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SECOND REGULAR SESSION
HOUSE BILL NO. 2495
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE WEBER.
4349H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 290.400, 290.410, 290.420, 290.430, 290.440, 290.450, and 290.460,
RSMo, and to enact in lieu thereof six new sections relating to employment practices
relating to gender .
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 290.400, 290.410, 290.420, 290.430, 290.440, 290.450, and
2 290.460, RSMo, are repealed and six new sections enacted in lieu thereof, to be known as
3 sections 290.400, 290.410, 290.420, 290.430, 290.440, and 290.460, to read as follows:
290.400. 1. As used in sections 290.400 to [ 290.450 ] 290.460 the following words
2 have the meanings indicated unless the context clearly requires otherwise:
3 (1) "Commission", the labor and industrial relations commission of Missouri;
4 (2) "Employee", every woman or man in receipt of or entitled to compensation for
5 labor performed for any employer;
6 (3) "Employer", every person, firm, corporation, agent, manager , representative,
7 contractor , subcontractor , principal or other person having control or direction of any woman
8 or man employed at any labor , or responsible directly or indirectly for the wages of another;
9 (4) [ "Female", a woman of eighteen years or over;
10 (5) ] "W age rates" or "wages", [ any compensation for labor measured by time, piece,
11 or otherwise ] all compensation in any form that an employer pr ovides to an employee in
12 payment for work done or services ren dered including, but not limited to, base pay ,
13 overtime bonuses, stock options, awards, tips, or various forms of nonmonetary
14 compensation if prov ided in lieu of or in addition to monetary compensation, pr ovided
15 that such compensation has economic value to the employee .
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.
16 2. Nothing in sections 290.400 to 290.460 shall pr event an employee fr om
17 exer cising his or her rights under any other pr ovision of law .
290.410. 1. Notwithstanding any other provisions of the law , no employer shall [ pay
2 any female in his employ at wage rates less than the wage rates paid to male employees in the
3 same establishment for the same quantity and quality of the same classification of work,
4 provided that nothing herein shall prohibit a variation of rates of pay for male and female
5 employees engaged in the same classification of work based upon a dif ference in seniority ,
6 length of service, ability , skill, dif ference in duties or services performed, dif ference in the
7 shift or time of day worked, hours of work, or restrictions or prohibitions on lifting or moving
8 objects in excess of specified weight, or other reasonable dif ferentiation, or factors other than
9 sex, when exercised in good faith ] discriminate based on gender in pro viding
1 0 compensation for equal work, the performance of which requ ires equal skill, effort,
11 and res ponsibility , and which is performed under similar working conditions .
12 2. Notwithstanding the pr ovisions of subsection 1 of this section, it shall not be
13 unlawful for an employer to pay differen t wage rates to employees if such payments are
14 made pursuant to:
15 (1) A bona fide seniority or merit system;
16 (2) A system that measur es earnings by quantity or quality of prod uction;
17 (3) Any bona fide factor other than gender , pro vided that wage differ entials
18 based on varying market rates for equal jobs shall not be consider ed differ entials based
19 on bona fide factors other than gender; or
20 (4) Bona fide regi onal economic differ entials.
21 3. An employer who is paying wages in violation of this section shall not red uce
22 the wage of any employee in order to comply with this section.
23 4. No employer shall discharge, take any adverse action, or otherwise ret aliate in
24 any manner against any employee because such employee has:
25 (1) Opposed any act or practice made unlawful by this section; or
26 (2) T estified, assisted, or participated in any manner in an investigation, hearing,
27 or other pro ceeding to enfor ce this section.
28 5. No employer shall discharge, take any adverse action, or otherwise ret aliate in
29 any manner against, coer ce, intimidate, thr eaten, or interfer e with any employee
30 because such employee either inquired about, compared , or otherwise discussed the
31 employee's wages or the wages of another employee; or exerci sed, enjoyed, aided, or
32 encouraged any other employee to exer cise or enjoy any right granted or pr otected by
33 this section.
