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Preemployment Screening and Testing: Mississippi

Preemployment Screening and Testing requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Je'Nell Blocher Blum, Dukes, Dukes, Keating & Faneca, P.A.

Summary

  • An employer will be liable for negligent hiring/retention if an employee injures a third party and the employer knew or should have known of the employee's unfitness. See Negligent Hiring.
  • Criminal background checks are required for certain types of employment positions, particularly when they involve the care and/or supervision of children or the elderly. See Mandatory Screenings.
  • An employer may request a criminal records history of a potential employee if the potential employee has provided written consent. See Arrest and Conviction Records.
  • An employer may ask a job applicant if he or she has had a criminal record expunged. See Arrest and Conviction Records.
  • Unauthorized use or disclosure of a prospective employee's criminal history is punishable by fine and/or imprisonment. See Arrest and Conviction Records,
  • Employers in Mississippi shall only hire employees who are citizens of the United States or legal aliens. See E-Verify.
  • Mississippi employers may conduct preemployment drug and alcohol testing, subject to compliance with statutory requirements. See Drug and Alcohol Testing.
  • An employer's implementation of a drug-free workplace program under Mississippi's Drug-Free Workplace Workers' Compensation Premium Reduction Act will entitle the employer to a premium discount. See Drug and Alcohol Testing.