Discrimination - Other - Mississippi

Summary of differences between federal and state regulations

The federally protected classes in employment discrimination include race, color, religion, national origin, age (40 and over), sex (including pregnancy, sexual orientation, and gender identity), disability, and genetic information.

Mississippi does not regulate private sector employment discrimination at the state level.

Mississippi unlawful discrimination laws apply only to employees in state service. “State service” means all employees of state departments, agencies and institutions, except those officers and employees expressly excluded by Chapter 9. Statewide Personnel System (Miss. Code Ann. §§ 25-9-1 — 25-9-401).

No person seeking employment in state service or employed in state service, as defined in Miss. Code Ann. § 25-9-107(b), may be discriminated against based on the following protected classes:

• Race
• Color
• Religion
• Sex
• National origin
• Age
• Handicap

As a result of this protection being limited to state employees, most private sector employment discrimination claims are pursued through the federal system, which involves filing a charge with the U.S. Equal Employment Opportunity Commission (EEOC) and then potentially bringing a claim under Title VII, The Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), or similar law. There is no designated state enforcement agency for employment discrimination in Mississippi.

However, Mississippi does prohibit private and public employers from establishing a policy that prohibits the use of tobacco during nonworking hours. The employer may regulate the use of tobacco on company premises during working hours.

State

Related information

Protected classes ezExplanation

Contacts

None.

Regulations

Miss. Code Ann. § 25-9-149 Public officers and employees; Statewide personnel system; Personnel administration system; Discriminatory practices prohibited

Miss. Code Ann. § 25-9-107 Public officers and employees; Statewide personnel system; Personnel administration system; Definitions

Miss. Code Ann. §71-7-33 Requirement of abstention from use of tobacco products during nonworking hours as condition of employment prohibited.

Federal

Contact

Equal Employment Opportunity Commission (EEOC)

Regulations

See applicable discrimination topic.