Mississippi Employment Screening Overview
Mississippi is generally employer-friendly for background screening, with no statewide ban-the-box law, no salary history ban (except for City of Jackson municipal jobs), and no restrictions on employment credit checks.
However, all employers must use E-Verify for new hires under state law, and voluntary drug testing programs must follow specific state procedures. Federal requirements and local ordinances may still apply.
What's Permitted
- Statewide E-Verify enrollment required for all employers verifying new hires
- Drug and alcohol testing permitted under voluntary statutory framework with written notice
- Credit checks generally allowed without state-specific restrictions beyond federal law
- Salary history inquiries permitted statewide except for City of Jackson municipal jobs
What's Prohibited
- Failing to use E-Verify for all new hires statewide
- Discharging U.S. citizens while knowingly retaining unauthorized workers in similar roles
- Using vague terms like "moral turpitude" in occupational licensing decisions
- Asking salary history for City of Jackson municipal positions
Ban the Box Laws
NoStatus Summary
Mississippi: No statewide Ban the Box; local ordinances preempted (2014). HB 34 (2025) died. Federal Fair Chance Act governs federal agencies/contractors. Employers must heed EEOC guidance on criminal records. HB 34 Fair Chance Act EEOC
Key Requirements
Fair Chance to Compete for Jobs Act (federal)
Applies to federal contractors and agencies nationwide:
- Delay criminal-history inquiries until after offer.
- Applies to federal contractors and agencies.
- DOL enforces compliance and penalties.
- Appeal and warning procedures exist.
Source: https://www.gsa.gov/about-us/find-apply-for-and-la...
Mississippi SB 2689 (2014) — local preemption
Preempts local Ban the Box ordinances statewide:
- Prohibits cities/counties from regulating criminal-history.
- Prevents municipal Ban the Box laws.
- Creates uniform statewide employer rules.
- Enacted in 2014, still effective.
Source: https://www.legislature.ms.gov/media/1352/senate_s...
House Bill 34 (2025) — failed proposal
Proposed public-employer Ban the Box; died in committee:
- Would have delayed inquiries until after interview.
- Limited application to public employers only.
- Included individualized assessment criteria for convictions.
- Died in committee February 4, 2025.
Source: https://billstatus.ls.state.ms.us/documents/2025/p...
Ban the Box Best Practices for Mississippi Employers
- Recognize no statewide Ban the Box; local ordinances preempted
- Comply with Fair Chance Act for federal contractors
- Delay criminal-history checks until after conditional offer
- Follow FCRA: notice, authorization, adverse-action procedures
- Assess convictions individually, considering job relevance and rehabilitation
Salary History Ban
NoMississippi Equal Pay for Equal Work Act (Section 71-17-5)
State equal-pay statute; salary history permitted as factor:
- Applies employers with five+ employees.
- Prohibits unequal pay based on sex.
- Permits pay differentials for non‑sex factors.
- Salary history considered legitimate factor.
House Bill 716 (2025)
Proposed amendment to restrict wage history use:
- Would ban asking salary history.
- Would define "wage history" broadly.
- Effective July 1, 2025 (proposed).
- Died in committee Feb 4, 2025.
Source: https://billstatus.ls.state.ms.us/documents/2025/p...
City of Jackson Ordinance (effective June 13, 2019)
Local ordinance banning salary-history questions for municipal jobs:
- Effective June 13, 2019.
- Applies only to city agencies.
- Prohibits salary history on applications.
- Does not bind private employers.
Source: https://www.jacksonms.gov/documents/compensation-a...
Federal Equal Pay Act / EEOC guidance
Federal anti-discrimination statutes and enforcement guidance:
- Applies employers with 15+ employees.
- Prohibits sex-based pay discrimination.
- Enforced via EEOC investigations and suits.
- May scrutinize salary history practices.
Source: https://www.eeoc.gov/prohibited-employment-policie...
Salary History Best Practices for Mississippi Employers
- No statewide salary-history ban as of January 2026.
- City of Jackson ordinance bans city agencies' salary-history inquiries.
- Private Mississippi employers may request and rely on wage history.
- Comply with federal Equal Pay and Title VII anti-discrimination laws.
- Verify local and out-of-state salary-ban requirements before hiring.
Consumer Credit Checks
NoMississippi has no state law restricting employer credit checks; federal FCRA (15 U.S.C. §1681 et seq.) and Title VII govern. CFPB's Oct 28, 2025 rule broadened FCRA preemption. Comply with FCRA notice/consent/adverse-action requirements. https://www.federalregister.gov/documents/2025/10/...
