Generally, paying one employee less than another employee of the opposite sex is unlawful. However, nothing in the law prohibits an employer from providing wage differential pay based on a seniority system, a merit system, or a system that measures earnings by quality or quantity of production.
For questions regarding discrimination, harassment, and hostile work environment, you may contact the Tennessee Human Rights Commission at (615) 741-5825 or Equal Employment Opportunity Commission (EEOC) at (615) 736-5820 or (800) 669-4000.
Referrals:
Certain issues are not regulated by the Tennessee Department of Labor and Workforce Development. In instances where the department does not have jurisdiction, referrals are commonly made to the U.S. Department of Labor (USDOL), Tennessee Human Rights Commission, or Equal Employment Opportunity Commission (EEOC).
U.S. Department of Labor (USDOL)
Regulates overtime, 1099 employees, Family Medical Leave Act (FMLA), minimum wage, Interstate Commerce (i.e., crossing state lines trucking), piecework, working hours, Davis-Bacon Act, off the clock hours, waiting to engage, travel/mileage compensation. You may visit https://www.dol.gov/ or contact the individual branches:
Nashville: (615) 781-5343
Knoxville: (865) 545-4619
Memphis: (901) 544-3418
Chattanooga: (423) 752-5124
Tennessee Human Rights Commission
Regulates wrongful termination, harassment, discrimination, hostile work environment. You can contact them at (615) 741-5825
Equal Employment Opportunity Commission (EEOC)
Regulates wrongful termination, harassment, discrimination, hostile work environment. You can contact them at (615) 736-5820 or (800) 669-4000.
Employee Misclassification
The department must share the findings and information from its investigations with divisions within the department. They must also pursue appropriate sanctions against the employer as provided by the law.