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SECOND REGULAR SESSION
HOUSE BILL NO. 2454
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE FUCHS.
5591H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 213, RSMo, by adding thereto two new sections relating to unlawful
discriminatory practices based on certain medical information.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 213, RSMo, is amended by adding thereto two new sections, to be
2 known as sections 213.061 and 213.062, to read as follows:
213.061. 1. As used in this section, the following terms shall mean:
2 (1) "Adverse employment action", includes, but is not limited to, termination,
3 demotion or ref usal to pr omote or advance, loss of career specialty , reas signment to a
4 differ ent shift, re duction of wages or benefits, refu sal to pr ovide training opportunities
5 or transfer to a differ ent department, adverse administrative action, or any other
6 penalty , disciplinary , or reta liatory action;
7 (2) "Employer", any person who employs six or mor e persons exclusive of that
8 person's par ents, spouse, or childr en;
9 (3) "Employment agency", any person undertaking for compensation to procu re
10 opportunities to work or to procu re, r ecruit, r efer , or place employees;
11 (4) "Individual", one or mor e individuals;
12 (5) "Labor organization", any organization that exists for the purpose, in whole
13 or in part, of collective bargaining or of dealing with employers concerning grievances,
14 terms or conditions of employment, or for other mutual aid or pr otection in relat ion to
15 employment;
16 (6) "Person", one or more individuals, partnerships, associations,
1 7 unincorporated organizations, corporations, mutual companies, joint stock companies,
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 legal r epresent atives, trusts, trustees, labor organizations, fiduciaries, trustees in
19 bankruptcy , or rece ivers.
20 2. It shall be a proh ibited discriminatory employment practice:
21 (1) For an employer to fail or ref use to hir e, to discharge, or otherwise to
22 discriminate against any individual with res pect to compensation or the terms,
23 conditions, or privileges of employment because of such individual's private medical
24 history or medical choices;
25 (2) For an employer to take any adverse employment action against an employee
26 based on the private medical history or medical choices of such employee or such
27 employee's dependent;
28 (3) For a labor organization to exclude or expel fr om membership or otherwise
29 to discriminate against any applicant or member because of such applicant's or
30 member's private medical history or medical choices;
31 (4) For an employment agency to fail or ref use to r efer for employment or
32 otherwise to discriminate against any individual because of such individual's private
33 medical history or medical choices; or
34 (5) For an employer , labor organization, or employment agency to print or
35 cir culate, or cause to be printed or cir culated, any statement, advertisement, or
36 publication, or to make any inquiry in connection with pr ospective employment, that
37 expr esses direct ly or indir ectly any pr eference, limitation, specification, or
3 8 discrimination because of private medical history or medical choices unless based
39 upon a bona fide occupational qualification.
40 3. The pro visions of subsection 2 of this section shall not apply if the private
41 medical history or medical choices of an individual directly impede the individual's
42 ability to perform any essential job function. Nevertheless, inquiries into an individual's
43 medical history or medical choices shall be job-rel ated and consistent with business
44 necessity .
45 4. Nothing in this section shall pr ohibit a reli gious institution, corporation,
46 association, society , health car e facility , or educational institution with historic reli gious
47 affiliation fr om:
48 (1) Pr ohibiting the pro vision of any r eprod uctive health service on pr operty
49 owned or leased by it;
50 (2) Refusing to pr ovide or pay for any rep rodu ctive health service to any patient,
51 student, or employee;
52 (3) Establishing employment policies that include req uir ements that an
53 employee follow certain medical guidelines that ar e reason ably based on the
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54 established reli gious beliefs or practices of the organization, so long as such policies
55 apply uniformly to similarly situated employees; or
56 (4) Refusing to prov ide health insurance coverage to any employee for any
57 r epro ductive health service.
213.062. 1. As used in this section, the following terms shall mean:
2 (1) "Dwelling", any building, structur e, or portion ther eof that is occupied as, or
3 designed or intended for occupancy as, a res idence by one or mor e families, and any
4 vacant land that is offer ed for sale or lease for the construction or location ther eon of
5 any such building, structure, or portion ther eof;
6 (2) "Financial institution", any bank, banking organization, mortgage company ,
7 insurance company , investment company , or other lender to whom application is made
8 for financial assistance for the pur chase, lease, acquisition, construction, r ehabilitation,
9 r epair , maintenance, or improvemen t of real pro perty , or an individual employed by or
10 acting on behalf of or as an agent of any of these;
11 (3) "Individual", one or mor e individuals;
12 (4) "Person", one or more individuals, partnerships, associations,
1 3 unincorporated organizations, corporations, mutual companies, joint stock companies,
14 legal r epresent atives, trusts, trustees, labor organizations, fiduciaries, trustees in
15 bankruptcy , or rece ivers;
16 (5) "Real estate bro ker" or "r eal estate salesperson", any person who on behalf
17 of others, for a fee, commission, salary , or other valuable consideration, or who with the
18 intention or the expectation of rece iving or collecting the same, lists, sells, pur chases,
19 exchanges, ren ts, or leases rea l estate, or the improvement ther eon, including options, or
20 who negotiates or attempts to negotiate on behalf of others such an activity; or who
21 advertises or holds himself or herself out as engaged in such activities; or who negotiates
22 or attempts to negotiate on behalf of others a loan secured by mortgage or other
23 encumbrance upon a transfer of real estate; or who is engaged in the business of
24 charging an advance fee or contracting for collection of a fee in connection with a
25 contract whereb y he or she undertakes to pr omote the sale, pur chase, exchange, r ental,
26 or lease of real estate thr ough its listing in a publication issued primarily for such
27 purpose; or an individual employed by or acting on behalf of any of these;
28 (6) "Realty", r eal estate, lands, buildings, structur es, housing accommodations,
29 dwellings, tenements, leaseholds, cooperatives, condominiums, and her editaments,
30 corpor eal or incorpore al, or any intere st in the above;
31 (7) "T o ren t", to lease, to sublease, to let, and otherwise to grant for a
32 consideration the right to occupy premis es not owned by the occupant.
