§ 50-1-313 — Policy not permitting wearing of employee's hair in braids, locs, twists, or another manner prohibited - Complaints

(a) As used in this section: (1) "Commissioner" means the commissioner of labor and workforce development or the commissioner's designee; (2) "Employee" means an individual who performs services for an employer for valuable consideration, and does not include a self-employed independent contractor; and (3) "Employer" means an individual or entity that employs one (1) or more employees and includes this state and political subdivisions of this state. (b) An employer shall not adopt a policy that does not permit an employee to wear the employee's hair in braids, locs, twists, or another manner that is part of the cultural identification of the employee's ethnic group or that is a physical characteristic of the employee's ethnic group. (c) (1) A policy in violation of subsection (b) is deemed discriminatory and void as against the public policy of this state. A violation of this section does not form the basis for a violation of another provision of law. (2) This section does not create a private cause of action. (d) An employee may file a complaint for a violation of this section with the commissioner. The commissioner shall provide a warning to an employer in violation of this section. (e) This section does not apply to: (1) A public safety employee if it would prevent the employee from performing essential functions of the employee's job requirements during the course of employment; or (2) A policy that an employer must adopt to adhere to common industry safety standards, to maintain reasonable safety measures, or to comply with federal or state laws, rules, or regulations relative to health or safety.

Legislative History

Added by 2022 Tenn. Acts, ch. 1078,s 2, eff. 7/1/2022.