Missouri AIDS and Disease laws & HR compliance analysis

Missouri AIDS and Disease: What you need to know

The Missouri Human Rights Law prohibits employment practices that discriminate against qualified individuals with a disability (MO Rev. Stat. Sec. 213.055 et seq.). The Law applies to all public employers, private employers with six or more employees, labor organizations, and employment agencies.
Human immunodeficiency virus (HIV) infection, acquired immunodeficiency syndrome (AIDS), and AIDS-related complex are all protected disabilities under the Human Rights Law (MO Rev. Stat. Sec. 191.665 et seq.).
Association provision. The Law also prohibits discrimination based on a person's association with an individual with a disability (MO Rev. Stat. Sec. 213.070 ). For example, an employee cannot be fired because he or she volunteers at an AIDS clinic.
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Like the federal Americans with Disabilities Act (ADA), state law prohibits employers from basing a decision regarding recruitment, hiring, discharge, promotion, advancement, or the other terms and conditions of employment on the knowledge or perception that a person who is otherwise qualified to perform the job has a disability. The Law mandates that employers offer reasonable accommodations to allow a person with a disability to work as long as offering the necessary accommodation does not present an undue hardship to the employer.
The ADA covers employers with 15 or more employees.
The employment protections of the Human Rights Law do not extend to individuals who:
• Have a contagious disease or infection that poses a direct threat to the health or safety of other individuals; or
• Are unable to perform their job duties because of current disease or infection (MO Rev. Stat. Sec. 191.665).
Employers are prohibited ...

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