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33 2. It shall be a pro hibited housing or realt y practice and shall constitute a
34 discriminatory housing practice:
35 (1) For any person, including, but not limited to, any real estate bro ker , r eal
36 estate salesperson, or agent, or any employee ther eof, to discriminate against any
37 individual because of such individual's private medical history or medical choices with
38 r espect to the use, enjoyment, or transfer , or pr ospective use, enjoyment, or transfer , of
39 any interes t whatsoever in real ty; or with res pect to the terms, conditions, privileges, or
40 services granted or rend ered in connection ther ewith; or with res pect to the making or
41 pur chasing of loans for the pur chase or maintenance of res idential r eal estate or loans in
42 the secondary market, or the provi sion of other financial assistance; or with r espect to
43 the terms, conditions, privileges, or services granted or r ender ed in connection with any
44 inter est whatsoever in rea lty; or with res pect to the making of loans secured by
45 r esidential real estate;
46 (2) For any person, including, but not limited to, any banking, money lending,
47 cr edit securing, or other financial institution, or any officer , agent, or employee ther eof,
48 to discriminate against any individual because of such individual's private medical
49 history or medical choices with res pect to the granting or withholding of cr edit or
50 financial assistance; or the extending or renewi ng of cr edit or financial assistance; or the
51 modifying of rates, terms, conditions, privileges, or other prov isions of cred it or
52 financial assistance, or services ret ained or rend ered in connection with the transfer or
53 pr ospective transfer of any interes t whatsoever in realt y or in connection with the
54 construction, re pair , impr ovement, or reh abilitation of real ty;
55 (3) For any real estate bro ker , real estate salesperson or agent, or any employee
56 ther eof, or any other person seeking financial gain ther eby , dir ectly or indir ectly , to
57 induce or solicit, or attempt to induce or solicit, the transfer of any interes t whatsoever
58 in re alty by making or distributing, or causing to be made or distributed, any statement
59 or rep res entation concerning the entry or pro spective entry into the neighborhood of an
60 individual based on such individual's private medical history or medical choices;
61 (4) For any person to ref use to sell or r ent after the making of a bona fide offer ,
62 or to r efuse to negotiate the sale or rent al of, or otherwise make unavailable or deny a
63 dwelling to any individual because of such individual's private medical history or
64 medical choices;
65 (5) For any person to discriminate against any other individual in the terms,
66 conditions, or privileges of sale or rent al of a dwelling, or in the pr ovision of services or
67 facilities in connection ther ewith, because of that individual's private medical history or
68 medical choices;
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69 (6) For any person to make, print, or publish, or cause to be made, printed, or
70 published, any notice, statement, or advertisement with res pect to the sale or rent al of a
71 dwelling that indicates any pr efer ence, limitation, or discrimination based on private
72 medical history or medical choices or an intention to make any such pr efere nce,
73 limitation, or discrimination;
74 (7) For any person to rep res ent to any individual because of such individual's
75 private medical history or medical choices that any dwelling is not available for
76 inspection, sale, or ren tal when such dwelling is, in fact, so available; or
77 (8) For any person to deny any individual access to or membership or
78 participation in any multiple-listing service, r eal estate brok ers' organization, or other
79 service, organization, or facility r elating to the business of selling or rent ing dwellings,
80 or to discriminate against him or her in the terms or conditions of such access,
81 membership, or participation on account of such individual's private medical history or
82 medical choices.
83 3. Nothing in this section shall pr ohibit a reli gious institution, corporation,
84 association, society , health car e facility , or educational institution with historic reli gious
85 affiliation fr om:
86 (1) Pr ohibiting the pro vision of any r eprod uctive health service on pr operty
87 owned or leased by it;
88 (2) Refusing to pr ovide or pay for any rep rodu ctive health service to any patient,
89 student, or employee;
90 (3) Refusing to sell, r ent, lease, inspect, transfer , or secure pr operty or grant,
91 withhold, extend, or renew cred it or financial assistance to any individuals whose
92 private medical history or medical choices conflict with the religi ous beliefs or moral
93 convictions of the relig ious institution, corporation, association, society , health car e
94 facility , or educational institution with historic rel igious affiliation; or
95 (4) Refusing to prov ide health insurance coverage to any employee for any
96 r epro ductive health service.
✔
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