Tennessee Return to Office Mandate 2026
⚠️Informational only — not legal or tax advice.
Last Updated: January 1, 2026
Applicable Period: 2026 and current employment regulations
Key Characteristic: No state-specific return to office mandate and private sector at-will employment framework in Tennessee
Table of Contents
Introduction
Tennessee does not have a state-specific return to office mandate affecting private sector employers. As of January 1, 2026, no executive order, statute, or state regulation requires private companies to implement return to office policies. Private sector employers in Tennessee operate under the state’s at-will employment framework, subject to anti-discrimination laws, disability accommodation requirements, and contractual obligations.
This guide compiles official information published by the Tennessee Attorney General’s Civil Rights Enforcement Division, Tennessee Department of Labor and Workforce Development, and other government agencies regarding Tennessee’s employment law framework as it relates to workplace location decisions, employee rights, and accommodation processes.
Sources: Tennessee Department of Labor and Workforce Development, Tennessee Attorney General’s Office Civil Rights Enforcement Division, U.S. Equal Employment Opportunity Commission Memphis District Office
Applicable Legal Framework -Tennessee
1.1 At-Will Employment Doctrine
Tennessee recognizes the doctrine of employment at will, which is considered a “bedrock of Tennessee common law.” According to Tennessee Department of Labor and Workforce Development:
“Tennessee is known as an ‘EMPLOYMENT-AT-WILL’ state. Generally, this means that an employer may legally hire, fire, suspend or discipline any employee at any time and for any reason – good or bad – or for no reason at all.”
Source: Tennessee Department of Labor and Workforce Development – Employee Rights
Official text available at: https://www.tn.gov/workforce/employees/labor-laws/labor-laws-redirect/employee-rights.html
There is no statutory codification of at-will employment in Tennessee; rather, it exists as a presumption under Tennessee common law. According to University of Tennessee County Technical Assistance Service:
“Tennessee recognizes the doctrine of employment at will, which allows the employer (and the employee) to terminate the employment relationship at any time, with or without cause.”
Source: UT County Technical Assistance Service – Employment at Will
Published by: University of Tennessee County Technical Assistance Service
Available at: https://www.ctas.tennessee.edu/eli/employment-will
Important exceptions to at-will employment:
Tennessee employees may not be disciplined or discharged at-will for reasons including:
- Being called to military service (Tennessee Code Annotated Title 8-33-101 through 8-33-109)
- Filing workers’ compensation claims
- Refusing to participate in or remain silent about illegal activities (Tennessee Public Protection Act, Tennessee Code Annotated § 50-1-304)
- Discrimination based on race, sex, age, religion, color, national origin, or disability
- Jury service (Tennessee Code Annotated § 22-4-106)
- Voting or registering to vote
- Responding to a subpoena
Source: Tennessee Department of Labor and Workforce Development
Available at: https://www.tn.gov/workforce/employees/labor-laws/labor-laws-redirect/employee-rights.html
1.2 No State-Specific RTO Mandate for Private Employers
As of January 1, 2026, Tennessee has not enacted specific statutes or executive orders governing return to office mandates for private sector employers.
Search conducted: Tennessee Secretary of State – Executive Orders Division
Date: January 1, 2026
Available at: https://sos.tn.gov/publications/services/executive-orders
Governor Bill Lee Executive Orders Review:
A comprehensive review of Governor Bill Lee’s executive orders from 2019 through January 2026 reveals no executive orders mandating private sector return to office requirements. COVID-19 related executive orders from 2020 (Executive Orders 29 and 30) encouraged return to work but did not mandate office presence for private employers.
Executive Order 30 (April 29, 2020) stated:
“Persons are encouraged and permitted to return to work consistent with the provisions of this Order and while following the Health Guidelines to the greatest extent practicable; provided, that all employers and businesses are strongly urged to take steps to the greatest extent practicable to equip, encourage, allow, or require employees to work from home.”
Source: Tennessee Executive Order No. 30
Published by: Office of Governor Bill Lee
Date: April 29, 2020
Available at: https://publications.tnsosfiles.com/pub/execorders/exec-orders-lee30.pdf
This order was part of Tennessee’s COVID-19 emergency response and has since expired. No subsequent executive orders have imposed return to office requirements on private employers.
1.3 State Employee Telework Programs
Tennessee implemented an Alternative Workplace Solutions (AWS) program in 2016 for state employees. According to disability employment policy research:
“Tennessee implemented an Alternative Workplace Solutions (AWS) program in 2016. Six thousand state employees have participated in the program, which has resulted in a 37% reduction in sick leave, a $6.5 million reduction in real-estate rental costs, and an increase of productivity (according to 60% of managers).”
Source: Council of State Governments – Telework Policies
Published by: Council of State Governments Innovations (SEED)
Available at: https://seed.csg.org/telework-policies/
Important: State employee telework programs do not create obligations or requirements for private sector employers. Private employers operate under separate legal frameworks.
1.4 Private Sector Employer Authority
Under Tennessee’s at-will employment framework, private sector employers generally have authority to:
- Establish workplace location requirements
- Implement remote work policies
- Require return to office
- Modify work arrangements
However, employers must comply with:
- Tennessee Human Rights Act (anti-discrimination protections)
- Tennessee Disability Act (accommodation requirements)
- Americans with Disabilities Act (federal)
- Age Discrimination in Employment Act (federal)
- Employment contracts and collective bargaining agreements
- Whistleblower protections under Tennessee Public Protection Act
Competent Government Agencies
2.1 Civil Rights Enforcement Division (Tennessee Attorney General’s Office)
IMPORTANT CHANGE EFFECTIVE JULY 1, 2025:
The Tennessee Human Rights Commission was dissolved by the Tennessee General Assembly on June 30, 2025. As of July 1, 2025, enforcement of Tennessee’s anti-discrimination laws transferred to the Civil Rights Enforcement Division within the Tennessee Attorney General’s Office.
According to Tennessee Attorney General Jonathan Skrmetti:
“The new Civil Rights Enforcement Division marks a fresh start for antidiscrimination enforcement in Tennessee. Our office takes this new responsibility seriously and aims to enforce our laws with excellence, integrity and efficiency.”
Source: Tennessee Attorney General Press Release PR25-38
Published by: Tennessee Attorney General’s Office
Date: July 1, 2025
Available at: https://www.tn.gov/attorneygeneral/news/2025/7/1/pr25-38.html
Civil Rights Enforcement Division Contact Information:
Official Website: https://www.tn.gov/attorneygeneral/cred.html
Mailing Address:
Civil Rights Enforcement Division
Tennessee Attorney General’s Office
P.O. Box 20207
Nashville, TN 37202
Telephone: (615) 741-3491
Email: CRED@ag.tn.gov
Function: The Civil Rights Enforcement Division investigates discrimination complaints in employment, housing, public accommodations, and education. The Division enforces the Tennessee Human Rights Act and Tennessee Disability Act.
