Tennessee Code Annotated
Tenn. Code Ann. § 4-21-401 (2026)
Employer practices
✓ current as of May 2026
- (a) It is a discriminatory practice for an employer to:
- (1) Fail or refuse to hire or discharge any person or otherwise to discriminate against an individual with respect to compensation, terms, conditions or privileges of employment because of such individual's race, creed, color, religion, sex, age or national origin; or
- (2) Limit, segregate or classify an employee or applicants for employment in any way that would deprive or tend to deprive an individual of employment opportunities or otherwise adversely affect the status of an employee, because of race, creed, color, religion, sex, age or national origin.
- (b) This section does not apply to the employment of an individual by such individual's parent, spouse or child or to employment in the domestic service of the employer.
- (c) It is not a discriminatory practice for an employer to institute a policy in the employer's workplace requiring that all employees speak only in English at certain times when the employer has a legitimate business necessity for such a policy, including, but not limited to, the safe and efficient operation of the employer's business, and the employer provides notice to employees of the policy and the consequences of violating the policy.
- (d)
- (1) No employer shall terminate an employee who is a volunteer rescue squad worker, as this term is defined in § 7-51-210, because the employee, when acting as a volunteer rescue squad worker, is absent or late to the employee's employment in order to respond to an emergency prior to the time the employee is to report to the employee's place of employment.
- (2) An employer may charge against the employee's regular pay any time that an employee who is a volunteer rescue squad worker loses from employment because of the employee's response to an emergency.
- (3) An employer has the right to request an employee who loses time from the employee's employment to respond to an emergency to provide the employer with a written statement from the supervisor or acting supervisor of the volunteer rescue squad worker stating that the employee responded to an emergency and list the time and date of the emergency.
- (4) Any employee who is absent or late to the employee's employment in order to respond to an emergency shall make a reasonable effort to notify the employee's employer that the employee may be absent or late.
- (5) Any employee terminated in violation of this section may bring a civil action against the employee's employer. The employee may seek reinstatement to the employee's former position, payment of back wages, reinstatement of fringe benefits, and where seniority rights are granted, the reinstatement of seniority rights. The employee has one (1) year from the date of a violation of this section to file an action.
Acts 1978, ch. 748, § 7; T.C.A., § 4-2105; Acts 1980, ch. 732, § 6; T.C.A., § 4-21-105; Acts 2010, ch. 1089, § 1.
Notes of Decisions
Cited in 141
cases (25 in the last 5 years), 1988–2026 · leading case: Carr v. United Parcel Serv., 955 S.W.2d 832 (Tenn. 1997).
Carr v. United Parcel Serv., 955 S.W.2d 832 (Tenn. 1997). “CONCLUSION Based on the limited facts certified to this Court, we hold that these defendants cannot be held individually liable under the Tennessee Human Rights Act as an employer under Tenn.Code Ann. § 4-21-401 or for aiding and abetting an employer’s violation of § 4-21-401.”
Laschinski T. Emerson v. Oak Ridge Rsch., Inc. a/k/a Oak Ridge Realty Holding, Inc. & Nathaniel Revis, 187 S.W.3d 364 (Tenn. Ct. App. 2005). “While it is true that only an “employer” can be liable for sexual harassment pursuant to the THRA (see Tenn. Code Ann. § 4-21-401 ), a person, which is defined as “individuals, governments, governmental agencies, public authorities, labor organizations, corporations, legal…”
Wilson v. Rubin, 104 S.W.3d 39 (Tenn. Ct. App. 2002). “Accordingly, Tenn.Code Ann. § 4-21-401(a)(l), (2) specifically prohibits age discrimination in hiring, firing, fixing compensation, or defining the terms and conditions of employment.”
Campbell v. Florida Steel Corp., 919 S.W.2d 26 (Tenn. 1996). “” Tenn.Code Ann. § 4-21-401(a)(l) (1991 Repl.”
Bredesen v. Tennessee Jud. Selection Comm'n, 214 S.W.3d 419 (Tenn. 2007). “See Tenn.Code Ann. § 4-21-401(a) (2005) (“Employer practices”) for provisions applying to applicants for employment.”
Bennett v. Steiner-Liff Iron & Metal Co., 826 S.W.2d 119 (Tenn. 1992). “The complaint included a State Pendent Claim for the same practices and policies in violation of T.C.A. § 4-21-401, under the provisions of the Tennessee Human Rights Act.”
Goodman v. City of Savannah, 148 S.W.3d 88 (Tenn. Ct. App. 2003). “Goodman argued that, as Savannah admitted to mandating Goodman’s retirement solely on the basis of his age, Savannah had violated section 4-21-401 of the Tennessee Human Rights Act, which forbids discrimination on the basis of age.”
Anderson v. Stand. Register Co., 857 S.W.2d 555 (Tenn. 1993). “By statute, an employer cannot discharge employees because of their race, religion, sex, age, physical condition or mental condition (T.C.A. §§ 4-21-401(a)(1) (1991), 8-50-103(a) (Supp.”
