Missouri Sexual Harassment Policy - Workplace
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FAQ
Harassment is unwelcome conduct that is based on race, color, religion, sex (including sexual orientation, gender identity, or pregnancy), national origin, older age (beginning at age 40), disability, or genetic information (including family medical history).
Discriminatory harassment affects a term, condition, or privilege of employment if it is sufficiently severe or pervasive enough to alter the conditions of a plaintiff's employment and create an abusive working environment. Alhalabi, 300 S.W. 3d at 527; Hales, 886 F. 3d at 735.
Employers may not fire or retaliate against employees who report, or refuse to participate in, activity that is illegal or contrary to public policy. Off-duty conduct. Employers cannot discriminate against employees who engage in tobacco use while off-duty and away from the workplace.
Examples of harassment include offensive or derogatory jokes, racial or ethnic slurs, pressure for dates or sexual favors, unwelcome comments about a person's religion or religious garments, or offensive graffiti, cartoons or pictures.
Missouri's Human Rights Act makes it illegal for an employer to subject any worker or candidate for employment to discrimination and harassment based on who they are. Workplace harassment includes any activity that makes workers feel uncomfortable or threatened.
Understanding the Term Hostile Work Environment in Terms of the Law. In the simplest possible terms, a hostile work environment occurs when an employee faces harassment over an extended period of time due to his or her sex, age, race, disability, or national origin.
Nonexempt employees who are covered by the Fair Labor Standards Act can't be asked to do work off the clock. For instance, workers can't be required to do prep work or clean up outside their paid shifts. What's more, employers should be wary of any request to be paid in cash or off the books.
If an employee has engaged in inappropriate or offensive behaviour outside of work, you may be justified in taking them through a disciplinary procedure where their actions have damaged, or threaten to damage, the reputation of the business.
The statute is 565.225, RSMo. Harassment is conduct that includes unwanted communication that may be threatening, intimidating, frightening or causes emotional distress to another person.