Complaint Filing: Complaints may be filed online through the Civil Rights Enforcement Division’s online complaint portal or by requesting a paper form at CRED@ag.tn.gov or (615) 741-5825.
Online Portal: Available at https://www.tn.gov/attorneygeneral/cred.html
Office Hours: Monday – Friday, 8:00 AM – 4:30 PM Central Time
Important Filing Deadline: Discrimination complaints must be filed within 180 days of the discriminatory act under Tennessee law.
Source: Tennessee Attorney General’s Office – Civil Rights Enforcement Division
Available at: https://www.tn.gov/attorneygeneral/cred/cred-faq.html
2.2 Tennessee Department of Labor and Workforce Development
Official Website: https://www.tn.gov/workforce.html
General Telephone: 1-844-224-5818 (toll-free)
Mailing Address:
Tennessee Department of Labor and Workforce Development
220 French Landing Drive
Nashville, TN 37243
Email: tdlwd.publicrecords@tn.gov
Function: The Department administers Tennessee’s workplace regulations including unemployment insurance, workplace safety (TOSHA), workers’ compensation assistance, adult education, and workforce development programs. The Department does not enforce discrimination laws; discrimination complaints should be directed to the Civil Rights Enforcement Division or EEOC.
Office Hours: Monday – Friday, 8:00 AM – 4:30 PM Central Time
Employee Rights Information:
The Department publishes information on employee rights under Tennessee law, including at-will employment, whistleblower protections, and workplace regulations.
Available at: https://www.tn.gov/workforce/employees/labor-laws/labor-laws-redirect/employee-rights.html
Referrals: The Department refers discrimination complaints to the Civil Rights Enforcement Division of the Attorney General’s Office and the U.S. Equal Employment Opportunity Commission.
Source: Tennessee Department of Labor and Workforce Development – Referrals
Available at: https://www.tn.gov/workforce/employees/labor-laws/labor-laws-redirect/referrals.html
2.3 U.S. Equal Employment Opportunity Commission (EEOC)
Tennessee is served by two EEOC offices:
Memphis District Office
Address:
1407 Union Avenue, Suite 621
Memphis, TN 38104
Telephone: 1-800-669-4000 (national toll-free)
Local: (901) 685-4590
TTY: 1-800-669-6820
ASL Video Phone: 1-844-234-5122
Jurisdiction: The Memphis District Office processes charges of discrimination against private, state, and local government employers in Tennessee, Arkansas, and parts of Mississippi.
Official Website: https://www.eeoc.gov/field-office/memphis
Nashville Area Office
Address:
801 Broadway, Suite 1000
Nashville, TN 37203
Telephone: 1-800-669-4000 (national toll-free)
Local: (629) 236-2240
TTY: 1-800-669-6820
Office Hours: Monday – Friday, 8:00 AM – 4:30 PM Central Time (closed Wednesdays for intake appointments)
Online Filing: EEOC Public Portal at https://publicportal.eeoc.gov/
Function: The EEOC investigates charges of employment discrimination under federal laws including Title VII of the Civil Rights Act, Americans with Disabilities Act, Age Discrimination in Employment Act, and Equal Pay Act.
Filing Deadline: 300 days from the discriminatory act in states with Fair Employment Practice Agencies (Tennessee has a worksharing agreement with EEOC through the Civil Rights Enforcement Division)
Official Website: https://www.eeoc.gov/field-office/nashville
Source: U.S. Equal Employment Opportunity Commission – Field Offices
Available at: https://www.eeoc.gov/field-office
2.4 Tennessee Department of Human Resources (State Employees Only)
Function: As of July 1, 2025, the Tennessee Department of Human Resources is responsible for enforcing Title VI of the Civil Rights Act for Tennessee state agencies.
Note: This agency handles state employee matters and Title VI compliance for state agencies receiving federal financial assistance. Private sector employment discrimination matters should be directed to the Civil Rights Enforcement Division or EEOC.
Source: Tennessee Human Rights Commission Dissolution Notice
Available at: https://www.tn.gov/humanrights/404.html
Applicable Statutes - Compilation
3.1 Tennessee Human Rights Act
Law: Tennessee Human Rights Act
Reference: Tennessee Code Annotated § 4-21-101 et seq.
Enacted: 1978 (transformed Tennessee Human Rights Commission from advisory to enforcement agency)
Last Amended: 2025 (transferred enforcement to Attorney General’s Office)
Full Text: Available through Tennessee General Assembly website
Enforcement Agency: Civil Rights Enforcement Division, Tennessee Attorney General’s Office (effective July 1, 2025)
Protected Classes Under Tennessee Human Rights Act (Employment):
- Race
- Creed
- Color
- Religion
- Sex (including pregnancy discrimination)
- Age (40 and older)
- National origin
- Disability (under Tennessee Disability Act)
Employer Coverage: The Tennessee Human Rights Act applies to employers with 8 or more employees within Tennessee.
Source: Tennessee Code Annotated § 4-21-401
Explanation available at: https://www.tn.gov/content/dam/tn/humanrights/UnderstandingTHRC_1-29-2020.pdf
Key Provision – Employment Discrimination:
The Tennessee Human Rights Act makes it illegal for covered employers to “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.”
Source: Tennessee Code Annotated § 4-21-401
Note: The Tennessee Human Rights Act is interpreted consistently with federal civil rights laws, particularly Title VII of the Civil Rights Act of 1964.
3.2 Tennessee Disability Act
Law: Tennessee Disability Act
Reference: Tennessee Code Annotated § 8-50-103
Enforcement Agency: Civil Rights Enforcement Division, Tennessee Attorney General’s Office
Federal Equivalent: Americans with Disabilities Act of 1990
The Tennessee Disability Act prohibits employers from discriminating against job applicants or employees because of physical, mental, or visual disability. The Act mirrors much of the federal Americans with Disabilities Act.
Employer Coverage: Employers with 8 or more employees (Tennessee Disability Act); 15 or more employees (federal ADA)
Source: Tennessee Code Annotated § 8-50-103
Available at: Tennessee General Assembly code search at https://www.capitol.tn.gov/
3.3 Tennessee Public Protection Act (Whistleblower Law)
Law: Tennessee Public Protection Act
Reference: Tennessee Code Annotated § 50-1-304
Purpose: Protect employees from retaliation for reporting illegal activities
Key Provision:
“No employee shall be discharged or terminated solely for refusing to participate in, or for refusing to remain silent about illegal activities.”
