Missouri: LGBTQ Protections Expanded for Sex Stereotyping

APPLIES TO

All Employers with MO Employees

EFFECTIVE

February 26, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In Lampley v. Missouri Comm’n on Human Rights, the Missouri Supreme Court stated that sex stereotyping can form the basis of a sex discrimination claim under the Missouri Human Rights Act (MHRA). There, an employee claimed he was discriminated against because his behavior and appearance did not evoke sufficient “maleness” for his employer. Although the employee acknowledged he was gay and the MHRA does not protect sexual orientation, the Court stated that “an employee who suffers an adverse employment decision based on sex-based stereotypical attitudes of how [one] should act can support an inference of sex discrimination.” Moreover, “sexual orientation is incidental and irrelevant to sex stereotyping.” Employers must take care to ensure equal treatment of employees, regardless of stereotypes associated with one’s biological sex.

Action Items

  1. Have anti-harassment and discrimination policies reviewed for compliance.
  2. Have employees trained on sexual harassment and discrimination prevention.
  3. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2019 ManagEase

0 replies

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply

Your email address will not be published. Required fields are marked *