Missouri Application Forms laws & HR compliance analysis

Missouri Application Forms: What you need to know

The Missouri Human Rights Act prohibits the use of an application form that expresses, directly or indirectly, any limitation, specification, or discrimination because of race, color, religion, national origin, sex, ancestry, age (40 to 70 years old), or disability. The Act specifically provides that applicants should not be asked about any of these characteristics, either on an application form or in an interview, unless based on a bona fide occupational qualification (BFOQ) (MO Rev. Stat. Sec. 213.055). The Act covers private employers with six or more employees and all state and local government agencies, regardless of size (MO Rev. Stat. Sec. 213.010(7)).
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It is unlawful for an employer to retaliate or discriminate against a person because the person has opposed an unlawful discriminatory practice, or because of the person's association with a member of a protected group (MO Rev. Stat. Sec. 213.070).
A separate law prohibits employment practices that discriminate against individuals with human immunodeficiency virus (HIV) infection or AIDS, unless a particular individual is unable to perform job duties or poses a direct threat to the health of others. While the law does not specifically address the issue, questions about an applicant's HIV status would likely violate the Missouri Human Rights Act and should be avoided (MO Rev. Stat. Sec. 191.665).
A separate law also prohibits bias because of an individual's lawful use of alcohol or tobacco products during nonworking hours while away from the employer's premises. Questions about an applicant's alcohol or tobacco use should likewise be avoided (MO Rev. Stat. Sec. 290.145). ...

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