['Discrimination']
['Pregnancy Discrimination']
06/11/2024
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Summary of differences between federal and state regulations
Employer defined
A person is an employer subject to the provisions of the Human Rights Act if at the time of the alleged discrimination that person employs six or more persons within the state, whether these persons are temporary, part-time or permanent employees.
A corporation or association must be one hundred percent owned and operated by a religious or sectarian group, and being a member of that religion or sect must be a requirement for employment, for that corporation or association to be exempt as an employer.
Unlawful employment practices
The unlawful employment practices and exemptions are similar to those under the federal Guidelines on Discrimination Because of Sex. The Missouri statutes do not specifically mention pregnancy. However, the state considers discrimination based on pregnancy to be a form of sex discrimination. The state regulations are similar to the Equal Employment Opportunity Commission regulations regarding pregnancy. For example, disabilities caused or contributed to by pregnancy, miscarriage, legal abortion, childbirth and recovery are, for all job-related purposes, temporary disabilities and should be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment.
A charge of discrimination must be filed within 180 days of the alleged practice.
The state Human Rights Act also includes provisions for the formation of local commissions by political subdivisions of the state.
Recordkeeping
Any personnel or employment record made or kept by any employer including, but not necessarily limited to, application forms and other records having to do with hiring, promotion, demotion, transfer, layoff or termination, rates of pay or other terms of compensation and selection for training or apprenticeship must be preserved by the employer for one year from the date of the making of the record or the personnel action involved, whichever occurs later.
Where a complaint of discrimination has been filed, the respondent employer must preserve all personnel records relevant to the complainant until final disposition of the complaint. This would include personnel or employment records relating to the complainant and to all other employees holding positions similar to that held or sought by the complainant, as well as application forms or test papers completed by an unsuccessful applicant or by all other candidates for the same position as that for which the complainant applied and was rejected. The date of final disposition of the complaint means the date which litigation is terminated, with regard to the complaint.
Posting
Every employer or other covered entity must post a commission equal employment poster in a place where other employee notices are posted or in a conspicuous place where employees will have access to it.
Every person subject to the jurisdiction of the commission must post the commission public accommodations poster in all places of business and establishments subject to the Human Rights Act.
State
Contact
Missouri Commission on Human Rights
Regulations
Missouri Human Rights Act, Missouri Revised Statutes Chapter 213
Missouri Code of State Regulations, Title 8, Division 60 - Missouri Commission on Human Rights, Chapter 3 - Guidelines and Interpretations of Employment Anti-Discrimination Laws
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)
29 CFR Parts 1604.10, Employment policies relating to pregnancy and childbirth.
Appendix A to Part 1604, Questions and Answers on the Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)
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