2018 Tennessee Code
Title 7 - Consolidated Governments and Local Governmental Functions and Entities
Local Government Functions
Chapter 51 - Miscellaneous Governmental and Proprietary Functions
Part 18 - Equal Access to Intrastate Commerce Act
§ 7-51-1802. Local government authority regarding civil rights, leave policies, and health insurance.
(a) (1) No local government shall by ordinance, resolution, or any other means impose on or make applicable to any person an anti-discrimination practice, standard, definition, or provision that shall deviate from, modify, supplement, add to, change, or vary in any manner from:
(A) The definition of "discriminatory practices" in § 4-21-102 or deviate from, modify, supplement, add to, change, or vary any term used in such definition and also as defined in such section; or
(B) Other types of discrimination recognized by state law but only to the extent recognized by the state.
(2) Any such practice, standard, definition, or provision imposed or made applicable to any person by a local government prior to May 23, 2011, shall be null and void.
(b) (1) (A) No local government shall by ordinance, resolution, contract or any other means authorize or mandate, as a condition of a doing business within the jurisdictional boundaries of a local government or contracting with a local government, that employers establish a leave policy that deviates from, modifies, supplements, adds to, changes, or varies in any manner from state statutorily imposed or recognized requirements such as those authorized pursuant to § 4-21-408.
(B) Subdivision (b)(1)(A) shall not apply if the local government is entering into a contract with the federal government and the federal government requirements are different from those imposed pursuant to state law.
(c) Except to the extent specifically required pursuant to any federal law, no local government shall by ordinance, resolution, contract or any other means, mandate or require, as a condition of doing business within the jurisdictional boundaries of the local government or contracting with the local government, that employers must provide health insurance benefits to persons employed by such employer.
(d) Except as otherwise provided by state or federal law, a local government shall not, as a condition of doing business within the jurisdictional boundaries of the local government or contracting with the local government, prohibit an employer from requesting any information on an application for employment or during the process of hiring a new employee.
(e) Subsections (a), (b), (c), and (d) shall not apply with respect to employees of a local government.
(f) Except as otherwise provided by state or federal law, a local government shall not adopt or enforce any ordinance, regulation, resolution, policy, or any other legal requirement that regulates or imposes a requirement upon an employer pertaining to employee scheduling except when necessary to avoid creating a public or private nuisance.