Definition of “Illegal Activities”:
“Activities that are in violation of the criminal or civil code of this state or the United States or any regulation intended to protect the public health, safety or welfare.”
Source: Tennessee Code Annotated § 50-1-304
Explanation available at: https://www.tn.gov/workforce/employees/labor-laws/labor-laws-redirect/employee-rights.html
3.4 Tennessee Pregnant Workers Fairness Act
Law: Tennessee Pregnant Workers Fairness Act (TPWFA)
Reference: Tennessee Code Annotated Title 50 (added by Public Chapter 745)
Enacted: June 11, 2020
Effective Date: October 1, 2020
Legislation: Senate Bill 2520 / House Bill 2708
According to the Tennessee General Assembly, the TPWFA requires employers to evaluate accommodation requests for employees with “medical needs arising from pregnancy, childbirth, or related medical conditions.”
Key Provisions (from Tennessee General Assembly):
The legislation:
- Applies to employers with 15 or more employees
- Requires employers to provide reasonable accommodations unless it would impose undue hardship
- Requires medical certification for accommodation requests
- Allows employees to bring action in accordance with the Uniform Administrative Procedures Act
- Authorizes the Commissioner of Labor and Workforce Development to promulgate rules to effectuate the Act
Source: Tennessee General Assembly – SB2520
Public Chapter: 745
Available at: https://wapp.capitol.tn.gov/apps/Billinfo/default.aspx?BillNumber=SB2520&ga=111
3.5 Federal Anti-Discrimination Statutes Applicable in Tennessee
| Law | Reference | Protected Classes | Employer Coverage | Official Source |
|---|---|---|---|---|
| Title VII of the Civil Rights Act of 1964 | 42 U.S.C. § 2000e et seq. | Race, color, religion, sex, national origin | 15+ employees | eeoc.gov |
| Americans with Disabilities Act | 42 U.S.C. § 12101 et seq. | Disability | 15+ employees | ada.gov |
| Age Discrimination in Employment Act | 29 U.S.C. § 621 et seq. | Age 40 and older | 20+ employees | eeoc.gov |
| Pregnancy Discrimination Act | 42 U.S.C. § 2000e(k) | Pregnancy, childbirth | 15+ employees | eeoc.gov |
| Equal Pay Act | 29 U.S.C. § 206(d) | Sex (wage discrimination) | All employers with FLSA coverage | dol.gov |
Available at: https://www.eeoc.gov/laws/guidance
Reasonable Accommodations - Official Framework
4.1 Tennessee Disability Act Requirements
The Tennessee Disability Act mirrors federal ADA requirements for reasonable accommodations. According to Tennessee employment law:
Employer Obligations:
Employers covered by the Tennessee Disability Act (8 or more employees) and the federal ADA (15 or more employees) must provide reasonable accommodations to qualified individuals with disabilities unless doing so would impose an undue hardship.
Definition of Reasonable Accommodation:
Modifications or adjustments to a job, work environment, or the manner in which work is customarily performed that enable a qualified individual with a disability to perform the essential functions of the position.
Reasonable accommodation may include:
- Modifications to work schedules or location (including remote work arrangements)
- Acquisition or modification of equipment or devices
- Appropriate adjustment or modifications of examinations, training materials, or policies
- Provision of qualified readers or interpreters
- Job restructuring
- Reassignment to a vacant position
- Other similar accommodations
Source: Americans with Disabilities Act – Reasonable Accommodation
Published by: U.S. Department of Justice
Available at: https://www.ada.gov/topics/reasonable-accommodations/
4.2 Interactive Process Requirements
While Tennessee law does not specify a formal interactive process statute, both the Tennessee Disability Act and federal ADA require employers to engage in an interactive dialogue with employees requesting accommodations.
EEOC Guidance on Interactive Process:
According to the U.S. Equal Employment Opportunity Commission:
“When an individual with a disability requests a reasonable accommodation and can be accommodated without undue hardship, employers should engage in what the EEOC calls an ‘interactive process’ to determine an effective accommodation.”
Interactive Process Steps (Based on EEOC Guidance):
Step 1: Recognition of Accommodation Request
Employee indicates need for adjustment or change due to medical condition. Request does not need to use specific terminology or be in writing, though employers may require medical documentation.
Step 2: Gather Information
Employer may request medical documentation to verify:
- That employee has a disability under applicable law
- That employee needs accommodation
- Potential accommodation options
Step 3: Explore Accommodation Options
Employer and employee engage in dialogue to identify effective accommodations. Employee’s preference should be given primary consideration, but employer may choose among effective options.
Step 4: Choose and Implement Accommodation
Employer selects reasonable accommodation that is effective and does not impose undue hardship. Implementation should occur promptly.
Step 5: Monitor Effectiveness
After implementation, employer should monitor whether accommodation is effective and make adjustments if needed.
Source: U.S. Equal Employment Opportunity Commission – Reasonable Accommodation and Undue Hardship
Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada
4.3 Remote Work as Reasonable Accommodation
Remote work may be a form of reasonable accommodation under the ADA and Tennessee Disability Act when:
- Employee has a disability under applicable law
- Remote work would enable employee to perform essential job functions
- Remote work does not impose undue hardship on employer
EEOC Guidance:
The EEOC has stated that the COVID-19 pandemic demonstrated many jobs can be performed remotely. Employers who permitted remote work during the pandemic may find it more difficult to demonstrate that remote work poses an undue hardship.
Important: Employers are not automatically required to offer remote work as an accommodation. Each request must be evaluated individually based on:
- Essential functions of the specific position
- Whether essential functions can be performed remotely
- Impact on business operations
- Available technology and resources
- Duration of needed accommodation
Source: U.S. Equal Employment Opportunity Commission – COVID-19 and ADA
Available at: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws
4.4 Accommodation Request Process
For Tennessee State Employees:
Tennessee state agencies may have specific accommodation request forms and procedures. State employees should contact their agency’s HR department or EEO coordinator.
For Private Sector Employees:
Private employers may establish their own accommodation request procedures. However, under ADA and Tennessee Disability Act:
- Accommodation requests do not require specific language
- Requests may be verbal or written
- Employers may require medical documentation
- Process should be interactive and timely
Medical Certification:
Employers may request healthcare provider documentation including:
- Nature of disability
- Functional limitations
- Need for specific accommodation
- Duration of accommodation need
Note: Employers should limit medical inquiries to information necessary to verify disability and accommodation need. Detailed diagnosis is generally not required.
