Missouri ADA: What you need to know

The Missouri Human Rights Law prohibits employment practices that discriminate on the basis of disability. The Law covers private employers with six or more employees and all state and local government agencies, regardless of size (MO Rev. Stat. Sec. 213.010 et seq.).

The term "disability" means:

• A physical or mental impairment that substantially limits one or more major life activities
• A record of having such an impairment, which with or without reasonable accommodation does not interfere with performing the job
• Being regarded by others as having such an impairment

Federal law compared. Although the federal Americans with Disabilities Act (ADA) has similar provisions to the state law, amendments broadened the definition of disability and expressly changed the ADA's definition of a regarded as disability. Under the amended ADA, a person is regarded as having an ADA disability if he or she is subjected to an adverse employment action (e.g., demotion or firing) because of an actual or perceived impairment. The impairment does not have to substantially limit a major life activity in order to meet the definition of a "regarded as" disability.

Under state law, the term disability does not include current illegal use of, or addiction to, a controlled substance (MO Rev. Stat. Sec. 213.010). However, the term does apply to a person who:

• Has successfully completed a supervised drug rehabilitation program or has otherwise been successfully rehabilitated, is not currently addicted, and is no longer engaged in the illegal use of controlled substances,
• Is participating in a supervised rehabilitation program and is no longer engaged in the illegal use of controlled ...