Key Requirements
Fair Credit Reporting Act (FCRA)
Federal baseline governing employment credit checks:
- Written disclosure required before obtaining report
- Prior written authorization from applicant or employee
- Adverse-action notice before final decision
- Employer certification to consumer reporting agency required
- Civil liability for negligent or willful violations
Title VII, Civil Rights Act
Federal anti-discrimination constraints on screening decisions:
- Prohibits discrimination based on protected classes
- Disparate-impact claims possible from credit use
- Assess job-relatedness before adverse actions
- EEOC scrutiny of credit-based screening practices
- Avoid broad credit checks without justification
CFPB Preemption Rule (Oct 28, 2025)
Federal interpretive rule changing FCRA preemption:
- Clarifies broad FCRA preemption of states
- Limits states' ability to enact restrictions
- Replaced prior, narrower preemption position
- Significant post-2025 regulatory change for states
Mississippi state law status
State-level position regarding employment credit checks:
- No state-specific restrictions enacted
- Employers governed by federal baseline only
- No statewide ban-the-box law enacted
- No state enforcement mechanisms for credit checks
- Legislature monitoring screening practices, no action
Mississippi Code Title 75 (Consumer reporting agencies)
State rules governing consumer reporting agencies:
- Regulates accuracy and information handling
- Focuses on agencies, not employer use
- Security-freeze exceptions for certain reports
- Does not restrict employment credit report usage
Mississippi State Personnel Board Policy
State public employment screening and fairness standards:
- Hiring based on merit, skills, knowledge
- Prohibits unlawful discrimination in selections
- Does not expressly ban credit checks
- Requires compliance with applicable federal law
Credit Check Best Practices for Mississippi Employers
- Comply with FCRA notice, written authorization, and adverse action procedures
- Limit credit checks to job-related, financial-responsibility positions
- Conduct checks only after conditional job offer when feasible
- Document business justification and consistency to reduce discrimination risk
- Assess and mitigate disparate impact; follow EEOC guidance
Marijuana Protection
Medicinal Marijuana
Employers may test for marijuana and may refuse hire or discipline employees who test positive despite a medical cannabis prescription; Mississippi law does not require workplace accommodation for medical marijuana.
Recreational Marijuana
Recreational marijuana is illegal in Mississippi; there are no statutory workplace protections for recreational users, and employers may discipline or refuse employment for positive marijuana tests.
Drug Testing Regulations
Mississippi (Miss. Code Title 71, Ch. 7; 15 Miss. Admin. Code Pt. 16, Ch. 53) permits voluntary employer drug/alcohol testing with mandatory written policies, certified labs, MRO review, chain-of-custody; public-employee random testing limited; federal rules preempt; civil remedies exist for violations.
Permitted Testing Types
Pre-Employment
Allowed when employer adopts testing program and complies with statute.
Random Testing
Allowed for designated employees; public sector limited to safety roles.
Reasonable Suspicion
Allowed based on objective, articulable facts if statutory procedures followed.
Post Accident
Allowed for work injuries; positive tests create causation presumption.
Workers' Compensation Discount
Compliant drug-free workplace programs can earn a 5% workers' compensation insurance premium reduction.
Qualification requires written policies, authorized testing, employee assistance, education, and documentation per Mississippi statute.
Best Practices
- Provide written policy with 30‑day employee notice
- Use state/federally certified labs; require MRO result review
- Maintain strict chain‑of‑custody; use trained collectors
- Require urine for drug tests; blood for alcohol confirmations
- Ensure confidentiality; offer medication disclosure and contest procedures
Clean Slate Laws
NoMississippi lacks an automatic Clean Slate law; expungement remains petition‑based under Miss. Code §99‑19‑71. 2024–25 Clean Slate bills (HB1300, SB2610, HB1117) failed to enact.
HB1300: https://billstatus.ls.state.ms.us/documents/2024/h...
SB2610: https://billstatus.ls.state.ms.us/documents/2024/h...
HB1117: https://billstatus.ls.state.ms.us/documents/2025/h...
E-Verify Requirements
Mandatory for AllWho Must Use E-Verify
Private Employers [Mississippi Employment Protection Act (Miss. Code § 71-11-3)]
All private employers in Mississippi must register with and use E-Verify to verify newly hired employees. See: https://mdes.ms.gov/employers/mdes-employer-servic... and https://mdes.ms.gov/media/332119/mdes_lawsandregul...
Federal Contractors [Mississippi Employment Protection Act (Miss. Code § 71-11-3)]
All contractors and subcontractors on public/state contracts must register and participate in E-Verify to verify newly hired employees for those contracts. See: https://mdot.ms.gov/documents/Consultant%20Service... and https://mdes.ms.gov/media/332119/mdes_lawsandregul...
Any other relevant groups [Mississippi Employment Protection Act (Miss. Code § 71-11-3); Federal I-9/E-Verify requirements]
Third-party employers and state agencies must register and use E-Verify; MDES-referred hires are pre-verified by MDES; private homeowners hiring noncommercial domestic workers are exempt unless federal law requires otherwise. See: https://mdes.ms.gov/media/332119/mdes_lawsandregul... and https://mdes.ms.gov/employers/mdes-employer-servic...
Background Check Regulations
Federal consumer‑report rules (FCRA) govern employment background checks; Mississippi adds state record‑access procedures and limited statutes but has no broad statewide "ban‑the‑box"—employers must comply with federal requirements plus any applicable Mississippi laws or agency rules.
FCRA Compliance Process
Disclosure & Authorization
Provide clear, standalone written disclosure that a background check will be conducted. Obtain separate written authorization from the applicant before ordering the report.
Obtain Background Report
Order the background check from a Consumer Reporting Agency (CRA). Ensure the CRA is FCRA-compliant and provides accurate, up-to-date information.
Pre-Adverse Action Notice
If considering denying employment based on the report, provide the applicant with:
- Copy of the background report
- Copy of "A Summary of Your Rights Under the FCRA"
- Reasonable time to respond (typically 5 business days)
Adverse Action Notice
If final decision is made to deny employment, provide written notice including:
- Name, address, and phone number of the CRA
- Statement that the CRA did not make the decision
- Notice of right to dispute report accuracy
- Notice of right to request additional free copy within 60 days