4.5 Pregnancy-Related Accommodations
Under the Tennessee Pregnant Workers Fairness Act (employers with 15+ employees as per Tennessee General Assembly SB2520) and federal Pregnancy Discrimination Act (employers with 15+ employees):
Covered Conditions:
- Pregnancy
- Childbirth
- Related medical conditions
Potential Accommodations:
- Modified work schedule
- Remote work arrangements
- Light duty assignments
- Additional breaks
- Temporary transfer to less strenuous position
- Leave of absence
Source: Tennessee General Assembly – SB2520 (Tennessee Pregnant Workers Fairness Act)
Available at: https://wapp.capitol.tn.gov/apps/Billinfo/default.aspx?BillNumber=SB2520&ga=111
Official Complaint Process
5.1 Civil Rights Enforcement Division (State Agency)
FILING DEADLINE: 180 days from the discriminatory act
Source: Tennessee Human Rights Act (enforced by Civil Rights Enforcement Division)
Available at: https://www.tn.gov/attorneygeneral/cred/cred-faq.html
How to File a Discrimination Complaint:
1. Online Filing (Recommended):
Access the Civil Rights Enforcement Division’s online complaint portal at: https://www.tn.gov/attorneygeneral/cred.html
The online portal allows you to:
- Complete complaint form electronically
- Upload supporting documentation
- Track complaint status
- Receive electronic communications
2. Paper Form Filing:
Request a paper complaint form by:
- Email: CRED@ag.tn.gov
- Phone: (615) 741-5825
Mail completed form with original signature to:
Civil Rights Enforcement Division
Tennessee Attorney General’s Office
P.O. Box 20207
Nashville, TN 37202
3. Telephone Inquiry:
Call (615) 741-3491 for assistance or questions about filing a complaint.
Office Hours: Monday – Friday, 8:00 AM – 4:30 PM Central Time
Official Complaint Process:
According to the Civil Rights Enforcement Division:
Step 1: Complaint Submission
Complaint must be:
- In writing (online or paper form)
- Signed and dated
- Filed within 180 days of discriminatory act
Step 2: Initial Review
Division reviews complaint for completeness and jurisdiction. If deficiencies exist, Division contacts complainant for additional information.
Step 3: Notification to Respondent
Respondent (employer) is notified of complaint and given opportunity to respond.
Step 4: Investigation
Division investigator is assigned to investigate allegations. Investigation may include:
- Review of documents and records
- Interviews with complainant, respondent, and witnesses
- Site visits if necessary
- Requests for additional information
Step 5: Mediation Option
Parties may participate in voluntary mediation at any point during investigation.
Step 6: Determination
Division issues determination of whether probable cause exists to believe discrimination occurred.
Step 7: Conciliation or Litigation
If probable cause found:
- Division attempts to conciliate case
- If conciliation fails, Division may file lawsuit on behalf of complainant and State of Tennessee
Timeline: Investigation period varies based on complexity of case.
Source: Tennessee Attorney General’s Office – Civil Rights Enforcement Division FAQ
Available at: https://www.tn.gov/attorneygeneral/cred/cred-faq.html
Important Notes:
According to the Civil Rights Enforcement Division:
“The Attorney General’s Office does not represent or serve as counsel for individual complainants. Complainants may obtain a private attorney at any time. If you obtain an attorney, you must notify the Civil Rights Enforcement Division immediately so it can contact your attorney about your complaint.”
Private Lawsuit Option:
Under Tennessee law, complainants are not required to file with the Civil Rights Enforcement Division before filing a lawsuit in state court. However, filing a lawsuit will result in administrative closure of any pending investigation.
Source: Civil Rights Enforcement Division FAQ
Available at: https://www.tn.gov/attorneygeneral/cred/cred-faq.html
5.2 U.S. Equal Employment Opportunity Commission (Federal)
FILING DEADLINE: 300 days from the discriminatory act in Tennessee
Worksharing Agreement: Tennessee has a worksharing agreement with the EEOC. Charges filed with either the Civil Rights Enforcement Division or EEOC are automatically cross-filed with the other agency.
How to File with EEOC:
1. Online Through Public Portal (Recommended):
Visit: https://publicportal.eeoc.gov/
The portal allows you to:
- Answer questions about your employment situation
- Determine if EEOC has jurisdiction
- Schedule intake appointment
- Submit initial information electronically
2. By Telephone:
National Toll-Free: 1-800-669-4000
Nashville Office: (629) 236-2240
Memphis Office: (901) 685-4590
TTY (Deaf/Hard of Hearing): 1-800-669-6820
ASL Video Phone: 1-844-234-5122
3. In Person:
Nashville Area Office:
801 Broadway, Suite 1000
Nashville, TN 37203
Memphis District Office:
1407 Union Avenue, Suite 621
Memphis, TN 38104
Office Hours: Monday – Friday, 8:00 AM – 4:30 PM Central Time
Note: Nashville office does not schedule intake appointments on Wednesdays
Official EEOC Process:
Step 1: Intake/Inquiry
Contact EEOC to discuss situation. EEOC representative will ask questions to determine if agency has jurisdiction.
Step 2: Pre-Charge Filing
If EEOC has jurisdiction, you will be scheduled for intake interview to provide detailed information about alleged discrimination.
Step 3: Charge Filing
After intake interview, formal charge of discrimination is filed. Charge includes:
- Your identifying information
- Employer information
- Description of discriminatory acts
- Protected basis (race, sex, age, disability, etc.)
- Dates of alleged discrimination
Step 4: Employer Notification
EEOC notifies employer of charge and provides copy. Employer has opportunity to respond.
Step 5: Investigation
EEOC investigates charge by:
- Reviewing submitted documents
- Requesting information from employer
- Interviewing witnesses
- Conducting site visits if needed
Step 6: Mediation Option
EEOC offers voluntary mediation program. If both parties agree, experienced mediator facilitates settlement discussions.
Step 7: Determination
After investigation, EEOC issues determination:
- Cause Finding: EEOC finds reasonable cause to believe discrimination occurred. EEOC attempts conciliation with employer.
- No Cause Finding: EEOC finds no reasonable cause. Charging party receives Right to Sue notice and may file private lawsuit within 90 days.
Step 8: Conciliation or Litigation
If cause found:
- EEOC attempts to reach settlement with employer
- If conciliation fails, EEOC may file lawsuit (rare) or issue Right to Sue notice
- Charging party may file private lawsuit
Timeline: EEOC investigations typically take 6-10 months but may vary.
Right to Sue Notice:
Charging party may request Right to Sue notice at any time after 180 days from charge filing. This allows private lawsuit even if EEOC investigation is ongoing.
Source: U.S. Equal Employment Opportunity Commission – Filing a Charge
Available at: https://www.eeoc.gov/filing-charge-discrimination
Important: Filing with EEOC is required before filing private lawsuit under Title VII, ADA, and ADEA. Equal Pay Act claims do not require EEOC filing.
