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Workplace Discrimination in Tennessee

The Tennessee Human Rights Act (T.C.A. § 4-21-401) prohibits employment discrimination based on race, color, creed, religion, sex, age (40+), and national origin for employers with 8 or more employees. Disability is covered by the Tennessee Disability Act (T.C.A. § 8-50-103). As of July 1, 2025, enforcement moved from the dissolved THRC to the new Division of Civil Rights Enforcement (CRED) within the Tennessee Attorney General's Office.

By Find Local Law Editorial Team · Last reviewed: May 26, 2026

Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.

This is general information, not legal advice. A Tennessee employment attorney can help with your specific situation.

Tennessee’s Anti-Discrimination Law: The THRA

The primary state law protecting Tennessee workers from employment discrimination is the Tennessee Human Rights Act (THRA), T.C.A. § 4-21-401 et seq. The THRA makes it unlawful for a covered employer to discriminate in hiring, firing, compensation, terms, conditions, or privileges of employment based on a protected characteristic.

The protected characteristics under the THRA are: race, color, creed, religion, sex, age (40 and older), and national origin.

The 8-Employee Threshold: A Key Advantage Over Federal Law

One of the most significant features of the THRA is its lower employer coverage threshold. Under T.C.A. § 4-21-102, the THRA applies to employers with 8 or more employees. Federal Title VII, by contrast, requires 15 or more employees, and the federal Age Discrimination in Employment Act (ADEA) requires 25 or more.

This gap matters in practice. A Tennessee employee at a 10-person company has full THRA protection even though they would fall below the federal Title VII threshold. Small businesses are not off the hook under Tennessee law.

Disability Discrimination: The Tennessee Disability Act

Disability discrimination is handled under a separate but parallel statute: the Tennessee Disability Act (TDA), T.C.A. § 8-50-103. The TDA prohibits discrimination against qualified individuals with a disability and uses the same 8-employee threshold as the THRA. It functions similarly to the federal Americans with Disabilities Act (ADA), which requires 15 or more employees.

The 2025 Enforcement Change: THRC Dissolved, CRED Created

A significant structural change took effect on July 1, 2025. Under Public Chapter 471 (HB 910/SB 860), the Tennessee Human Rights Commission (THRC) — the agency that had handled THRA and TDA charges for decades — was dissolved effective June 30, 2025.

All enforcement authority transferred to the newly created Division of Civil Rights Enforcement (CRED) within the Tennessee Attorney General’s Office. If you need to file a discrimination charge under state law today, you file with CRED, not the THRC.

The EEOC worksharing arrangement with the new CRED continues, meaning that filing with CRED also cross-files your charge with the EEOC and preserves your federal rights, and vice versa.

Filing Deadlines

Deadlines for discrimination charges are strict and missing them can permanently bar your claim.

  • State (THRA/TDA with CRED): 180 days from the last discriminatory act.
  • Federal (EEOC): 300 days from the last discriminatory act (Tennessee is a deferral state, which gives workers more time to file federally than they would have in non-deferral states).

Missing the 180-day state deadline may bar your THRA claim even if your federal EEOC claim survives. It is worth filing as early as possible — you do not have to wait until the investigation is complete to consult an attorney.

What to Expect After Filing

After you file a charge with CRED, the agency will notify the employer and typically offer mediation as an early resolution option. If mediation does not resolve the matter, CRED will investigate, which may involve document requests and witness interviews. If CRED finds reasonable cause to believe discrimination occurred, it will attempt to conciliate (negotiate a settlement). If that fails, the matter may proceed to a hearing or civil court.

If CRED closes the case without finding cause, or if you choose to pursue the matter independently, you can request a right-to-sue letter and bring a private lawsuit in Tennessee court.

For related topics, see Wrongful Termination in Tennessee and the Tennessee Employment Law hub.

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Frequently asked questions

How many employees must a company have for THRA to apply?
The THRA covers employers with 8 or more employees — lower than the federal Title VII threshold of 15 employees. This means smaller Tennessee employers are covered by state law even if federal law doesn't apply.
Where do I file a discrimination charge in Tennessee after 2025?
As of July 1, 2025, the Tennessee Human Rights Commission was dissolved. File with the new Division of Civil Rights Enforcement (CRED) within the Tennessee Attorney General's Office. You must file within 180 days of the discriminatory act. Filing with CRED also preserves your federal rights through the EEOC's worksharing arrangement.
What is the deadline to file a discrimination charge in Tennessee?
You must file a THRA charge with CRED within 180 days of the last discriminatory act. The EEOC deadline is 300 days. Missing the 180-day state deadline may bar your state THRA claim even if your federal claim survives.

Sources

Related guides

  • At-Will Employment in Tennessee Tennessee's at-will employment doctrine means an employer can fire an employee for virtually any reason, or no reason at all, without legal liability. But several exceptions exist: discrimination based on protected characteristics, retaliation for filing a workers' comp claim, and the Tennessee Public Protection Act (T.C.A. § 50-1-304).
  • Non-Compete Agreements in Tennessee Tennessee enacted a major non-compete reform in 2026 (HB 1034, signed May 7, 2026, effective July 1, 2026): employers are prohibited from requiring or enforcing non-competes against employees earning less than $70,000 per year. For covered employees and independent contractors, non-competes of 2 years or less are presumed reasonable.
  • Wages and Final Paycheck in Tennessee Tennessee has no state minimum wage law (defaulting to federal $7.25/hour under T.C.A. § 50-2-114) and no state overtime law (federal FLSA governs). Tennessee's Wage Regulations Act (T.C.A. § 50-2-103) requires final paychecks no later than the later of the next regular payday or 21 days after separation.
  • Workplace Safety and TOSHA in Tennessee TOSHA (Tennessee Occupational Safety and Health Act, T.C.A. § 50-3-101 et seq.) is Tennessee's federally approved state workplace safety plan. It covers both private sector employers and all public sector employers — a broader reach than federal OSHA, which does not cover state and local government workers.
  • Wrongful Termination in Tennessee In Tennessee, a termination is 'wrongful' only if it violates a statute, a clear public policy, or an enforceable contract — not just because it felt unfair. The main bases for a claim are: illegal discrimination under the THRA, retaliation for a workers' comp claim, or a violation of the Tennessee Public Protection Act (T.C.A. § 50-1-304).

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