8 CSR 60-3.010 - Preservation of Records and Posting of Posters and Interpretations
(1) Every employer, labor organization,
employment agency, or other business or establishment covered by Chapter 213,
RSMo (1986) shall post a commission equal employment poster in a place where
other employee notices are posted or in a conspicuous place where employees
will have access to it.
(2) Every
person subject to the jurisdiction of the commission under Chapter 213, RSMo
(1986) shall post the commission's fair housing poster in all places of
business and establishments subject to the statute.
(3) Every person subject to the jurisdiction
of the commission under Chapter 213, RSMo (1986) shall post the commission
public accommodations poster in all places of business and establishments
subject to this statute.
(4) Any
personnel or employment record made or kept by any employer including, but not
necessarily limited to, application forms submitted by applicants and other
records having to do with hiring, promotion, demotion, transfer, layoff or
termination, rates of pay or other terms of compensation and selection for
training or apprenticeship shall be preserved by the employer for a period of
one (1) year from the date of the making of the record or the personnel action
involved, whichever occurs later.
(5) Where a complaint of discrimination has
been filed and the respondent notified, the respondent employer shall preserve
all personnel records relevant to the complainant until final disposition of
the complaint. The term personnel records relevant to the complaint, for
example, would include personnel or employment records relating to the
complainant and to all other employees holding positions similar to that held
or sought by the complainant and application forms or test papers completed by
an unsuccessful applicant or by all other candidates for the same position as
that for which the complainant applied and was rejected. The date of final
disposition of the complaint means the date which litigation is terminated,
with regard to the complaint.
(6)
If a person fails to make, keep, or preserve records or make reports in
accordance with this regulation, the commission may draw an adverse presumption
from this failure with regard to the allegations in the complaint. The
presumption is rebuttable.
(7)
Sections 213.065.1 and 213.065.2, RSMo are interpreted to mean that any
structure built after the effective date of these rules which is a place of
public accommodation as covered by this statute must provide access for
handicapped persons unless it can be shown this accommodation would cause undue
hardship.
(8) A corporation or
association must be owned or operated by a religious or sectarian group to be
exempt as an employer under section
213.010(8),
RSMo.
Notes
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