§ 50-10-102. Chapter Definitions
As used in this chapter: “Commissioner” means the commissioner of labor and workforce development; “Employer” means a person employing fifteen (15) or more employees; “Reasonable accommodation” may include: Making existing facilities used by employees readily accessible and usable; Providing more frequent, longer, or flexible breaks; Providing a private place, other than a bathroom stall, for […]
§ 50-10-103. Reasonable Accommodations for Pregnant Workers — Medical Certification
An employer is not required to do the following unless the employer does or would do so for another employee or a class of employees that need a reasonable accommodation: Hire new employees that the employer would not have otherwise hired; Discharge an employee, transfer another employee with more seniority, or promote another employee who […]
§ 50-10-104. Enforcement — Rules — Civil Action
The commissioner shall enforce this chapter and may promulgate rules necessary to effectuate this chapter in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Any person adversely affected by an act in violation of this chapter may bring a civil action in the chancery court or circuit court in the […]
§ 50-9-112. Temporary Employment Agencies Exempt From Drug-Free Workplace Requirements
A temporary employment agency shall not be required by rule, regulation or policy of the department of labor and workforce development to implement a drug-free workplace pursuant to this chapter.
§ 50-9-113. State and Local Government Construction Contracts
Each employer with five (5) or more employees receiving pay who contracts with the state or any local government to provide construction services or who is awarded a contract to provide construction services or who provides construction services to the state or local government shall submit an affidavit stating that the employer has a drug-free […]
§ 50-9-114. Information to Be Included Within Bid or Procurement Specifications for Construction Services — Contesting a Contract
The state or any local government, including departments, divisions, or agencies thereof, shall include within any bid or procurement specifications for construction services the following information: A statement as to whether the governmental entity issuing a construction service bid or other procurement specification operates a drug-free workplace program as certified under this chapter or operates […]
§ 50-9-115. Report of Healthcare Practitioner Who Tests Positive for Any Drug or Refuses to Submit to Drug Test
Notwithstanding this chapter, a covered employer who has employees who are healthcare practitioners for the purposes of § 63-1-126 shall report a healthcare practitioner who tests positive for any drug on any government or private sector preemployment or employer-ordered confirmed drug test, or who refuses to submit to a drug test, to the department of […]
§ 50-9-116. Consideration of Prescriptions Issued Within Six Months Prior to Positive Confirmed Drug Result
As used in this section: “Issued” means the date that the licensed physician physically wrote or electronically transmitted the prescription to the pharmacy; and “Valid prescription” means a prescription that is written or electronically sent by a licensed practitioner for the individual subject to a drug test pursuant to this chapter and filled in a […]
§ 50-10-101. Short Title
This chapter shall be known and may be cited as the “Tennessee Pregnant Workers Fairness Act.”
§ 50-9-108. Drug or Alcohol Use Not a Disability — Drug or Alcohol Use “Cause” for Firing or Failure to Hire — Miscellaneous Provisions
An employee or job applicant whose drug or alcohol test result is confirmed as positive in accordance with this section shall not, by virtue of the result alone, be deemed to have a disability as defined under federal, state or local disability discrimination laws. A covered employer who discharges or disciplines an employee or refuses […]