Mississippi Selection and Testing laws & HR compliance analysis

Mississippi Selection and Testing: What you need to know

Mississippi does not have a comprehensive fair employment law regulating recruitment, testing, or other selection procedures. Employers are, however, subject to federal fair employment laws governing employment selection and testing methods.
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Public employers. State employers are prohibited from discrimination based on race, color, religion, sex, national origin, age, or handicap (MS Code Sec. 25-9-149). Discrimination based on political affiliation is also prohibited (MS Code Sec. 25-9-103). A separate disability law prohibits state and local governments, public schools, and other state agencies from discrimination based on a visual, hearing, or other physical handicap, unless the disability materially interferes with job performance (MS Code Sec. 43-6-15).
Employers may generally use any professionally developed aptitude test as long as the test is not designed, used, or intended to discriminate against a protected individual or class of individuals.
Mississippi has a voluntary testing law that regulates alcohol and drug testing of applicants and employees, requires employers that test to have a written policy, and specifies testing procedures. The Employee Drug and Alcohol Testing Act, when implemented, specifically absolves any employer from civil liability that chooses to comply with the provisions (MS Code Sec. 71-7-1et seq.).
Public and private employers may not require that an applicant or employee abstain from smoking during nonworking hours as a condition of employment (MS Code Sec. 71-7-33).
Employers with 15 or more employees are covered by the federal Americans with Disabilities Act ...

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