Mississippi Hiring laws & compensation compliance analysis

Mississippi Hiring: What you need to know

Public employers. State law specifically prohibits hiring practices in state employment that discriminate on the basis of race, religion, sex, national origin, age, disability, or political affiliation. A separate disability law also covers state and local government, public schools, and other state-funded employment (MS Code Sec. 25-9-103 et seq.).
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Smokers' rights. Mississippi law prohibits requiring that any applicant or employee abstain from using tobacco products during nonworking hours as a condition of employment. The law does not prohibit employers from implementing policies on smoking in the workplace. The law covers all employers, regardless of size (MS Code Sec. 71-7-33).
Military status. Employers are prohibited from discriminating against applicants or employees on the basis of military status (MS Code Sec. 33-1-15). The law applies to any person, firm, or corporation in the state.
The Mississippi Employment Protection Act requires employers in the state to use the federal E-Verify system to determine whether newly hired employees are legally authorized to work in the United States. All employers, regardless of size, must comply (MS Code Sec. 71-11-3). Additional information and details are available.
The antidiscrimination provision of the federal Bankruptcy Code prohibits private employers from terminating employment or otherwise discriminating against an employee because the employee has filed for bankruptcy. However, the 5th Circuit Court of Appeals has ruled that an employer may lawfully refuse to hire a prospective employee on the basis of the applicant's bankruptcy filing (In re Burnett, 635 F.3d 169 (5th Cir. 2011)). In this case, the court ...

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