Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 3 - Guidelines and Interpretations of Employment Anti-Discrimination Laws › Section 8 CSR 60-3.010 - Preservation of Records and Posting of Posters and Interpretations

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: Section (8) is amended because it conflicts
				  with the changes in the statutory language.
(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.
*Original authority: 213.030, RSMo 1959, amended 1978,
					 1986, 1992, 1993, 1995, 1998.