Human Rights Commission makes provisions for discrimination
cases in employment, public accommodation, and housing complaints. Under this report, the
Commission makes its clear on the State government's position on the issue of discrimination in
the workplace by any of the differences identified. The Tennessee Human Rights Commission
report also provides guidelines for the rights to maternity leave. In this section, the State laws
specify that an employee is mandated to get leave for adoption, pregnancy, nursing an infant, and
childbirth whenever necessary. Hence, the state laws prohibit denial of these rights to any
member of the State (Pizer, Sears, Mallory, & Hunter, 2011).
The Tennessee Fair Employment Practices Law exists as a statutory body that protects
Tennesseans from discrimination at the workplace about race or colour. The Tennessee Fair
Employment Practices Law is a part of the Tennessee Human Rights Commission, and it
punishes employers that willingly violate the provisions of the Commission as provided by the
law of the State. Regarding this, all employers in the State of Tennessee are forbidden to
discriminate workers due to their cultural differences. The State of Tennessee is part of the US
constitutional jurisdiction and, hence, it is required to adhere to the Federal policies under the
U.S law. Hence, violators of Federal laws are answerable to the State as well as the federal laws.
Tennessee lawmakers passed into effect the Religious Viewpoints Anti-discrimination Act
that permits all people of all religions to express their religious beliefs freely without
discrimination or punishment (Ashtari, 2014). The bill created some controversy as some

FEDERAL AND STATE ANTI-DISCRIMINATION LAWS FOR TENNESSEE

members of the public opposed some religious movements such as Satanists and Wiccans.
However, the State government of Tennessee held on to the justification of the Act, explaining
that no one was limited to another's religious affiliation or belief. Hence, under this law, an
employer is prohibited from according to discriminatory treatment to an individual on the basis
that they hold differing religious beliefs. Hence, the employer refrains from using religious bias
in the selection, recruitment, interviewing, and promotion procedures. Consequently, the
Tennessee State laws create guidelines for measures to be taken in punishing an employer who
practices such type of religious discrimination.
The State of Tennessee passed the Employee Online Privacy Act (Online Privacy Act) in
2014. The Employee Online Privacy Act of 2014prohibits employers from demanding that an
employee provides details about social media accounts as a requirement for selection of
promotion in a certain position in the organization. The Act prohibits the employer from
demanding for passwords to an employee's social media accounts. The Act also prohibits an
employer from requiring an employee to add them to their list of contact in a social media
account or list of contacts. Also, the accounts prohibit the employer from compelling the
employee to access their social media accounts in their presence to observe their online activity.
Consequently, the Act prohibits the employer from undertaking punishment or discharging an
employee because they refuse to disclose information concerning their social media activity.
Hence, the Employee Online Privacy Act protects an employee from discrimination based on
information in their social media accounts. Therefore, the State of Tennessee seems to have taken
a big stride in the liberation of employees from interference by employers in their social media
activities (Pizer, Sears, Mallory, & Hunter, 2011).

FEDERAL AND STATE ANTI-DISCRIMINATION LAWS FOR TENNESSEE

However, the State of Tennessee acknowledges certain exceptions when the employer is
allowed to use social media as a basis for taking disciplinary action on an employee. One of
these exceptions is where the employee transfers critical company information into their social
media accounts. Such exceptions include where the employee aims to stain the reputation of the
firm by displaying company data in their social media accounts. Another exemption is where the
employee is in violation of state, federal, or corporate law in their social media activities. In such
an event, the employee is answerable and liable to disciplinary measure by the employer as well
as the state and federal legal systems (U.S Equal Employment Opportunity Commission, 2016).
Contrasting federal and state statutory/regulatory provisions
Areas where it appears that the state's employment discrimination laws cover areas of
employment discrimination not covered under federal law.
The State of Tennessee has some anti-discrimination laws that are not covered by the
federal laws. One of these areas is the religious anti-discrimination policies. The Employee
Online Privacy Act (Online Privacy Act) of 2014 is one of the State's laws that are distinguishing
for the state of Tennessee. Regarding this, the Federal Government does not have clear laws
prohibiting discrimination on the basis of online activity. The State of Tennessee acknowledges
the need for citizens to have privacy to exercise their online access rights in this technologically
advancing world. Regarding this, the Employee Online Privacy Act (Online Privacy Act) of 2014
protects Tennesseans from harassment by employers who demand access to personal social
media accounts. The law prohibits disciplinary measures by employers as a result of the refusal
to disclose passwords to personal social media accounts. Also, the Employee Online Privacy Act
prohibits Tennessean employers from discriminating against employees who refuse to access

