8 CSR 60-3.020 - Employment Advertising Practices
(1) It shall be a violation of section
213.055, RSMo (1986) for any employer, labor organization, licensing agency or
employment agency to cause to be published, printed, circulated or displayed
any advertisement or notice relating to employment, employment opportunities,
job openings, union membership, apprentice programs, job training programs,
licensing opportunities or any of the terms, conditions or privileges under an
employment advertisement or notice column which is segregated on the basis of
race, creed, color, religion, national origin, sex, ancestry or handicap under
any column heading which expresses overtly or subtly, directly or indirectly,
any preference specification or limitation.
(2) It shall be a violation of section
213.055, RSMo (1986) for any employer, labor organization, licensing agency or
employment agency to cause to be published, printed, circulated or displayed
any advertisement or notice relating to employment, employment opportunities,
job openings, union membership, apprentice programs, job training programs,
licensing opportunities or any of the terms, conditions or privileges the
language of which advertisement or notice expresses any limitation,
specification, discrimination or preference as to race, creed, color, religion,
national origin, sex, ancestry or handicap. A limitation, specification,
discrimination or preference as to religion, national origin or sex is not a
violation where the limitation, specification, discrimination or preference is
a bona fide occupational qualification for the particular job
advertised as defined in section (5) of this rule.
(3) Whenever a help wanted advertisement or
notice is to contain any job title or job description which is not clearly
neutral in terms of sex and to the job advertised is not one for which sex is a
bona fide occupational qualification as defined in this
regulation, then the advertisement or notice shall instead utilize a neutral
job title whenever practicable. If the use of a neutral job title is not
practicable, then the advertisement or notice may contain the nonneutral job
title provided, however, that the advertisement or notice also includes:
a) the job title which is the counterpart of
the nonneutral job title; or
b) the
designation "M/W." Newspapers which print employment advertisements are
encouraged to voluntarily print a box on their employment advertising pages
indicating that the abbreviation "M/W", when used, means men or
women.
(4) For the
purpose of this regulation, the bona fide occupational
qualification exception shall be narrowly interpreted to include only those
situations where the essence of the business would be undermined by not
excluding persons on the basis of their sex, religion or national origin. The
exception shall be interpreted so that individuals will not be considered for
employment on the basis of any characteristics generally attributable to their
group. The employer, labor organization, licensing agency or employment agency
has the burden of establishing with the Missouri Commission on Human Rights
that religion, national origin or sex is a bona fide
occupational qualification.
(A) The
application of the exception is not warranted where based on, for example,
assumptions of the comparative general employment characteristics of persons of
a particular religion, national origin or sex, such as their turnover rate;
stereotyped characteristics of the previously mentioned classes, such as their
mechanical ability or aggressiveness; customer, client, coworker or employer
preference; historical usage, tradition or custom; or the necessity of
providing separate facilities of a personal nature, such as restrooms or
dressing rooms. In regard to sex, the application of the exception may be
authorized by the Missouri Commission on Human Rights where it is necessary for
authenticity or genuineness, such as for an actor or actress or fitters of
intimate apparel.
(5) Any
employer, labor organization, licensing agency or employment agency may make a
request of the Missouri Commission on Human Rights as to whether religion,
national origin or sex is a bona fide occupational
qualification for a particular job which they intend to cause to be published,
printed, circulated or displayed. The Missouri Commission on Human Rights shall
give opinion in response to these requests. All requests shall be made in
writing. An opinion in writing by the commission prior to the publication or
display of any advertisement in response to this a request shall be binding on
the commission for the purpose of this regulation except in those instances
where the inquiry has not fully and accurately disclosed the relevant facts
regarding the particular job in question. The commission shall maintain records
as to each inquiry made pursuant to this section, to include the name, title
and address of the inquiries, a summary of the job and job duties, the basis
for the exception claimed and the time, date, identification number and
disposition of the inquiry.
(6) It
shall be a violation of section 213.070, RSMo (1986) for any newspaper or other
publication published or circulated within this state to print, publish or
circulate employment advertisements under headings or columns that are
segregated on the basis of race, creed, color, religion, national origin, sex,
ancestry or handicap or under any column or heading which expresses overtly or
subtly, directly or indirectly a preference, specification or limitation on the
basis of race, creed, color, religion, national origin, sex, ancestry or
handicap.
(A) Newspapers and other
publications which print employment advertisements are encouraged to maintain
lists of discriminatory terms and permissible substitutes and to instruct their
employees to advise employers, labor organizations, licensing agencies or
employment agencies of these terms and to have copies of these regulations
available for distribution to advertisers upon request.
(B) The use of language including but not
limited to black, Negro, colored, white, restricted, interracial, segregated,
Christian, Jewish, men, women, boy, gal or any other word, term, phrase or
expression which tends to influence, persuade or dissuade, encourage or
discourage, attract or repel, any person(s) because of race, creed, color,
religion, national origin, sex, ancestry or handicap shall be considered
discriminatory advertising in violation of section 213.070, RSMo
(1986).
(7) Employers
and/or labor organizations whose work forces or memberships do not bear a
reasonable relationship to the racial and/or ethnic pattern of the general
population in their recruiting areas, may not recruit exclusively or even
primarily by means of word-of-mouth referrals from present employees or present
members.
(8) Employers and/or labor
organizations whose work forces or memberships do not bear a reasonable
relationship to the racial and/or ethnic pattern of the general population in
their recruiting areas may not give preference in hiring or in admission to
membership to relatives or present employees of present members by reason of
those relationships.
(9) Nothing
contained in this regulation shall be deemed to prohibit the commission from
including in any of its orders against any respondent employer, labor
organization, licensing agency or employment agency a provision requiring the
respondent to include in any advertisement or notice regarding any employment
or licensing opportunity the term equal opportunity employer or any
substantially similar term. Nor shall this regulation be deemed to prohibit
persons from voluntarily using the term equal opportunity or any substantially
similar term in any notice or advertisement.
Notes
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