Mississippi Hiring laws & HR compliance analysis

Mississippi Hiring: What you need to know

Discrimination. Although Mississippi does not have a law for private employers that regulates discriminatory hiring practices, employers with 15 or more employees are covered by federal fair employment laws that prohibit employment discrimination.
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 (Miss. Code § 25-9-103 et seq.).
Military status. Employers are prohibited from discriminating against applicants or employees on the basis of military status (Miss. Code § 33-1-15). The law applies to any person, firm, or corporation in the state.
Bankruptcy. 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 based on the applicant's bankruptcy filing (In re Burnett, 635 F.3d 169 (5th Cir. 2011)). In this case, the court examined the language of the law and noted that the provision affecting public employers expressly prohibits them from denying employment to an applicant based on a bankruptcy filing. Because the provision applying to private employers does not contain the same language, the court ruled that private employers may deny employment to a job applicant based on the applicant's bankruptcy status. It is important to note that both public and private ...

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