Mississippi Pre-Employment Inquiries (Interviewing) laws & HR compliance analysis

Mississippi Pre-Employment Inquiries (Interviewing): What you need to know

Private employers. Some states have comprehensive fair employment laws that regulate the types of questions that applicants may be asked, but Mississippi does not have such a law for private employers. However, many Mississippi employers are covered by federal fair employment laws that do affect how an employer handles preemployment inquiries.
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Public employers. State law specifically prohibits discrimination in state employment on the basis of political affiliation, race, national origin, sex, religious creed, age, or disability (MS Code Sec. 25-9-103).
Off-duty use of tobacco products. An employer is prohibited from requiring applicants and employees, as a condition of employment, to abstain from using tobacco products during nonworking hours (MS Code Sec. 71-7-33). An employer may require employees to comply with its policies regarding use of tobacco products while at work. The law covers all public and private employers.
The Mississippi Court of Appeals held that employees who are injured while performing preemployment job-function tests may be eligible for workers’ compensation benefits (Averitt Express, Inc. v. Collins, 172 So.3d 1252 (Miss. Ct. App. 2015)). Employers conducting preemployment testing must ensure that the testing and simulation of work are conducted accurately and safely. This includes ensuring that the prospective employee receives clear instructions about safety protocols.
Mississippi has a law that authorizes employers to voluntarily elect to use alcohol and drug testing for applicants and employees. If an employer elects to conduct testing, it must comply with all the law's provisions. The law requires employers to have a written ...

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