Federal & State Regulations | Discrimination - Other - Missouri

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.

The Missouri unlawful discrimination law identifies the following protected classes for purposes of employment discrimination:

Race,
Color,
Religion,
National origin,
Sex,
Ancestry,
Age (40-69),
Disability (includes physical or mental impairment which substantially limits one or more of a person’s major life activities; does not include current, illegal use of or addiction to a controlled substance),
Pregnancy (not covered by statute, but the Missouri Commission on Human Rights (MCHR) treats it as discrimination based on sex),
Sexual orientation/Gender identity (not covered by state statute, but it may be protected under Missouri Supreme Court decisions), and
Familial status (protected only as it relates to housing, not employment).

The law applies to employers with six or more employees.

Illegal practices in Missouri also include:

Harassment based on race, color, religion, national origin, ancestry, sex, disability, or age.
Retaliating against an individual for filing a complaint of discrimination, participating in an investigation or hearing, or opposing discriminatory practices.
Denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability.
Asking certain pre-employment questions.
Discrimination based on an employees use of alcohol or tobacco while off duty.

The Missouri Human Rights Act does not offer protection based on sexual orientation. However, the cities of St. Louis, Kansas City, and Columbia protect against sexual orientation discrimination.

Alcohol or tobacco use while not on duty

It shall be an improper employment practice for an employer to refuse to hire, or to discharge, any individual, or to otherwise disadvantage any individual, with respect to compensation, terms or conditions of employment because the individual uses lawful alcohol or tobacco products off the premises of the employer during hours such individual is not working for the employer, unless such use interferes with the duties and performance of the employee, the employee's coworkers, or the overall operation of the employer's business; except that, nothing in this section shall prohibit an employer from providing or contracting for health insurance benefits at a reduced premium rate or at a reduced deductible level for employees who do not smoke or use tobacco products. Religious organizations and church-operated institutions, and not-for-profit organizations whose principal business is health care promotion shall be exempt from the provisions of this section.