Published Official Documents
6.1 Tennessee-Specific Guidance Documents
Alternative Workplace Solutions Program Information (State Employees):
According to the Council of State Governments, Tennessee’s AWS program information demonstrates state commitment to telework flexibility for state employees. This information is educational for understanding state workplace policy evolution but does not create private sector obligations.
Document: Telework Policies – State Approaches
Published by: Council of State Governments (CSG) Innovations
Available at: https://seed.csg.org/telework-policies/
Tennessee Department of Labor and Workforce Development – Employee Rights:
Document: Employee Rights Page
Published by: Tennessee Department of Labor and Workforce Development
Summary: Explains Tennessee’s at-will employment doctrine, exceptions including whistleblower protections, military service protections, and discrimination prohibitions.
Available at: https://www.tn.gov/workforce/employees/labor-laws/labor-laws-redirect/employee-rights.html
Format: HTML
Civil Rights Enforcement Division – Frequently Asked Questions:
Document: CRED FAQ
Published by: Tennessee Attorney General’s Office
Summary: Explains discrimination complaint filing process, deadlines, investigation procedures, and rights of complainants.
Available at: https://www.tn.gov/attorneygeneral/cred/cred-faq.html
Format: HTML
6.2 COVID-19 Related Executive Orders (Historical)
Executive Order No. 29 (April 24, 2020):
Title: “An Order Allowing Tennesseans to Return to Work”
Published by: Office of Governor Bill Lee
Summary: Authorized reopening of restaurants for on-site dining and encouraged return to work while maintaining health guidelines during COVID-19 pandemic. Order has expired.
Available at: https://publications.tnsosfiles.com/pub/execorders/exec-orders-lee29.pdf
Format: PDF
Executive Order No. 30 (April 29, 2020):
Title: “An Order Allowing More Tennesseans to Return to Work Safely”
Published by: Office of Governor Bill Lee
Date: April 29, 2020
Summary: Repealed stay-at-home order and encouraged businesses to allow employees to return to work while following health guidelines. Order encouraged but did not require remote work where practicable. Order has expired.
Available at: https://publications.tnsosfiles.com/pub/execorders/exec-orders-lee30.pdf
Format: PDF
6.3 Federal Guidance Documents
EEOC – Reasonable Accommodation and Undue Hardship:
Document: Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the ADA
Published by: U.S. Equal Employment Opportunity Commission
Summary: Comprehensive guidance on ADA reasonable accommodation requirements, interactive process, types of accommodations, undue hardship analysis.
Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada
Format: HTML
EEOC – COVID-19 and ADA:
Document: What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws
Published by: U.S. Equal Employment Opportunity Commission
Summary: Guidance on accommodation requests, remote work, and disability-related inquiries during and after COVID-19 pandemic.
Available at: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws
Format: HTML
6.4 Tennessee Attorney General Guidance
The Tennessee Attorney General’s Office has issued guidance and taken positions on various employment-related matters, including during the COVID-19 pandemic.
Note: Specific Attorney General opinions on executive orders during the state of emergency primarily addressed the relationship between state executive orders and local government authority during COVID-19. These opinions do not directly address private employer workplace policies.
Source: Tennessee Attorney General’s Office
Available at: https://www.tn.gov/attorneygeneral.html
6.5 Recent Legislative Changes (2025)
House Bill 910 / Senate Bill 861:
Title: Human Rights – Dissolution of Tennessee Human Rights Commission
Enacted: April 16, 2025 (passed Tennessee House and Senate)
Effective Date: June 30, 2025 (THRC dissolution); July 1, 2025 (transfer to Attorney General)
Public Chapter: Public Chapter 471
Summary: According to the Tennessee General Assembly, this legislation “schedules the Tennessee human rights commission for termination on July 1, 2025, and transfers the commission’s duties concerning discrimination in employment, housing, public accommodations, malicious harassment, the Civil Rights Act of 1990, the ‘Tennessee Anti-Slapp Act,’ and education to the attorney general and reporter.”
The legislation also transferred the commission’s responsibility to verify state government compliance with Title VI of the Civil Rights Act of 1964 to the Tennessee Department of Human Resources.
Impact: The legislation established the Civil Rights Enforcement Division in the office of the Attorney General. Complainants who had pending cases with THRC as of June 30, 2025, may need to refile with Civil Rights Enforcement Division or EEOC depending on case type and status.
Source: Tennessee General Assembly – HB910/SB861
Available at: https://wapp.capitol.tn.gov/apps/BillInfo/default.aspx?BillNumber=HB0910
House Bill 324 / Senate Bill 27:
Title: Limits on Executive Orders
Enacted: 2025
Summary: According to Tennessee General Assembly records, this legislation added language specifying that a governor’s executive order, proclamation, or rules may not conflict with or suspend the Tennessee Constitution. The bill became law without the governor’s signature.
Legislative Vote:
- House: Passed 77-16
- Senate: Passed 27-3-2
Source: Tennessee General Assembly – 114th General Assembly
Available at: https://www.capitol.tn.gov/
Absence of Specific RTO Legislation
Legislative Research Results
As of January 1, 2026, comprehensive searches of the Tennessee General Assembly website reveal:
No specific statutes enacted governing return to office mandates for private sector employers.
Search Conducted:
Website: Tennessee General Assembly – https://www.capitol.tn.gov/
Date: January 1, 2026
Search Terms: “return to office,” “remote work mandate,” “telework requirements,” “workplace location”
Result: No relevant legislation identified requiring or regulating private employer return to office decisions.
General Employment Framework Applies:
Private sector employers in Tennessee operate under:
- At-will employment doctrine (Tennessee common law)
- Tennessee Human Rights Act (Tennessee Code Annotated § 4-21-101 et seq.)
- Tennessee Disability Act (Tennessee Code Annotated § 8-50-103)
- Tennessee Public Protection Act – Whistleblower Law (Tennessee Code Annotated § 50-1-304)
- Federal anti-discrimination laws (Title VII, ADA, ADEA, etc.)
- Employment contracts and collective bargaining agreements
Executive Order Review:
A comprehensive review of Governor Bill Lee’s executive orders through January 2026 found no current executive orders mandating private sector return to office requirements.
