Mississippi Background Checks laws & HR compliance analysis

Mississippi Background Checks: What you need to know

There are a number of ways for employers to gather information on the background of an applicant for employment. Employers may simply call an applicant's former employer to confirm the applicant's dates of employment and title and to try to obtain a more detailed reference from a supervisor. However, more and more frequently, employers are hiring third parties to conduct background checks on applicants who have been offered employment. In addition, depending on the nature of the position, employers are requesting reports about an applicant's driving record, criminal record, and/or credit history. There are often legal limits on employers obtaining and using this type of information. When employers hire a third party to conduct a background check or obtain reports from outside agencies, such reports are subject to the federal Fair Credit Reporting Act (FCRA) and state laws. In Mississippi, employers must comply with laws concerning consumer reports, criminal background checks, and driver's record information.
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When conducting criminal background checks, employers should be aware that the federal Equal Employment Opportunity Commission (EEOC) takes the position that it is a violation of Title VII of the federal Civil Rights Act to base an employment decision solely on an applicant’s arrest record. Moreover, according to the EEOC, employers may rely on a record of a criminal conviction only if it is related to the job.
Ban the box. While there is no statewide ban the box law, Columbia, Kansas City, and St. Louis have enacted ordinances that limit an employer’s ability to inquire into an applicant’s or employee’s criminal history until after a conditional offer of ...

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