National Origin Discrimination

PURPOSE: The Missouri Commission on Human Rights is proposing to enact this rule as an interpretation of the statutory prohibition of Chapter 213, RSMo against national origin discrimination. (1) It is intended to eliminate covert as well as overt practices of discrimination, and the commission, therefore, will examine, with particular concern, cases where persons within the jurisdiction of the commission have been denied equal employment opportunity for reasons which are grounded in national origin considerations. Examples of cases of this character which have come to the attention of the commission include, but are not limited to: The use of tests in the English language where the individual tested came from circumstances where English was not that person’s first language or mother tongue, and where English language skill is not a requirement of the work to be performed; denial of equal opportunity to persons married to or associated with persons of a specific national origin; denial of equal opportunity because of membership in lawful organizations identified with or seeking to promote the interests of national groups; denial of equal opportunity because of attendance at schools or churches commonly utilized by persons of a given national origin; denial of equal opportunity because their name or that of their spouse reflects a certain national origin; and denial of equal opportunity to persons who as a class of persons tend to fall outside national norms for height and weight where the height and weight specifications are not necessary for the performance of the work involved. AUTHORITY: section 213.030(6), RSMo 1986.* This rule was previously filed as 4 CSR 180-3.070. Original rule filed July 1, 1980, effective Nov. 13, 1980. *Original authority: 213.030, RSMo 1959, amended 1978, 1986, 1992, 1993, 1995, 1998.