Mississippi Application Forms laws & HR compliance analysis

Mississippi Application Forms: What you need to know

Although Mississippi does not have a law for private employers that regulates the types of questions that may be asked on application forms, employers with 15 or more employees are covered by federal fair employment laws that do affect an employer's use of application forms.
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.
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State law specifically prohibits discrimination in state employment based on political affiliation, race, national origin, sex, religious creed, age, or disability (MS Code Sec. 25-9-103). A separate disability law also covers state and local government, public schools, and other state-funded employment (MS Code Sec. 43-6-15). Employers will likely violate these provisions if application forms ask for information about any of these characteristics, unless the inquiry is job-related.
A state law prohibits all public and private employers from requiring an applicant or employee, as a condition of employment, to abstain from smoking or using tobacco products during nonworking hours, provided that the individual complies with applicable laws or policies regulating smoking on the premises of the employer during working hours (MS Code Sec. 71-7-33).

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