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Summary of differences between federal and state regulations
Arrest & conviction record inquiries
Applies to state agencies. SB 2440.
The bill, effective April 14, 2016, prohibits state agencies from making inquiries about a criminal history on an initial employment application, except for certain positions covered by law. Following the initial screening of applications, if an employer inquires about an applicant’s criminal history, the employer must allow the applicant to provide an explanation of the history. The employer must also consider:
- The specific duties and responsibilities of the position;
- The bearing, if any, that an applicant's criminal history may have on the applicant's fitness or ability to perform the duties required by the position;
- The amount of time that has elapsed since the applicant's conviction or release;
- The age of the applicant at the time of the commission of each offense;
- The frequency and seriousness of each offense;
- Any information produced by the applicant regarding the applicant's rehabilitation and good conduct since the occurrence of an offense; and
- Any public policy considerations with respect to the benefits of employment for applicants with criminal histories.
In a separate bill signed on March 31, 2016, Tennessee prohibited local governments from passing laws requiring private employers to “ban the box.”
State
Contacts
Employer immunity from disclosure claims
Tennessee Department of Labor and Workforce Development
Arrest record inquiries
Tennessee Human Rights Commission
Conviction record inquiries
Tennessee Human Rights Commission
Regulations
Employer immunity from disclosure claims
Tennessee Code, Title 50, Chapter 1, Part 1, §50-1-105, providing employee information to prospective employers – good faith
http://www.lexisnexis.com/hottopics/tncode/
Arrest record inquiries
None.
Conviction record inquiries
None.
Federal
Contacts
Employer immunity from disclosure claims
None.
Arrest record inquiries
Equal Employment Opportunity Commission (EEOC)
Conviction record inquiries
Equal Employment Opportunity Commission (EEOC)
Regulations
Employer immunity from disclosure claims
None.
Arrest record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.
Conviction record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.