Employers in Tennessee face a complex legal landscape when conducting background checks on job applicants. Ensuring compliance with state and federal laws is essential to mitigate legal risks and maintain fair hiring practices. Below, we outline the key aspects of Tennessee background check laws and employer obligations.

Criminal Background Checks

Certain positions require mandatory background checks to protect vulnerable populations and maintain workplace safety. These include:

• Childcare programs, healthcare facilities and emergency services, which must conduct thorough screenings of employees.
• Fingerprinting and screenings conducted by the Tennessee Bureau of Investigation (TBI) and the FBI.
• Providing applicants with copies of their background check reports.
• Childcare workers must undergo re-screening every five years to ensure continued compliance.

Non-Criminal Background Checks

While Tennessee has fewer restrictions on non-criminal background checks, key rules still apply:

• Employers must comply with federal laws like the Fair Credit Reporting Act (FCRA) when collecting background information.
• Polygraph test results cannot be used as the sole basis for hiring or firing decisions.
• Employers cannot inquire about an applicant’s religious or political beliefs, racial opinions, or past personal activities during polygraph tests.

Employer Liability & Legal Protections

Employers should be aware of the potential legal risks associated with background checks:

• Negligent Hiring Claims: Employers may face liability if they fail to properly vet employees who later cause harm.
• Certificates of Employability: Individuals with past convictions may obtain certificates that enhance job prospects while limiting employer liability.
• Privacy Protections: Tennessee courts recognize privacy claims if an employer misuses background check information.

Ban-the-Box & Employment Restrictions

While private employers can inquire about past convictions, some industries impose hiring restrictions:

• Strict hiring bans exist for positions working with vulnerable populations (e.g., sexual offenses automatically disqualify applicants from childcare jobs).
• Expunged records do not need to be disclosed, and employers cannot discriminate against individuals based on expunged histories.

Compliance Takeaways for Employers

To ensure compliance with Tennessee background check laws, employers should:

• Follow both state and federal regulations when conducting screenings.
• Develop clear policies governing criminal and non-criminal background checks.
• Use reputable background check providers and follow legal procedures.
• Stay updated on evolving laws to avoid legal pitfalls and hiring risks.

By understanding and adhering to these regulations, employers can make informed hiring decisions while ensuring compliance.

For a more detailed analysis of Tennessee’s background check laws, read our recent contribution to the Thomson Reuters Practical Law series or download the provided PDF.