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their personal social media accounts openly. Therefore, it can be said that the State of Tennessee
is a milestone ahead in the provision of social media rights.
Another anti-discrimination law in the State of Tennessee that is not in the Federal laws is
the anti-discrimination on the basis of religion. The Religious Viewpoints Anti-discrimination
Act appears to the Tennessee Human Rights Committee, the Religious Viewpoints Antidiscrimination Act was implemented to protect Tennesseans from discrimination by their
religious affiliations, opinions, or beliefs. Regarding this, the State acknowledges that all people
have the freedom to have their personal religious views and are not subject to the opinions of
others (Buckley, 2013). The Religious Viewpoints Anti-discrimination Act offers this freedom of
expression to all religious affiliation including controversial religions such as Wiccans and
Satanists. However, it is notable that the Tennessean law is not as developed in the Federal laws.
Regarding this, the federal comparison to the Religious Viewpoints Anti-discrimination Act falls
under the United Stated Civil Liberties Acts. However, this Federal provision is not as conclusive
in the matter of religious discrimination as the Tennessean counterpart.
Areas where it appears that the Federal employment discrimination laws cover areas of
employment discrimination not covered under State laws.
The State of Tennessee also appears to fall back in some anti-discrimination laws that are
present in the Federal legal systems. One of these areas is the non-discrimination laws regarding
LGBT workers. Concerning this, the Federal law has over the past mad clear provisions
preventing employers from discriminating against LGBT workers in their human relation
practices. Regarding this, the federal law provides that an employer must not be biased in the
creation of opportunities for employers on the basis of their sexual orientations. According to the
Centre for American Progress and Action Fund (June 2012), between fifteen and forty-three

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percent of gay and transgender individuals in the U.S.A have experienced some form of
workplace discrimination. Following these findings, the federal government put into law the
Equality Act of 2015 and institutionalized the Employment Non-discrimination Act (ENDA) to
protect LGBT workers from workplace discrimination (Player, 2013).
Explain and contrast the minimum number of employees required by either federal law or state
specific employment discrimination laws apply
The Federal non-discrimination laws of the United States Title VII of the Civil Rights Act
only apply to employers with more than fifteen employees. Hence, the The Equal Pay Act, the
Pregnancy Discrimination Act of 1978, the Age Discrimination in Employment Act (ADEA), the
Genetic Information Non-discrimination Act, the Bankruptcy Act of 1973, the Rehabilitation Act
of 1973, the Americans with Disability Act (ADA) of 1990, the Nineteenth Century Civil Rights
Act of 1993, and the Equality Act of 2015 apply to employers with more than fifteen employees.
On the other hand, the State's Equal Pay Act, Pregnancy Discrimination Act of 1978, Age
Discrimination in Employment Act (ADEA), Genetic Information Non-discrimination Act,
Bankruptcy Act of 1973, Rehabilitation Act of 1973, Americans with Disability Act (ADA) of
1990, Nineteenth Century Civil Rights Act of 1993, and the Equality Act of 2015 require that the
employer must have not more than twenty employees.
Contrast the filing procedures for employment discrimination claims under both federal and
state law.
Filing procedures for employment discrimination cases in the Federal and State levels
differ in some aspects. Regarding this, the federal laws require the complainant to make a filed
charge to the US Equal Employment Opportunity Commission. At this level, the parties are
asked to settle the dispute through mediation. However, if the US Equal Employment

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Opportunity Commission does not find any violation of the law, the complainant is given a
Notice of Right to Sue (Player, 2013). He/she can then pursue justice in a court of law. On the
other hand, filing a discrimination claim in the State of Tennessee is made through either the
Tennessee Human Rights Commission (THRC) or the Equal Employment Opportunity
Commission (EEOC). However, these agencies cover workplaces with between eight to fourteen
employees. THRC provides a deadline of 180 days from the day of discrimination to filing the
claim.

Conclusion
The Constitution of the United has various provisions that protect workers from
discrimination by race, colour, national origin, religion, gender, sex, genetic information,
bankruptcy, age, and disability. The statutes make provisions on the measures to be taken on
employers who violate these laws, either by mistreating or denying opportunities to certain
people from the mentioned social groups. On the other hand, the State of Tennessee also has laws
that prohibit violations at the workplace (Buckley, 2013). Based on the discussions in this paper,
it can be concluded that the State of Tennessee is making efforts to promote non-discrimination
at the workforce through areas such as freedom of religious expression and Sexual orientation
(Pizer, Sears, Mallory, & Hunter, 2011). However, the Federal Government needs to improve its
policies to foster better-working conditions for all Americans.

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References
Ashtari, S. (25th mar, 2014). Tennessee Sends Religious Anti-discrimination Bill to Governor.
Huffington post. Retrieved from; http://www.huffingtonpost.com/2014/03/25/tennesseereligious-discrimination-bill_n_5030344.html
Buckley, J. F. (2013). Equal employment opportunity 2014 compliance guide. Place of
publication not identified: Kluwer Law International.
Cihon, P. J., & Castagnera, J. (2017). Employment and labor law.
Gregory, R. F. (2001). Age discrimination in the American workplace: Old at a young age.
Rutgers university press.
Hunt, J (June 2012). A State-by-State Examination on Non-Discrimination Laws and Policies.
Centre for American Progress Action Fund. Retrieved
from;https://www.americanprogress.org/wpcontent/uploads/issues/2012/06/pdf/state_nondiscrimination.pdf
Pizer, J. C., Sears, B., Mallory, C., & Hunter, N. D. (2011). Evidence of persistent and pervasive
workplace discrimination against LGBT people: The need for federal legislation
prohibiting discrimination and providing for equal employment benefits. Loy. LAL Rev.,
45, 715.
Player, M. (2013). Federal Law of Employment Discrimination in a Nutshell. West Academic.

FEDERAL AND STATE ANTI-DISCRIMINATION LAWS FOR TENNESSEE

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U.S Equal Employment Opportunity Commission. Retrieved from;

https://www.eeoc.gov/employees/charge.cfm
Workplacefairness.org. Retrieved from; http://www.workplacefairness.org/file_TN