Section 12-34 Employment.
Prior to the adoption of Ord. 17127 on 01/07/2002, Section 12-34 read as follows.
(a) It shall be unlawful:
(1) For an employer, because of any individual's protected
a. To fail or refuse to hire
or to discharge any individual, or otherwise to discriminate
against any individual with respect to
his the individuals compensation,
terms, conditions, or
privileges of employment.
b. To limit, segregate or classify
employees in any way which would deprive or tend to
deprive any individual of employment opportunities or otherwise adversely affect his the
individuals status as an employee.
(2) For a labor organization, because of any individual's
a. To exclude or to expel such
individual from its membership or to discriminate in any
manner against any of its members or against any employer or any individual employed by an
b. To limit, segregate or classify
its membership, or to classify or fail or refuse to refer for
employment any individual in any manner which would deprive or tend to deprive any individual
of employment opportunities, or would limit such opportunities or otherwise adversely affect
such individual's status as an employee or as an applicant for employment.
(3) For any employer, labor organization, or joint labor-management
apprenticeship or other training or retraining, including on-the-job training programs, to
discriminate against any individual in admission to, or employment in, any program established
to provide apprenticeship or other training or retraining.
(4) Because of any individual's protected category:
a. For any employer or employment
agency to print or circulate or cause to be printed or
circulated, any statement, advertisement or publication, or to use any form of application for
employment or to make any inquiry in connection with prospective employment, which
expresses, directly or indirectly, any limitation, specification or discrimination, unless based
upon a bona fide occupational qualification.
b. For an employment agency to
fail or refuse to refer for employment, or otherwise to
discriminate against, or to classify or refer for employment, any individual.
(5) For any employer, labor organization or employment
agency to discharge, expel or
otherwise discriminate against any individual because such individual has opposed any act,
practice or course of conduct made unlawful by, or filed a complaint, testified, or assisted in, any
proceeding under this Article.
(6) For any person, whether an employer or employee or
not, to aid, abet, incite, compel or
coerce the doing of any of the acts made unlawful by this Article, or to attempt to do so.
(b) Notwithstanding any other provision of this Article, it shall not be unlawful
employer to apply different standards of compensation, or different terms, conditions or
privileges of employment pursuant to a bona fide seniority or merit system, or a system which
measures earnings by quantity or quality of production or to employees in different locations;
provided, that such differences or such systems are not the result of an intention or design to
discriminate, and are not used to discriminate, because of any individual's protected category; nor
shall it be unlawful for an employer to give and to act upon the results of any professionally
developed ability test, provided that such test, its administration, or action upon the results
thereof, is not designed, intended or used to discriminate because of any protected category.
(c) Nothing contained herein shall be interpreted to require any employer, employment
labor organization, or joint labor-management committee subject to this Article to grant
preferential treatment to any individual or to any group because of such individual's or group's
protected category on account of an imbalance which may exist with respect to the total number
or percentage of individuals of any protected category employed by any employer, referred to or
classified for employment by any employment agency or labor organization, admitted to
membership or classified by any labor organization, or admitted to or employed in any
apprenticeship or other training program, in comparison with the total number or percentage of
individuals of such protected category in the city, or in the available work force in the city.
(d) Notwithstanding any other provision of this Article, it shall not be unlawful
because of sex
to differentiate in employment compensation, terms, conditions or privileges of employment
between male and female employees if such differences are otherwise required or expressly
permitted by the laws of the state, or by the provisions of Section 703 of the Federal Civil Rights
Act of 1964, as amended, or by the provisions of section 6(d) of the Federal Fair Labor Standards
Act of 1938, as amended; nor shall it be unlawful because of sex for an employer, pursuant to a
pension, retirement, profit sharing, welfare or death benefit plan, to provide for the retirement of
female employees at a younger age than male employees or to provide differences in annuity,
death and survivors benefits between widows and widowers of employees.
(e) Notwithstanding any other provisions of this Article, it shall not be unlawful
church or religious school or religious day care center to consider sexual orientation in any hiring
or employment action.
(Code 1964, § 7.2020; Ord. No. 13385, § 1, 7-20-92)
State law reference(s)--Similar provisions, RSMo. § 296.020.