Missouri
Overview
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Harassment and discrimination based on a protected characteristic are prohibited under both federal and state law. The federal government and most state governments have agencies that help employers and employees understand these legal requirements and ensure compliance with the laws.
Protected Characteristics
Harassment or discrimination based on any characteristic set forth below is prohibited in Missouri.
Federal
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race
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color
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national origin
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sex (including pregnancy, sexual orientation and gender identity)
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gender expression
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disability
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genetic information (including family medical history)
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religion
- age (40 and older)
- military or other uniformed service
Missouri
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race
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color
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national origin
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ancestry
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sex (including pregnancy, childbirth, and related conditions and including transgender status and non-stereotypical attributes or behaviors)
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sexual orientation
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gender identity or expression
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AIDS/HIV status
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lawful use of tobacco or alcohol
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head-of-household status
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genetic testing
pregnancy
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age (40-69)
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disability
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genetic information
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religion
Important Notes
In addition to the general protected characteristics listed above, some federal, state, and/or local laws also prohibit employment discrimination on the basis of other protected statuses in certain contexts, such as:
citizenship status or work authorization status,
emergency volunteer status,
family relationship with a co-worker, and/or
status based on information contained in criminal, background, or credit reports, or being subject to wage garnishments.
Likewise, some federal, state, and/or local laws prohibit discrimination, harassment, and/or retaliation for exercising certain legal rights such as:
participating in collective bargaining or union activities,
serving as a whistleblower pursuant to whistleblower laws,
filing a worker’s compensation or unemployment claim,
taking protected time off or protected leave,
engaging in certain off-duty activities.
Finally, under federal law and some state and/or local laws, employers may not limit or prohibit employees from using any languages in the workplace unless there is a business necessity for the restriction.
Note also that some federal, state, and/or local laws provide additional, separate standards and remedies for certain prohibited conduct, such as laws addressing equal pay without regard to sex or other protected category or specifically addressing sexual harassment prevention measures.
Applicable Laws
Federal
The primary federal laws that prohibit employment discrimination include Title VII of the 1964 Civil Rights Act, The Age Discrimination in Employment Act, The Americans With Disabilities Act, The Equal Pay Act, The Uniformed Services and Employment and Reemployment Act, The Immigration and Nationality Act, and The Genetic Information Nondiscrimination Act.
The U.S. Supreme Court held that Title VII protects individuals from employment discrimination on the basis of sexual orientation and gender identity or expression. Bostock v. Clayton County, Georgia, No. 17-1618 (U.S. June 15, 2020).
Missouri
The primary state laws prohibiting employment discrimination, including harassment, are the Missouri Human Rights Act and the Missouri Law Against Genetic Discrimination.
The Missouri Supreme Court has held that sex discrimination may include discrimination based on transgender status and non-stereotypical attributes or behaviors. See Lampley v. Mo. Comm’n on Human Rights, 570 S.W.3d 16, 25-26 (Mo. 2019) (plaintiff who did not exhibit stereotypically male behavior and appearance stated a cause of action for sex discrimination under the Missouri Human Rights Act); R.M.A. by Appleberry v. Blue Springs R-IV Sch. Dist., 568 S.W.3d 420, 424-29 (Mo. 2019) (transgender student alleging sex discrimination stated a cause of action under the Missouri Human Rights Act).
Filing a Claim in Missouri
An employment discrimination or harassment claim may be filed with the Missouri Commission on Human Rights, and/or the U.S. Equal Employment Opportunity Commission, depending on the employer’s size and the protected characteristic on which the claim is based.
Retaliation Prohibited
Employer retaliation against an employee who files a discrimination or harassment complaint or is involved in the complaint process is unlawful.
The information contained on this page is for informational purposes only.
It does not, and is not intended to, constitute legal advice.