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e-Li: Electronic Library

Public Safety Employment Records

Under Tennessee law, public safety employers that require mental health evaluations as a condition of employment must grant workers and job applicants reasonable access to their full employment records, including all psychiatric screening results and evaluator reports. Tenn. Code Ann. § 50-1-316(a)–(b). If an applicant is denied a job due to an evaluation's findings, the employer must provide access to those records and permit the applicant to obtain and submit an alternative, equivalent evaluation from a qualified mental health professional at their own expense, which the employer may then use to reevaluate the applicant. Tenn. Code Ann. § 50-1-316(c). All shared records remain confidential in accordance with title 10, chapter 7, part 5 of the Tennessee Code Annotated, and employees denied access to their records may file a claim for declaratory or injunctive relief, with courts being required to award reasonable attorney fees and court costs to any prevailing employee. Tenn. Code Ann. § 50-1-316(d) –(e).