Missouri Selection and Testing laws & HR compliance analysis

Missouri Selection and Testing: What you need to know

The Missouri Human Rights Law prohibits discrimination based on race, color, religion, national origin, sex, ancestry, age (over 40 but under 70), or disability, unless a bona fide occupational qualification (BFOQ) applies. The Law applies to all public employers and private employers with six or more employees (MO Rev. Stat. Sec. 213.010 et seq.).
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The Missouri AIDS Act prohibits employers from discriminating against an individual based on HIV infection or acquired immune deficiency syndrome (AIDS) status, unless the individual poses a direct threat to the health or safety of others or is unable to perform required job duties (MO Rev. Stat. Sec. 191.665).
Missouri law also prohibits employers from discriminating against individuals based on a visual, aural, or physical disability requiring an assisting aid or appliance, including guide, hearing, and service dogs (MO Rev. Stat. Sec. 209.162).
An applicant or employee may be excluded from employment if the individual would pose a health or safety threat to the individual or others, but only if the threat is one of demonstrable serious harm (8 MO CSR 60-3.060).
Employers may give and act upon the results of any professionally developed aptitude test so long as the test is not designed, intended, or used to discriminate against a protected individual or class of individuals (MO Rev. Stat. Sec. 213.055(2)).
Missouri law prohibits employers from discriminating against individuals on the basis of the lawful use of alcohol or tobacco products away from the employer's premises and during nonworking hours, unless the use of such products interferes with the ...

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