We address issues, cases and matters of statutory and regulatory compliance of employment law that can impact a business' growth and profitability.
In a case of first impression, the Missouri Court of Appeals held that sexual stereotyping can support an inference that discrimination on the basis of “sex” occurred in the workplace. Lampley and Frost v. MCHR, Case No. WD80288 (Mo.App. W.D. 2017). The Appellate Court maintained that sexual orientation is not a “protected-class” under the Missouri Human Rights Act (MHRA), but held that sex-based stereotyping is a prohibited employment practice in Missouri and, therefore, can support an inference of unlawful sex discrimination.
What does Right to Work Mean? Employers are barred from: requiring employees to become, remain, or refrain from becoming a member of a labor organization; or pay dues or other charges required of labor organization members as a condition of employment. Any agreement, understanding, or practice, written or oral, implied or expressed, between any labor organization and employer that violates the rights of employees as guaranteed under Act is unlawful, null and void, and of no legal effect.
While the federal minimum wage remains unchanged at $7.55 per hour, both “red” and “blue” states continue to increase the required minimum wage rate under state law above the federal minimum wage rate on an increasing basis. As we previously reported, the minimum wage for Missouri employers increased on January 1, 2015 to $7.65 per hour. While there were efforts by the Illinois legislation to increase the state minimum wage rate to over $10.00 per hour in 2015, it was unable to pass both houses.
Title VII of the Civil Rights Act prohibits covered employers from making employment decisions based on an individual’s sex/gender. This year, the Equal Employment Opportunity Commission (EEOC), Department of Labor (DOL) and President Obama continued the ongoing efforts to expand employment protection to transgender workers.