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290.420. Any af fected [ female ] employee may register with the commission a
2 complaint that the wages paid to [ her ] the employee are less than the wages to which [ she ]
3 the employee is entitled under sections 290.400 to [ 290.450 ] 290.460 .
290.430. The commission shall take all proceedings necessary to mediate the dispute
2 concerning the payment of any sums alleged to be due and unpaid to the [ female ] employees.
3 The commission shall have the power to issue such regulations not inconsistent with the
4 purpose and provisions of sections 290.400 to [ 290.450 ] 290.460 , as it deems necessary or
5 appropriate for the administration thereof.
290.440. 1. Any employer who violates section 290.410 is liable to the [ female ]
2 employee af fected in the amount of the wages of which the [ female ] employee is deprived by
3 reason of the violation and an additional amount in compensatory damages, such
4 additional amount not to exceed twice the wages awarded .
5 2. [ Any female employee receiving less than the wage to which she is entitled under
6 sections 290.400 to 290.450 may recover in a civil action the balance of the wages, together
7 with the costs of suit, notwithstanding any agreement to work for a lesser wage ] Any
8 employer who violates subsection 4 or 5 of section 290.410 is liable to any individual
9 affected in the amount of all wages and benefits lost as a r esult of the violation and, if
10 awarded, an additional amount of compensatory damages in an amount to be
11 determined by a judge or jury trial .
12 3. [ The burden of proof shall be upon the person bringing the claim to establish that
13 the dif ferentiation in rate of pay is based upon the factor of sex and not upon other dif ferences
14 or factors ] In the event of a finding that an employer has violated section 290.410, a court
15 may enjoin such employer fro m futur e violations of section 290.410 and may order the
16 employer to take such additional steps as ar e necessary including, but not limited to,
17 r eclassification of affected workers to ensure an end to the employer's gender -based pay
18 practices, or if the employer has engaged in unlawful ret aliation pr ohibited by section
19 290.410, the court may order such r elief as to make the employee whole, including
20 r einstatement .
21 4. Any employee prevai ling in a civil action br ought under sections 290.400 to
22 290.460, in addition to the r emedies set forth in this section, may also recover court costs
23 and rea sonable attorney's fees, notwithstanding any agr eement to work for a lesser
24 wage. Any action brou ght under sections 290.400 to 290.460 shall be commenced within
25 two years after the alleged violation occurs or the date of the rea sonable discovery of
26 such violation.
27 5. If an employee can show a deliberate pattern of violations of the pr ovisions of
28 sections 290.400 to 290.460, the court may order the employer to pay punitive damages
29 to the employee in addition to any other compensation or injunctive rel ief order ed.
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290.460. The commission shall carry on a continuing program of education,
2 information, study , and community or ganization concerning the problems of [ female ]
3 employees in seeking, obtaining and holding employment without discrimination on account
4 of sex. The commission's power and duties shall include but not be limited to the following:
5 (1) Promote in cooperation with the federal government, state, local and private
6 agencies and or ganizations, programs to eliminate discrimination in employment based solely
7 on sex;
8 (2) Promote research with the view to reducing barriers based solely on sex in the
9 hire, employment and retention of [ female ] employees;
10 (3) Sponsor and correlate in communities of the state, information and educational
11 programs intended to reduce or abolish discrimination in employment based solely on sex;
12 (4) Recommend to the governor , from time to time, any specific proposals for
13 legislation as may be deemed necessary and proper for the elimination in employment of
14 discrimination based solely on sex.
[ 290.450. Any action based upon or arising under sections 290.400 to
2 290.450 shall be instituted in the circuit court within six months after the date
3 of the alleged violation, but in no event shall any employer be liable for any
4 pay due under sections 290.400 to 290.450 for more than thirty days prior to
5 receipt by the employer of written notice of claim thereof from the female
6 employee. ]
✔
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