Source: Tennessee Secretary of State – Executive Orders
Available at: https://sos.tn.gov/publications/services/executive-orders
Resources & Contacts
9.1 State Government Agencies
Civil Rights Enforcement Division – Tennessee Attorney General’s Office
Function: Enforces Tennessee Human Rights Act and Tennessee Disability Act; investigates discrimination complaints in employment, housing, public accommodations, and education
Official Website: https://www.tn.gov/attorneygeneral/cred.html
Telephone: (615) 741-3491
Email: CRED@ag.tn.gov
Mailing Address:
Civil Rights Enforcement Division
Tennessee Attorney General’s Office
P.O. Box 20207
Nashville, TN 37202
Office Hours: Monday – Friday, 8:00 AM – 4:30 PM Central Time
Online Complaint Portal: https://www.tn.gov/attorneygeneral/cred.html
Filing Deadline: 180 days from discriminatory act
Tennessee Department of Labor and Workforce Development
Function: Administers unemployment insurance, workplace safety (TOSHA), workers’ compensation assistance, workforce development programs; provides information on Tennessee employment laws
Official Website: https://www.tn.gov/workforce.html
Telephone: 1-844-224-5818 (toll-free)
Email: tdlwd.publicrecords@tn.gov
Mailing Address:
Tennessee Department of Labor and Workforce Development
220 French Landing Drive
Nashville, TN 37243
Office Hours: Monday – Friday, 8:00 AM – 4:30 PM Central Time
Employee Rights Information: https://www.tn.gov/workforce/employees/labor-laws/labor-laws-redirect/employee-rights.html
Note: Department does not handle discrimination complaints; refers to Civil Rights Enforcement Division and EEOC
Tennessee Department of Human Resources
Function: Manages state employee benefits, policies, and Title VI compliance for state agencies; handles state employee telework programs
Official Website: https://www.tn.gov/hr.html
Note: Handles state employee matters only; private sector employees should contact Civil Rights Enforcement Division or EEOC for discrimination issues
9.2 Federal Agencies
U.S. Equal Employment Opportunity Commission – Memphis District Office
Function: Investigates federal employment discrimination charges for Tennessee, Arkansas, and parts of Mississippi; enforces Title VII, ADA, ADEA, EPA, GINA
Official Website: https://www.eeoc.gov/field-office/memphis
Telephone: 1-800-669-4000 (national) or (901) 685-4590 (local)
TTY: 1-800-669-6820
ASL Video Phone: 1-844-234-5122
Mailing Address:
EEOC Memphis District Office
1407 Union Avenue, Suite 621
Memphis, TN 38104
Office Hours: Monday – Friday, 8:00 AM – 4:30 PM Central Time
Online Filing: https://publicportal.eeoc.gov/
Filing Deadline: 300 days from discriminatory act for Tennessee residents
U.S. Equal Employment Opportunity Commission – Nashville Area Office
Function: Investigates federal employment discrimination charges for Middle Tennessee region
Official Website: https://www.eeoc.gov/field-office/nashville
Telephone: 1-800-669-4000 (national) or (629) 236-2240 (local)
TTY: 1-800-669-6820
Mailing Address:
EEOC Nashville Area Office
801 Broadway, Suite 1000
Nashville, TN 37203
Office Hours: Monday – Friday, 8:00 AM – 4:30 PM Central Time (no intake appointments Wednesdays)
Online Filing: https://publicportal.eeoc.gov/
U.S. Department of Labor – Wage and Hour Division
Function: Enforces federal minimum wage, overtime, FMLA, and other wage/hour laws
Tennessee Offices:
Nashville Office
Telephone: (615) 781-5343
Knoxville Office
Telephone: (865) 545-4619
Memphis Office
Telephone: (901) 544-3418
National Website: https://www.dol.gov/agencies/whd
Toll-Free: 1-866-487-9243
U.S. Department of Justice – ADA Information Line
Function: Provides information about Americans with Disabilities Act; handles ADA complaints against state/local governments
Telephone: 1-800-514-0301
TTY: 1-833-610-1264
Website: https://www.ada.gov
9.3 Key Online Resources
Tennessee General Assembly – Code Search
Purpose: Search Tennessee Code Annotated for current statutes
Website: https://www.capitol.tn.gov/
Search Tools: Advanced code search available by title, chapter, section
Relevant Titles:
- Title 4, Chapter 21: Human Rights
- Title 8: Public Officers and Employees
- Title 50: Workers’ Compensation
Tennessee Secretary of State – Executive Orders
Purpose: Access current and historical executive orders by Tennessee governors
Website: https://sos.tn.gov/publications/services/executive-orders
Governor Bill Lee Executive Orders: https://sos.tn.gov/publications/services/executive-orders-governor-bill-lee
EEOC Technical Assistance
Purpose: Comprehensive guidance on federal employment discrimination laws
Small Business Resource: https://www.eeoc.gov/employers/small-business
Disability Discrimination: https://www.eeoc.gov/disability-discrimination
Reasonable Accommodation: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada
COVID-19 and Workplace Rights: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws
Job Accommodation Network (JAN)
Purpose: Free consulting service providing accommodation solutions
Telephone: 1-800-526-7234
TTY: 1-877-781-9403
Website: https://askjan.org
Tennessee-Specific Information: https://askjan.org/organizations/Tennessee-Civil-Rights.cfm
9.4 Legal Assistance Resources
For Legal Advice (Not Information):
Tennessee Bar Association
Website: https://www.tba.org
Lawyer Referral Service: https://www.tba.org/lawyer-referral-service
Telephone: (615) 383-7421
Function: Connects individuals with licensed Tennessee attorneys for legal representation
Legal Aid Society of Middle Tennessee and the Cumberlands
Website: https://www.las.org
Telephone: (615) 244-6610 or 1-800-238-1443
Coverage: Middle Tennessee, Cumberland Plateau region
Services: Free civil legal services for low-income individuals
Memphis Area Legal Services
Website: https://www.malsi.org
Telephone: (901) 523-8822
Coverage: Shelby County and surrounding West Tennessee counties
Services: Free civil legal services for low-income individuals
Legal Aid of East Tennessee
Website: https://www.laet.org
Telephone: 1-865-637-0484
Coverage: East Tennessee region
Services: Free civil legal services for low-income individuals
Tennessee Alliance for Legal Services
Website: https://www.tals.org
Function: Coordinates legal aid services across Tennessee; provides directory of legal aid organizations
Telephone: (615) 780-2100
Note: Government agencies (Civil Rights Enforcement Division, Department of Labor, EEOC) provide information and enforcement services, not legal advice. For advice about your specific situation, consult a licensed attorney in Tennessee.
Frequently Asked Questions - RTO mandate Tennessee
What is Tennessee’s return to office mandate?
Tennessee does not have a state-specific return to office mandate affecting private sector employers. As of January 2026, no Tennessee statute or executive order requires private companies to implement return to office policies or permits employees to demand remote work arrangements.
Private sector employers operate under Tennessee’s at-will employment framework and generally have authority to establish workplace location requirements, subject to anti-discrimination laws, disability accommodation obligations, and any applicable employment contracts.
