Employment Advertising Practices

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 guidelines and interpretations governing, but not limited to, the major aspects of 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. AUTHORITY: section 213.030(6), RSMo 1986.* This rule was previously filed as 4 CSR 180-3.020. Original rule filed Oct. 31, 1973, effective Nov. 10, 1973. Amended: Filed July 1, 1980, effective Nov. 13, 1980. *Original authority: 213.030, RSMo 1959, amended 1978, 1986, 1992, 1993, 1995, 1998.