WHEREAS, the Constitutions
of the United States and of the State of Missouri afford
to all persons the equal protection of the law; and
WHEREAS, the Congress of
the United States and the General Assembly of the State
of Missouri have enacted legislation prohibiting discrimination
in public accommodations and housing on the basis of the
race, color, sex, religion, creed, national origin, or
ancestry of any individual and prohibiting discrimination
in employment on the basis of the race, color, sex, religion,
creed, national origin, ancestry, age, veteran, or handicapped
status of any individual (which bases of discrimination
are hereafter referred to as "affected groups"); and
WHEREAS, personnel practices
and procedures within the Executive Branch of State Government
should not reflect a disparate or discriminatory impact
upon any affected group in violation of any federal or
state civil rights statute, executive order, rule, regulation,
or judicial decision; and
WHEREAS, any practice of
impermissible discrimination is incompatible with the
principles of democratic government; and
WHEREAS, the employment
practices of the State of Missouri and the operation of
its services and facilities should serve as a model for
business, industry, and labor; and
NOW, THEREFORE, I, JOHN
ASHCROFT, GOVERNOR OF THE STATE OF MISSOURI, in recognition
of the obligations of the State of Missouri and by virtue
of the authority vested in me by the Constitution and
laws of the State of Missouri, do hereby promulgate the
following Code of Fair Practices for the Executive Branch
of State Government.
The Executive Branch of
State Government shall ensure that all present and prospective
employees are afforded equal opportunity with respect
to recruiting, hiring, training, promotions, upgrades,
demotions, termination and rate of compensation without
regard to creed, religion, race, color, national origin,
ancestry, sex, or age.
State Affirmative Action Officer
The Governor shall designate
a State Affirmative Action Officer who shall exercise
the discretion herein set forth with the consent and concurrence
of the Governor and the Commissioner of Administration
The State Affirmative Action Officer shall report to the
Commissioner of Administration and have primary responsibility
for implementation of this Order. The State Affirmative
Action Officer shall coordinate affirmative action efforts
among the Departments of the Executive Branch.
The primary responsibility
for developing an Affirmative Action Plan of Implementation,
as described in Article V, rests with each Department
Director. The Affirmative Action Plan of Implementation
for each Department shall he submitted to the State Affirmative
Action Officer who shall review the plan to ensure compliance
with this Order. If any plan submitted is determined not
to be in compliance, the State Affirmative Action Officer
may require such revisions as are necessary to accomplish
the purposes of this Order.
The State Affirmative Action
Officer shall review progress reports of the Departments
and shall meet at least annually with each Department
Director to evaluate Departmental results and determine
the course of future affirmative action implementation
and planning. The results of each meeting shall be reported
in writing to the Commissioner of Administration
The Commissioner of Administration
shall provide the State Affirmative Action Officer with
such facilities, staff, resources, equipment, and supplies
as are necessary to carry out the duties set forth herein.
Affirmative Action Council
Each Department Director
shall designate an individual to serve on the Affirmative
Action Council, hereinafter referred to as the Council.
The Council shall meet at least quarterly and shall be
chaired by the State Affirmative Action Officer. The Council
shall make such recommendations as it believes necessary
to the State Affirmative Action Officer to assist in the
implementation of this Order.
Affirmative Action Program
The affirmative action
responsibilities of each Department shall include: (1)
development and implementation of an Affirmative Action
Plan of implementation as set forth in Article V; (2)
establishment of a method for internal resolution of complaints
of discrimination; and (3) preparation of an annual report
of its affirmative action efforts.
Affirmative Action Plan of implementation
Not later than sixty (60)
days after the effective date of this Order, each Department
shall file with the State Affirmative Action Officer a
revised Affirmative Action Plan of Implementation. The
State Affirmative Action Officer shall review each such
proposed plan and shall approve the same if it substantially
complies with the provisions and purposes of this Order.
Subsequent amendments to any plan may be required if the
State Affirmative Action Officer determines that it is
no longer in substantial compliance with this Order.
Each such plan shall be
designed to address any past or present discriminatory
employment or personnel practices and to prevent such
practices in the future. In addition, each such plan shall
facilitate the promotion and enhancement of equal employment
opportunities for all personnel within the department.
The Office of Administration
shall include in its Affirmative Action Plan Of implementation
procedures to assure that all tests for employment and
promotion administered by the Division of Personnel are
non-discriminatory and that limitations and specifications
attached to positions are non-discriminatory.
The State Affirmative Action
officer shall coordinate and provide technical assistance
to Departments in the development and implementation of
their respective Affirmative Action ,Plans of Implementation.
State Employment Services
All Departments that provide
employment referral or placement services to public or
private employers shall refer for employment, test, classify,
counsel, and train without regard to affected group status.
No job orders designed to exclude persons based on affected
group status shall be filled unless there exists a bona
fide occupational qualification with regard to sex or
age. Any applicant who believes that he or she has been
discriminated against may file a charge of discrimination
with the Missouri Commission On Human Rights.
