discrimination laws tennessee

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

Discrimination in Employment Act (ADEA), the Bankruptcy Act of 1973, the Americans with

FEDERAL AND STATE ANTI-DISCRIMINATION LAWS FOR TENNESSEE 1

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

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).


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.


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


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.


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


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


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).


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


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 Anti-

discrimination 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


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


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.


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/tennessee-

religious-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/wp-

content/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.

https://www.americanprogress.org/wp-%09content/uploads/issues/2012/06/pdf/state_nondiscrimination.pdf

https://www.americanprogress.org/wp-%09content/uploads/issues/2012/06/pdf/state_nondiscrimination.pdf

http://www.huffingtonpost.com/2014/03/25/tennessee-%09religious-discrimination-bill_n_5030344.html

http://www.huffingtonpost.com/2014/03/25/tennessee-%09religious-discrimination-bill_n_5030344.html


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

http://www.workplacefairness.org/file_TN

https://www.eeoc.gov/employees/charge.cfm

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