Preservation of Records and Posting of Posters and Interpretations

PURPOSE: The Missouri Commission on Human Rights has the authority to formulate policies to effectuate the purposes of Chapter 213, RSMo (1986). This rule sets forth the rules for employer preservation of records, posting of posters, and commission’s 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. AUTHORITY: section 213.030, RSMo 2016.* This rule was previously filed as 4 CSR 1803.010. Original rule filed Oct. 31, 1973, effective Nov. 10, 1973. Amended: Filed July 1, 1980, effective Nov. 13, 1980. Amended: Filed April 27, 2018, effective Nov. 30, 2018. Amended: Filed Jan. 6, 2020, effective July 30, 2020. *Original authority: 213.030, RSMo 1959, amended 1978, 1986, 1992, 1993, 1995, 1998.