Source: Tennessee Department of Labor and Workforce Development
Available at: https://www.tn.gov/workforce/employees/labor-laws/labor-laws-redirect/employee-rights.html
Does Tennessee’s RTO policy apply to private employers?
No. Tennessee has no state-wide return to office mandate applicable to private employers.
Tennessee implemented an Alternative Workplace Solutions (AWS) program for state employees in 2016, which allows eligible state workers to participate in telework arrangements. This program applies only to Tennessee state government employees and does not create requirements or restrictions for private sector employers.
Private employers in Tennessee have discretion to establish their own workplace location policies, subject to applicable employment laws.
Source: Council of State Governments – Telework Policies
Available at: https://seed.csg.org/telework-policies/
Can my employer force me back to the office in Tennessee?
Generally, yes. Tennessee is an at-will employment state, which means employers can modify terms and conditions of employment, including workplace location requirements.
According to the Tennessee Department of Labor and Workforce Development:
“Tennessee is known as an ‘EMPLOYMENT-AT-WILL’ state. Generally, this means that an employer may legally hire, fire, suspend or discipline any employee at any time and for any reason – good or bad – or for no reason at all.”
However, employers cannot:
- Discriminate based on protected characteristics (race, sex, age, religion, disability, national origin)
- Retaliate against employees for engaging in protected activities
- Violate employment contracts or collective bargaining agreements
- Deny reasonable accommodations for qualified disabilities
Exceptions:
- If you have an employment contract specifying remote work, your employer must honor contract terms
- If you have a disability and remote work is a reasonable accommodation, employer must engage in interactive process
- If return to office requirement disproportionately impacts protected class, it may constitute discrimination
Source: Tennessee Department of Labor and Workforce Development
Available at: https://www.tn.gov/workforce/employees/labor-laws/labor-laws-redirect/employee-rights.html
What are my accommodation rights under Tennessee law?
Under the Tennessee Disability Act (employers with 8+ employees) and federal Americans with Disabilities Act (employers with 15+ employees), qualified individuals with disabilities have the right to reasonable accommodations that enable them to perform essential job functions, unless accommodation imposes undue hardship on the employer.
Reasonable accommodations may include:
- Modified work schedules or remote work arrangements
- Assistive technology or equipment modifications
- Job restructuring or reassignment
- Policy modifications
- Additional breaks or leave time
To request an accommodation:
- Inform your employer that you need an adjustment or change due to a medical condition
- Provide medical documentation if requested by employer
- Participate in interactive dialogue with employer to identify effective accommodation
- Employer must provide reasonable accommodation unless it poses undue hardship
Important: Requests for accommodations do not need to use specific language or be in writing, though employers may establish formal procedures.
Source: U.S. Equal Employment Opportunity Commission – Reasonable Accommodation
Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada
How do I file a discrimination complaint in Tennessee?
State Agency (Civil Rights Enforcement Division):
Deadline: 180 days from discriminatory act
Filing Methods:
Online: Visit https://www.tn.gov/attorneygeneral/cred.html and access the online complaint portal
By Mail: Request paper form at CRED@ag.tn.gov or (615) 741-5825, then mail completed form to:
Civil Rights Enforcement Division
Tennessee Attorney General’s Office
P.O. Box 20207
Nashville, TN 37202
By Phone: Call (615) 741-3491 for assistance
Federal Agency (EEOC):
Deadline: 300 days from discriminatory act
Filing Methods:
Online: Visit https://publicportal.eeoc.gov/
By Phone: Call 1-800-669-4000
In Person: Visit Nashville Area Office (801 Broadway, Suite 1000) or Memphis District Office (1407 Union Avenue, Suite 621)
What to Expect:
After filing, the agency will investigate your complaint, notify your employer, and may offer mediation. Investigation typically takes 6-10 months.
Source: Tennessee Attorney General – Civil Rights Enforcement Division FAQ
Available at: https://www.tn.gov/attorneygeneral/cred/cred-faq.html
Can I request remote work as a reasonable accommodation?
Yes, you may request remote work as a reasonable accommodation if you have a disability under the ADA or Tennessee Disability Act. However, employers are not automatically required to grant remote work requests.
Employers must evaluate:
- Whether you have a qualifying disability
- Whether remote work would enable you to perform essential job functions
- Whether remote work poses an undue hardship on business operations
- Whether alternative accommodations are available
Relevant Factors:
- Whether position was performed remotely during COVID-19 pandemic
- Whether essential functions can be performed remotely with current technology
- Impact on team collaboration, supervision, and business operations
- Duration of accommodation needed (temporary vs. indefinite)
EEOC has noted that widespread remote work during COVID-19 demonstrated many jobs can be performed remotely, which may make it more difficult for employers to claim undue hardship for remote work accommodations.
Process:
- Request remote work accommodation from employer
- Provide medical documentation if requested
- Engage in interactive process to discuss feasibility
- If denied, employer should explain why remote work poses undue hardship or is not effective
- Consider alternative accommodations
Important: Each request must be evaluated individually. What constitutes reasonable accommodation varies by position, employer size, and business needs.
Source: U.S. Equal Employment Opportunity Commission – COVID-19 and ADA
Available at: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws
What is the Tennessee Human Rights Act?
The Tennessee Human Rights Act is Tennessee’s primary state anti-discrimination law, enacted in 1978. The Act prohibits discrimination in employment, housing, and public accommodations based on protected characteristics.
Protected Classes (Employment):
- Race
- Creed
- Color
- Religion
- Sex (including pregnancy)
- Age (40 and older)
- National origin
Employer Coverage: 8 or more employees
Enforcement: As of July 1, 2025, the Civil Rights Enforcement Division of the Tennessee Attorney General’s Office enforces the Tennessee Human Rights Act. Previously, enforcement was handled by the Tennessee Human Rights Commission, which was dissolved on June 30, 2025.
Relationship to Federal Law:
The Tennessee Human Rights Act is interpreted consistently with Title VII of the federal Civil Rights Act of 1964. Tennessee courts look to federal precedent when applying the state law.
Remedies Available:
- Back pay
- Front pay
- Compensatory damages
- Attorney’s fees
- Injunctive relief
Filing Deadline: 180 days from discriminatory act to file complaint; 1 year to file lawsuit in state court
Source: Tennessee Attorney General – Civil Rights Enforcement Division
Available at: https://www.tn.gov/attorneygeneral/cred.html
Where do I file an EEOC complaint in Tennessee?
