HR Alert

Missouri Amends Employment Nondiscrimination Law

Amended Law Effective August 28, 2017

Missouri has amended its employment nondiscrimination law. Highlights of the amended law are presented below.

Employer Coverage
The amended law clarifies that the term "employer" means (among other entities) a person--including a business--engaged in an industry affecting commerce who has 6 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. The amended law removes the phrase "any person directly acting in the interest of an employer" from the definition of "employer."

Additionally, the term "employer" does not include (among other entities) an individual employed by an employer. Click here (section: 213.010(8)) for more details.

Prohibited Employer Actions
It is generally an unlawful employment practice for (among other things) an employer--because of the race, color, religion, national origin, sex, ancestry, age, or disability of any individual--to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment.

The term "because" (or "because of") means--as it relates to an adverse decision or action--that the protected criterion was the motivating factor. "The motivating factor" means that the employee's protected classification actually played a role in the adverse action or decision and had a determinative influence on the adverse decision or action.

Places of Public Accommodation
It is generally an unlawful discriminatory practice for any person (including a business), directly or indirectly, to refuse, withhold from, or deny any other person--or to attempt to refuse, withhold from, or deny any other person--any of the accommodations, advantages, facilities, services, or privileges made available in any place of public accommodation or to segregate or discriminate against any such person in the use thereof because of race, color, religion, national origin, sex, ancestry, or disability.

Additional details, including information on damages, are contained in the text of the amended law. The amended law is effective August 28, 2017.

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