On October 15, 2018, the Missouri Commission on Human Rights amended the state’s regulation prohibiting discrimination based on an individual having a handicap so as to eliminate language inconsistent with the federal Americans with Disabilities Act. The amended regulation also changed the requirements for pre-employment inquiries, pre-employment exams, and exam administration. Importantly, employers are now prohibited from making pre-employment inquiries of an applicant, asking if he or she has a physical or mental impairment or about the nature or severity of an impairment. Employers also may not use any test that tends to screen out applicants with disabilities. Lastly, if an employer administers a test, the test results must accurately reflect the applicant’s or employee’s job skills, aptitude, or whatever other factor the test purports to measure and not the applicant’s or employee’s impaired sensory, manual, reading, or speaking skills unless those skills are factors that the test purports to measure.
The regulation is effective November 30, 2018.
Read 8 CSR 60-3.060
On June 1, 2018, Missouri Governor Eric Greitens signed legislation (S.B. 573) permitting private, nonpublic employers to grant preference to hiring and promoting veterans. Additionally, a private, nonpublic employer may grant preference in hiring and promotion to a spouse of a disabled veteran who has a service-connected permanent and total disability or to a surviving spouse of a deceased veteran. A disabled veteran is a person who has a compensable, service-connected disability as determined by the U.S. Veterans Administration or by the retirement board of one of the branches of the armed forces.
The law took effect August 28, 2018.
Read MO S.B. 573