Tennessee Code Annotated

Tenn. Code Ann. § 50-2-202 (2026)

Prohibited acts

✓ current as of May 2026

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(a) No employer shall discriminate between employees in the same establishment on the basis of sex by paying any employee salary or wage rates less than the rates the employer pays to any employee of the opposite sex for comparable work on jobs the performance of which require comparable skill, effort and responsibility, and that are performed under similar working conditions; however, nothing in this part shall prohibit wage differentials based on a seniority system, a merit system, a system that measures earnings by quality or quantity of production, or any other reasonable differential that is based on a factor other than sex.

(b) An employer who is paying a wage differential in violation of this part shall not, in order to comply with this part, reduce the wage rate of any employee.

(c) No employer may discharge or discriminate against any employee by reason of any action taken by the employee to invoke or assist in any manner the enforcement of this part.

Acts 1974, ch. 757, § 2; T.C.A., § 50-321.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1986–2024 · leading case: Mundell v. Acadia Hosp. Corp., 92 F.4th 1 (1st Cir. 2024).

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Mundell v. Acadia Hosp. Corp., 92 F.4th 1 (1st Cir. 2024). “School Committee of Everett, 658 N.E.2d 162 (Mass. 1995). For, while the majority contends the SJC's decision there supports the conclusion that the Maine Law Court would read the MEPL not to require proof of an employer's intentional discrimination on the basis of sex, the…”

Cent. States Se. & Sw. Areas Pension Fund v. Kraftco, Inc., 799 F.2d 1098 (6th Cir. 1986). “Kraftco also contends that Tenn.Code Ann. § 50-2-205 provides the appropriate limitation period.”

Kelsey Wood v. Tech. for Energy Corp., 654 F. App'x 821 (6th Cir. 2016). “; and Tenn. Code Ann. § 50-2-202 when it paid her a salary and bonuses lower than those of her male coworkers.”

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