Tennessee has two EEOC offices:
Memphis District Office
1407 Union Avenue, Suite 621
Memphis, TN 38104
Phone: 1-800-669-4000 or (901) 685-4590
Coverage: Tennessee, Arkansas, parts of Mississippi
Nashville Area Office
801 Broadway, Suite 1000
Nashville, TN 37203
Phone: 1-800-669-4000 or (629) 236-2240
Coverage: Middle Tennessee region
Filing Options:
Online (Recommended): Visit https://publicportal.eeoc.gov/ to schedule intake appointment and submit initial information
By Phone: Call 1-800-669-4000 to speak with representative
In Person: Visit either office during business hours (Monday-Friday, 8:00 AM – 4:30 PM, closed Wednesdays for Nashville intake appointments)
TTY (Deaf/Hard of Hearing): 1-800-669-6820
ASL Video Phone: 1-844-234-5122
Deadline: 300 days from discriminatory act for Tennessee residents
Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/field-office
What is at-will employment in Tennessee?
At-will employment is a legal doctrine under Tennessee common law that allows either the employer or employee to terminate the employment relationship at any time, for any reason (or no reason), with or without notice.
According to Tennessee courts, at-will employment is a “bedrock of Tennessee common law.”
What This Means for Employees:
- Employer can change job duties, work location, schedule, or compensation
- Employer can terminate employment without cause or notice
- Employer can require return to office even if previously allowing remote work
- Employee can resign at any time without notice
Important Exceptions – Employers Cannot:
- Discriminate based on protected characteristics (race, sex, age 40+, religion, disability, national origin)
- Retaliate for protected activities (filing workers’ compensation claim, reporting illegal activities, jury duty, military service)
- Violate employment contracts or collective bargaining agreements
- Violate public policy (discharging employee for refusing to commit illegal act)
Overcoming At-Will Presumption:
To overcome at-will presumption, employee must point to:
- Written employment contract specifying term of employment
- Implied contract created by employee handbook (rare in Tennessee)
- Public policy exception (very limited)
Source: Tennessee Department of Labor and Workforce Development
Available at: https://www.tn.gov/workforce/employees/labor-laws/labor-laws-redirect/employee-rights.html
What happened to the Tennessee Human Rights Commission?
The Tennessee Human Rights Commission (THRC) was dissolved by the Tennessee General Assembly on June 30, 2025, after 62 years of operation.
What Changed:
On July 1, 2025, enforcement of the Tennessee Human Rights Act and Tennessee Disability Act transferred to the newly created Civil Rights Enforcement Division within the Tennessee Attorney General’s Office.
Why the Change:
According to supporters of the legislation, the transfer was intended to reduce bureaucratic inefficiencies and make discrimination complaint investigations more efficient.
What Stayed the Same:
- Tennessee Human Rights Act remains in effect
- Tennessee Disability Act remains in effect
- Protected classes remain the same
- Filing deadlines remain the same (180 days)
- Individuals can still file discrimination complaints
- Individuals can still file private lawsuits in state court
Where to File Complaints Now:
Civil Rights Enforcement Division
Tennessee Attorney General’s Office
P.O. Box 20207
Nashville, TN 37202
Phone: (615) 741-3491
Email: CRED@ag.tn.gov
Website: https://www.tn.gov/attorneygeneral/cred.html
What About Pending Cases:
- Employment discrimination cases pending on June 30, 2025: Transferred to EEOC
- Housing discrimination cases: May be handled by HUD; refiling deadline was September 29, 2025
- Public accommodation cases: Refiling deadline was September 29, 2025
Source: Tennessee Attorney General Press Release
Date: July 1, 2025
Available at: https://www.tn.gov/attorneygeneral/news/2025/7/1/pr25-38.html
Does Tennessee have a mini-WARN Act?
Yes. Tennessee has a state plant closing law similar to the federal Worker Adjustment and Retraining Notification (WARN) Act, but with different thresholds.
Tennessee Plant Closing and Reduction in Operations Act:
Reference: Tennessee Code Annotated § 50-1-601 et seq.
Employer Coverage:
- Federal WARN: 100+ employees
- Tennessee: 50-99 employees (applies to employers with at least 50 but fewer than 100 employees)
Notice Trigger:
- Federal WARN: 500 workers at worksite in 30-day period OR 50+ workers if 33%+ of workforce
- Tennessee: 50+ employees affected during any 3-month period
Notice Required: Tennessee employers meeting the threshold must provide advance written notice of plant closings or mass layoffs to affected employees.
Important: Employers with 100+ employees must comply with both federal WARN Act and Tennessee requirements.
Source: Tennessee Code Annotated § 50-1-601 et seq.
Available at: Tennessee General Assembly code search at https://www.capitol.tn.gov/
Can my employer retaliate against me for requesting accommodations?
No. Retaliation for requesting reasonable accommodations is prohibited under both federal and Tennessee law.
Federal Protections:
Under the Americans with Disabilities Act, it is illegal to retaliate against an individual for:
- Requesting reasonable accommodation
- Filing a discrimination charge
- Participating in an investigation
- Opposing discriminatory practices
Tennessee Protections:
The Tennessee Human Rights Act and Tennessee Disability Act provide similar anti-retaliation protections.
Additionally, Tennessee’s whistleblower law (Tennessee Public Protection Act) protects employees from retaliation for reporting illegal activities.
Examples of Prohibited Retaliation:
- Termination or demotion
- Reduction in pay or hours
- Negative performance reviews
- Hostile work environment
- Denial of promotions or benefits
- Increased scrutiny or discipline
What to Do if You Experience Retaliation:
- Document all instances of adverse treatment
- File complaint with Civil Rights Enforcement Division and/or EEOC
- Consult with employment attorney
- Continue to perform job duties professionally
Deadlines:
- Tennessee (CRED): 180 days from retaliatory act
- Federal (EEOC): 300 days from retaliatory act
Source: U.S. Equal Employment Opportunity Commission – Retaliation
Available at: https://www.eeoc.gov/retaliation
Are there industry-specific return to office requirements in Tennessee?
No. Tennessee has not enacted industry-specific return to office mandates.
However, certain industries may have workplace presence requirements based on:
Federal Regulations:
Some federally regulated industries require on-site work for safety, security, or operational reasons (e.g., healthcare, aviation, nuclear facilities)
Licensing Requirements:
Professional licensing boards may have supervision or practice requirements affecting work location
Client/Customer Contracts:
Government contracts or client agreements may specify on-site presence
Operational Necessity:
Essential functions of certain positions inherently require physical presence (e.g., manufacturing, healthcare, retail, food service)
COVID-19 Workplace Safety:
Tennessee Occupational Safety and Health Administration (TOSHA) provides workplace safety guidance but does not mandate specific work arrangements.
Source: Tennessee Department of Labor and Workforce Development
Available at: https://www.tn.gov/workforce.html