Tennessee constitutionalizes its 'right-to-work' status

During the midterm elections in early November, Tennesseans voted to amend the Tennessee Constitution to make it unconstitutional to deny employment to individuals based on their union membership status. This amendment doesn’t change the long-standing “right-to-work” law in Tennessee or require employers to make new policies. Rather, it provides constitutional protection to the state’s “right-to-work” status, making it harder to change in the future.

Midterm elections

In the November 8, 2022, midterm elections, Tennesseans voted on four amendments to the Tennessee Constitution. The first amendment on the ballot asked voters whether they desired to amend Article XI of the constitution to add the following language:

It is unlawful for any person, corporation, association, or this state or its political subdivisions to deny or attempt to deny employment to any person by reason of the person’s membership in, affiliation with, resignation from, or refusal to join or affiliate with any labor union or employee organization.

This amendment passed by a wide margin, with almost 70% of Tennessee voters voting “yes” in favor of adding this language. The change has left some employers asking what it means for them and what they need to do differently. The short and simple answer is that nothing has changed.

What was the law prior to the amendment?

Under federal law, employees have the right to unionize, and employers can’t deny employment or fire employees for their membership in or affiliation with a union.