Tennessee Background Checks | NCS

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.