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Tennessee Pay Equity

Statute

  • Wage Regulations on Sex Discrimination, TN Code. § 50-2-201 et seq.
  • Human Rights Act, TN Code Sec. 4-21-401

Classes protected

  • Sex, race, creed, color, religion, age, national origin

Key language on pay discrimination

  • “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.”
  • It is a discriminatory practice for an employer to “[f]ail 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.”

Exceptions for pay disparities (including affirmative defenses)

  • Seniority system
  • Merit system
  • System that measures earnings by quality or quantity of production
  • Any other reasonable differential that is based on a factor other than sex

Anti-retaliation

  • Prohibits retaliation against an employee who invokes or assists in any manner enforcement of this law.

Key Contacts

  • Kathleen McLeod Caminiti
  • Lonnie Giamela
  • Sheila M. Abron
  • Jacklyn Rad 
  • Sarah Wieselthier
  • Monica Snyder Perl

Pay Equity Team

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Related Insights

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