Stevenson v. Superior Court, 941 P.2d 1157 (Cal. 1997). “§ 1-13-80 ; Tenn. Code Ann. § 4-21-401 ; Tex. Lab. Code Ann.”
Perlberg v. Brencor Asset Mgmt., Inc., 63 S.W.3d 390 (Tenn. Ct. App. 2001). “” T.C.A. § 4-21-401 (1998). The employment-related part of the THRA does not expressly apply to claims of discrimination based upon a disability.”
Austin v. Shelby Cnty. Gov't, 3 S.W.3d 474 (Tenn. Ct. App. 1999). “See T.C.A. § 4-21-401(a) (1991); 42 U.S.C.A. § 2000e-2(a) (West 1994).”
Killingsworth v. Ted Russell Ford, Inc., 205 S.W.3d 406 (Tenn. 2006). “The legislation was enacted to, inter alia, “[s]afeguard all individuals within the state from discrimination because of race, creed, color, religion, sex, age or national origin in connection with employment and public accommodations,” id. § 4-21-101(a)(3), protect such…”
Tenn. Code Ann. § 4-21-401(1): 3 cases
Laschinski T. Emerson v. Oak Ridge Rsch., Inc. a/k/a Oak Ridge Realty Holding, Inc. & Nathaniel Revis, 187 S.W.3d 364 (Tenn. Ct. App. 2005). “While it is true that only an “employer” can be liable for sexual harassment pursuant to the THRA (see Tenn. Code Ann. § 4-21-401 ), a person, which is defined as “individuals, governments, governmental agencies, public authorities, labor organizations, corporations, legal…”
Sandra Sanders v. David W. Lanier & State of Tennessee - Concurring, 968 S.W.2d 787 (Tenn. 1998).
Laschinski T. Emerson v. Oak Ridge Rsch., Inc. a/k/a Oak Ridge Realty Holding, Inc. & Nathaniel Revis - Concurring & Dissenting (Tenn. Ct. App. 2005).
Tenn. Code Ann. § 4-21-401(2): 1 case
Raines v. Shoney's, Inc., 909 F. Supp. 1070 (E.D. Tenn. 1995).
Tenn. Code Ann. § 4-21-401(a): 16 cases
Bredesen v. Tennessee Jud. Selection Comm'n, 214 S.W.3d 419 (Tenn. 2007). “See Tenn.Code Ann. § 4-21-401(a) (2005) (“Employer practices”) for provisions applying to applicants for employment.”
Austin v. Shelby Cnty. Gov't, 3 S.W.3d 474 (Tenn. Ct. App. 1999). “See T.C.A. § 4-21-401(a) (1991); 42 U.S.C.A. § 2000e-2(a) (West 1994).”
Howard v. City of Kansas City, 332 S.W.3d 772 (Mo. 2011).
Harris v. Metro. Gov't Nashville & Davidson Co. Tn, 594 F.3d 476 (6th Cir. 2010).
Laschinski T. Emerson v. Oak Ridge Rsch., Inc. a/k/a Oak Ridge Realty Holding, Inc. & Nathaniel Revis, 187 S.W.3d 364 (Tenn. Ct. App. 2005). “While it is true that only an “employer” can be liable for sexual harassment pursuant to the THRA (see Tenn. Code Ann. § 4-21-401 ), a person, which is defined as “individuals, governments, governmental agencies, public authorities, labor organizations, corporations, legal…”
Tenn. Code Ann. § 4-21-401(a)(1): 19 cases
Anderson v. Stand. Register Co., 857 S.W.2d 555 (Tenn. 1993). “By statute, an employer cannot discharge employees because of their race, religion, sex, age, physical condition or mental condition (T.C.A. §§ 4-21-401(a)(1) (1991), 8-50-103(a) (Supp.”
Frame v. Davidson Transit Org., 194 S.W.3d 429 (Tenn. Ct. App. 2005).
Frye v. St. Thomas Health Servs., 227 S.W.3d 595 (Tenn. Ct. App. 2007).
Moling v. O'Reilly Auto., Inc., 763 F. Supp. 2d 956 (W.D. Tenn. 2011).
Frazier v. Heritage Fed. Bank for Sav., 955 S.W.2d 633 (Tenn. Ct. App. 1997).
Tenn. Code Ann. § 4-21-401(a)(l): 10 cases
Wilson v. Rubin, 104 S.W.3d 39 (Tenn. Ct. App. 2002). “Accordingly, Tenn.Code Ann. § 4-21-401(a)(l), (2) specifically prohibits age discrimination in hiring, firing, fixing compensation, or defining the terms and conditions of employment.”
Campbell v. Florida Steel Corp., 919 S.W.2d 26 (Tenn. 1996). “” Tenn.Code Ann. § 4-21-401(a)(l) (1991 Repl.”
Spann v. Abraham, 36 S.W.3d 452 (Tenn. Ct. App. 1999).
Davis v. Connecticut Gen. Life Ins., 743 F. Supp. 1273 (M.D. Tenn. 1990).
Williams v. Greater Chattanooga Pub. Television Corp., 349 S.W.3d 501 (Tenn. Ct. App. 2011).
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