Missouri Hiring laws & HR compliance analysis

Missouri Hiring: What you need to know

The Missouri Human Rights Act (MHRA) prohibits hiring practices that discriminate based on race, color, religion, national origin, ancestry, sex, age (at least 40, but less than 70 years of age), or disability. The law applies to all public employers and to private employers with six or more employees (MO Rev. Stat. Sec. 213.010 et seq.). A separate statute prohibits all employers, regardless of size, from discriminating against an employee or prospective employee based on genetic information or genetic test results (MO Rev. Stat. Sec. 375.1306).
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Preemployment medical examinations. The MHRA authorizes an employer to conduct a preemployment medical examination that relates to minimum physical standards for employment if:
• The examination is given to all applicants in the same job category regardless of mental or physical impairment.
• The examination measures only the ability to perform the essential functions of the job in question.
• Examination results are given the same consideration in employment decisions for all applicants regardless of mental or physical impairment.
• Medical examinations and other assessments must take into account the degree to which the person has compensated for his or her limitations and the degree of rehabilitation received.
• All medical records must be kept confidential (8 MO Admin. Regs. Sec. 60-3.060).
It is unlawful for an employer to refuse to hire an applicant because of his or her lawful use of alcohol or tobacco products during nonworking hours while away from the employer's premises unless the use interferes with job performance (MO Rev. Stat. Sec. 290.145). Religious organizations and church-operated institutions are exempt ...

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