Accessing Criminal Records
In Tennessee, it is legal for all private and most public employers to conduct inquiries about an applicant’s criminal history as part of the pre-employment background screening process; this includes reviewing conviction records. As we’ll explore, the state and a handful of municipalities and counties have enacted ban-the-box laws, which must be considered to remain compliant when conducting background screening in certain jurisdictions. NCS makes reading reports easy. Our criminal background checks report convictions and serious pending cases that belong to your applicant.
Employers in Tennessee are prohibited from making hiring decisions based solely on arrest records because they don’t provide a comprehensive view of the person’s criminal record.
Ban the Box Policies – State, Municipal and County
Tennessee is one of many states that enforces a ban-the-box law. The law prohibits employers from asking candidates to divulge if they have a criminal history during the initial application process. However, this law only applies to employers in the public sector in Tennessee.
Several municipalities and counties in Tennessee have also adopted ban-the-box laws that only apply to the public sector, including: Chattanooga, Memphis, Nashville, Hamilton County, and Shelby County.
Since the extent of these county ban-the-box regulations vary on a case-by-case basis, it’s important for public employers to stay aware of the distinctions that apply within their jurisdiction.
Social Media Background Check Law
Tennessee employers are prohibited from doing any of the following things regarding the social media accounts of prospective employees or current employees:
- Asking for the password to access social media accounts
- Asking the applicant or employee to add the employer as a contact
- Requiring the applicant or employee to log into a social media account in the employer’s presence so that the employer can review it
- Taking adverse action against an employee or applicant for his or her refusal to give a password, add the employer as a contact, or logging into social media in the employer’s presence
Once an applicant is hired, this law does not prohibit employers from asking an employee for his or her password and username to access a device that has been supplied to the employee by the employer as a job benefit.
