Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 110 - Mississippi State Employee Handbook › Chapter 4 - SELECTION › Sec2 27-110-4.13 - EMPLOYMENT AUTHORIZATION

Current through June 25, 2024
A.
Employment Requirements Under the Immigration Reform and Control Act of 1986
				(IRCA)
Under the Immigration Reform and Control Act of 1986, Public
				  Law No. 99-603, November 6, 1986 (IRCA), it is unlawful for an employer in the
				  United States to hire an alien or to continue employing an alien, knowing the
				  alien is an unauthorized alien. It is also unlawful for an employer to employ
				  any individual without complying with certain provisions for verification of
				  both identity and eligibility for employment. To comply with IRCA, state agency
				  employers must examine certain documents, after an individual has been hired
				  (the term "hire" under IRCA means the actual commencement of employment for
				  wages or other remuneration), and attest on a form called the Form I-9, that
				  the documents provided by the employee have been examined and that they
				  establish both the employee's identity and eligibility for employment. The
				  employer must then retain the Form I-9, which is subject to inspection by both
				  the U.S. Immigration and Naturalization Service (INS) and the U.S. Department
				  of Labor (DOL).
IRCA also prohibits discrimination against applicants and
				  employees because of national origin or citizenship status in matters involving
				  hiring, recruitment, job referrals where a fee is involved, and discharges.
				  However, persons lacking lawful status are not protected.
For detailed instructions on completing the Form I-9, refer
				  to the Handbook for Employers published by the INS, which can be found at
http://www.uscis.gov/files/form/m-274.pdf
.
				  All state agency employers must adhere to IRCA and the rules and regulations
				  pertaining thereto.
B.
Employment Requirements pursuant to Mississippi Code Annotated §
										71-11-3
Effective July 1, 2008, state agencies under the purview of
				  MSPB shall verify the employment authorization for any person or entity that is
				  hired to perform work within the State of Mississippi and to whom a United
				  States Internal Revenue Service Form W-2 or Form 1099 must be issued and any
				  person or company that provides workers for another company, including but is
				  not limited to leasing companies and contract employers.
Verification of employment authorization must be conducted in
				  accordance with the Federal E-Verify Program and it shall be the responsibility
				  of the employing agency to verify employment authorization and to maintain
				  records of employment verification as required by state and federal
				  laws.
C.
Hiring
				Prohibition
State agencies "shall not employ or continue to employ a
				  person who has been convicted or pled guilty in any court of this state,
				  another state, or in federal court of any felony in which public funds were
				  unlawfully taken, obtained or misappropriated in the abuse or misuse of the
				  person's office or employment or money coming into the person's hands by virtue
				  of the person's office or employment."
Mississippi
				  Code Annotated §
										25-1-113(2).
Mississippi
				  Code Annotated §§
										25-9-103,
				  -119.