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Sex Discrimination & Sexual Harassment

Has your boss turned a blind eye to sexual harassment?

Missouri Human Rights Act

Under Missouri law, it is unlawful to discriminate against any employee or applicant for employment because of his/her sex in regard to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment.* The Missouri Human Rights Act's protections against sex-based discrimination also covers:

  1. Pregnancy-based discrimination, which includes discrimination based on pregnancy, childbirth, and related medical conditions.
  2. Compensation based discrimination.
  3. Sexual Harassment.
  4. Gender-based discrimination.

In order to protect your rights under the Missouri Human Rights Act, you must file a Charge of Discrimination with the Missouri Commission on Human Rights within 180 days of the date of the discrimination. Failure to to do so will result in the loss of your ability to protect and enforce your Constitutional right to be free from discrimination in the workplace as a result of your sex.

*The Missouri Human Rights Act applies only to those employers with 6 or more employees.

Title VII of the Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964, as amended, (Title VII) protects individuals from being treated unfairly in an employment situation because of their sex.** These protections apply to both employees and job applicants. Under Federal law, it is unlawful to discriminate against any person because of his/her sex with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments and training.

Title VII also protects individuals who are treated unfairly in the work environment as a result of their gender identity, including transgender status, or because of sexual orientation.

Under Federal Law it is unlawful to harass a person because of that person's sex. Harassment can include "sexual harassment" or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person's sex.

Additionally, an employment policy or practice that applies to everyone, regardless of sex, can be illegal if it has a negative impact on the employment of people of a certain sex and is not job-related or necessary to the operation of the business.

In order to protect your rights under the Title VII of the Civil Rights Act of 1964, as amended, you must file a Charge of Discrimination with the Equal Employment Opportunity Commission within 180 calendar days of the date of the discrimination; or if the State in which the discrimination occurred also enforces a law that prohibits employment discrimination on the same basis, then you the deadline for filing your charge is 300 calendar days. Failure to to do so will result in the loss of your ability to protect and enforce your Constitutional right to be free from discrimination in the workplace as a result of your sex.

**Title VII of the Civil Rights Act of 1964, as amended, applies only to employers with 15 or more employees who worked for the company for each working day in each of twenty or more calendar weeks (in this year or last).

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