State Services and Facilities
Every Department shall
offer its services to the public without discrimination
based upon the affected group status of any person. No
State facility shall be used to promote any discriminatory
practice, nor shall any Department become a party to any
agreement which permits any discriminatory practice intended
to be prohibited by this Order.
All State institutions
of public education shall promote non-discrimination in
the provision of services and fairness in employment practices,
and shall encourage participation in human relations training
for administrators, faculty, and staff.
Affected group status shall
not be considered as a limiting factor in State-administered
programs involving grants, loans, and other distribution
of funds to applicants for benefits authorized by law.
Health Care Services
All health care facilities
licensed by the State shall comply with Title VI of the
Civil Rights Act of 1964 and with State laws of non-discrimination
in public accommodations including patient admissions
and health care services as a condition of continued participation
in any State program or eligibility for any form of State
assistance or licensure.
Training and Job Opportunities
All educational and vocational
counseling, apprenticeship and training programs involving
State participation shall encourage the development of
an individual's fullest potential, without regard to affected
State Licensing and Regulatory Agencies
No Department, Board, Commission,
or Agency shall grant, deny, or revoke any license or
charter on the basis of affected group status unless otherwise
provided by law. Any test administered as a prerequisite
to licensure by any Board, Licensing or Regulatory Agency
shall be designed to preclude any impermissible discrimination
against any affected group.
Contracts and Subcontracts
Every State contract for
goods or services or for public works, including construction
and repair of buildings, roads, bridges, and highways,
shall contain a clause prohibiting discriminatory practices
based on affected group status unless, with respect to
sex, age, or handicapped status, such restrictions relate
to a bona fide occupational qualification.
clause in State contacts shall specifically obligate contractors
1. Not to discriminate
against recipients of services on the basis of race, color,
religion, national origin, sex, handicap, or age.
2. Not to discriminate
against any employee or applicant for employment on the
basis of race, color, religion, national origin, sex,
or otherwise qualified handicapped status.
3. Not to discriminate
against any applicant for employment or employee on the
basis of age, where such applicant or employee is between
ages 40 and 70 and where such contractor employs at least
4. Not to discriminate
against any applicant for employment or employee on the
basis of that person's status as a disabled or Vietnam-era
veteran, if the compensation payable to the contractor
or subcontractor is at least $10,000 within a fiscal year.
5. To develop, implement,
and maintain an affirmative action program if at least
50 parsons in the aggregate are employed. For the purpose
of this section, an "affirmative action program" means
positive action to influence all employment practices
(including, but not limited to, recruiting, hiring, promoting,
and training) in providing equal employment opportunity
regardless of race, color, sex, national origin, religion,
age (where the person affected is between age 40 and 70),
disabled and Vietnam-era veteran status, and handicapped
otherwise qualified status. Such "affirmative action program"
(a) A written policy statement committing the
total organization to affirmative action and assigning
management responsibilities and procedures for evaluation
(b) The identification of a person designated to handle
(c) The establishment of nondiscriminatory selection
standards, objective measures to analyze recruitment,
an upward mobility system, a wage and salary structure,
and standards applicable to layoff, recall, discharge,
demotion, and discipline;
(d) The exclusion of discrimination from all collective
bargaining agreements; and
(e) Performance of an internal audit of the reporting
system to monitor execution and to provide for future
In the enforcement of a
non-discrimination clause, a Department may use any reasonable
procedures available, including, but not limited to: requests,
reports, site visits, and inspection of relevant documents
of contractors and subcontractors.
that exist in whole or in part for the purpose of dealing
with employers in the Executive Branch of State Government
concerning employee grievances, labor disputes, or terms
of employment shall not: (1) exclude or expel from membership
or otherwise discriminate against any individual because
of affected group status; (2) limit, segregate, or classify
members or applicants for membership in any way which
would deprive or tend to deprive any individual of any
benefit, advantage, or privilege on the basis of affected
group status; or (3) directly or indirectly create any
condition which adversely affects the status of any employee
based upon affected group status.
Publication and Posting
Policies, Procedures, and
communications relating to this Order shall be distributed
to all Departments for posting in a conspicuous place
in all of its offices and facilities. Each Department
shall make a copy of the Affirmative Action Plan of implementation
accessible to employees at all offices and facilities.
Other Governmental Bodies
All local governments and
instrumentalities of government in Missouri are requested
to cooperate with this endeavor to end discrimination
within this State.
Records and Reports
No later than December
first of each calendar year, the State Affirmative irmative
Action Officer shall provide a report to the Commissioner
of Administration which summarizes the activities of each
Department pursuant to this Order and which contains recommendations
for additional programs to accomplish the purposes of
This order shall take effect
immediately and shall supersede all previous Executive
Orders on the same subject.
|| IN WITNESS WHEREOF, I have hereunto
set my hand and caused to be affixed the Great Seal
of the State of Missouri, in the City of Jefferson,
on this 31st day of August, 1987.
||[John Ashcroft's signature]
[Roy D. Blunt's signature]
SECRETARY OF STATE
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