188.105. Discrimination by employer prohibited because of failure of employee to participate in abortion--exceptions.
Discrimination by employer prohibited because of failure ofemployee to participate in abortion--exceptions.
188.105. 1. It shall be unlawful:
(1) For an employer:
(a) To fail or refuse to hire or to discharge anyindividual, or otherwise to discriminate against any individualwith respect to his or her compensation, terms, conditions, orprivileges of employment, because of such individual's refusal toparticipate in abortion;
(b) To limit, segregate, or classify his, her, or itsemployees or applicants for employment in any way which woulddeprive or tend to deprive any individual of employmentopportunities or otherwise adversely affect his or her status asan employee, because of such individual's refusal to participatein abortion;
(c) To discharge, expel, or otherwise discriminate againstany person because he or she has opposed any practices forbiddenunder sections 188.100 to 188.120 or because he or she has fileda complaint, testified, or assisted in any legal proceeding undersections 188.100 to 188.120;
(2) For any person, whether an employer or employee, or not,to aid, abet, incite, compel, or coerce the doing of any of theacts forbidden under sections 188.100 to 188.120, or to attemptto do so.
2. Notwithstanding any other provision of sections 188.100to 188.120, the acts proscribed in subsection 1 of this sectionshall not be unlawful if there can be demonstrated an inabilityto reasonably accommodate an individual's refusal to participatein abortion without undue hardship on the conduct of thatparticular business or enterprise, or in those certain instanceswhere participation in abortion is a bona fide occupationalqualification reasonably necessary to the normal operation ofthat particular business or enterprise.
3. Nothing contained in sections 188.100 to 188.120 shall beinterpreted to require any employer to grant preferentialtreatment to any individual because of such individual's refusalto participate in abortion.
(L. 1986 H.B. 1596)