Missouri Fair Hiring Laws

Various laws are in effect that impact employment, including some that dictate the regulations around recruiting and hiring new employees. Review our detailed guide to fair hiring laws in Missouri and how they differ from federal regulations.

What Are Fair Hiring Laws?

Fair hiring laws are regulations administered federally by the Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL). They apply across all states in the U.S., although some states have stricter laws in place. More than 180 laws cover workplace activities, protecting more than 165 million workers. Some of these related to the process of recruiting and hiring new employees.

What Are “Ban-the-Box” Laws?

Ban-the-box laws limit when an employer can ask about a candidate’s criminal history during the hiring process. The term refers to eliminating the box that must be checked on a traditional application when the individual has such a record.

Executive Order 16-04, signed by the governor in 2016, prohibits state executive branch agencies from requesting criminal history information from applicants unless the law requires that candidates with criminal backgrounds be disqualified from consideration. It doesn’t apply to private employers, although St. Louis and Kansas City have own ban-the-box laws in effect (see below).

Does Missouri Have Fair Hiring Laws That Differ from Federal Fair Hiring Laws?

Yes, there are laws in place in Missouri regarding fair hiring practices that differ from federal law.

Do Missouri Hiring Laws Match or Differ from the Federal Equal Pay Act (EPA)?

The Missouri Human Rights Act prohibits employers from paying employees different wages based on sex. If the roles have the same responsibilities, they may be considered substantially similar. The law applies to employers with 6+ employees.

Do Missouri Hiring Laws Match or Differ from the Age Discrimination in Employment Act (ADEA)?

The restrictions under the Missouri Human Rights Act are similar to those under the ADEA, restricting employers from discriminating against individuals ages over age 40 when making hiring decisions. One key difference is that the MHRA includes an upper age limit of 70, while the federal law has no upper limit.

Do Missouri Hiring Laws Match or Differ from the Americans with Disabilities Act (ADA)?

The MHRA complements the federal ADA, as both prohibit discrimination against individuals with disabilities in hiring. However, the MHRA covers employers with at least six employees, while the federal law covers employers with 15 or more.

Do Missouri Hiring Laws Match or Differ from the Genetic Information Nondiscrimination Act (GINA)?

Under RSMo 375.1306, eligible Missouri employers are restricted from using any genetic test results or information to discriminate against prospective employees. The nondiscrimination policy is enforced by the state Department of Social Services (DSS) and covers employees, job applicants, and contractors in relation to fair hiring practices.

Do Missouri Hiring Laws Match or Differ from Title VII of the Civil Rights Act of 1964?

Missouri hiring laws share some similarities with Title VII of the Civil Rights Act, including that employers cannot discriminate based on race, national origin, color, sex, or religion. However, the state law applies to more employers (those with at least 6 employees) and allows for punitive damages.

Are There Different Fair Hiring Laws in Cities or Municipalities Across Missouri?

St. Louis has a ban-the-box ordinance in effect that prohibits employers from considering criminal history when making hiring decisions.

Additionally, in Kansas City, private employers with 6+ employees are not allowed to inquire about criminal history until after an interview. Hiring decisions can’t be based on criminal backgrounds unless the employer can demonstrate a reasonable relation between the frequency, severity, and recentness of crimes committed and the responsibilities and duties of the role.

With the right tools, ensuring fairness when recruiting and hiring doesn’t have to cause problems. Learn more about the applicant tracking capabilities built into WorkforceHub, like automation of data tracking and reporting for valuable insights. We can help your business maintain compliance with fair hiring regulations.