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SECOND REGULAR SESSION
HOUSE BILL NO. 2715
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE DIEHL.
6139H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 213.010 and 213.1 1 1, RSMo, and to enact in lieu thereof two new sections
relating to certain civil remedies for unlawful discriminatory practices.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 213.010 and 213.1 1 1, RSMo, are repealed and two new sections
2 enacted in lieu thereof, to be known as sections 213.010 and 213.1 1 1, to read as follows:
213.010. As used in this chapter , the following terms shall mean:
2 (1) "Age", an age of forty or more years but less than seventy years, except that it
3 shall not be an unlawful employment practice for an employer to require the compulsory
4 retirement of any person who has attained the age of sixty-five and who, for the two-year
5 period immediately before retirement, is employed in a bona fide executive or high policy-
6 making position, if such person is entitled to an immediate nonforfeitable annual retirement
7 benefit from a pension, profit sharing, savings or deferred compensation plan, or any
8 combination of such plans, of the employer , which equals, in the aggregate, at least forty-four
9 thousand dollars;
10 (2) "Because" or "because of", as it relates to the adverse decision or action, the
11 protected criterion was the motivating factor;
12 (3) "Commission", the Missouri commission on human rights;
13 (4) "Complainant", a person who has filed a complaint with the commission alleging
14 that another person has engaged in a prohibited discriminatory practice;
15 (5) "Disability", a physical or mental impairment which substantially limits one or
16 more of a person's major life activities, being regarded as having such an impairment, or a
17 record of having such an impairment, which with or without reasonable accommodation does
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 not interfere with performing the job, utilizing the place of public accommodation, or
19 occupying the dwelling in question. For purposes of this chapter , the term "disability" does
20 not include current, illegal use of or addiction to a controlled substance as such term is
21 defined by section 195.010; however , a person may be considered to have a disability if that
22 person:
23 (a) Has successfully completed a supervised drug rehabilitation program and is no
24 longer engaging in the illegal use of, and is not currently addicted to, a controlled substance or
25 has otherwise been rehabilitated successfully and is no longer engaging in such use and is not
26 currently addicted;
27 (b) Is participating in a supervised rehabilitation program and is no longer engaging
28 in illegal use of controlled substances; or
29 (c) Is erroneously regarded as currently illegally using, or being addicted to, a
30 controlled substance;
31 (6) "Discrimination", conduct proscribed herein, taken because of race, color ,
32 religion, national origin, ancestry , sex, or age as it relates to employment, disability , or
33 familial status as it relates to housing;
34 (7) "Dwelling", any building, structure or portion thereof which is occupied as, or
35 designed or intended for occupancy as, a residence by one or more families, and any vacant
36 land which is offer ed for sale or lease for the construction or location thereon of any such
37 building, structure or portion thereof;
38 (8) "Employer", a person engaged in an industry af fecting commerce who has six or
39 more employees for each working day in each of twenty or more calendar weeks in the
40 current or preceding calendar year , and shall include the state, or any political or civil
41 subdivision thereof, or any person employing six or more persons within the state but does
42 not include corporations and associations owned or operated by religious or sectarian
43 or ganizations. "Employer" shall not include:
44 (a) The United States;
45 (b) A corporation wholly owned by the government of the United States;
46 (c) An individual employed by an employer;
47 (d) An Indian tribe;
48 (e) Any department or agency of the District of Columbia subject by statute to
49 procedures of the competitive service, as defined in 5 U.S.C. Section [ 2101 ] 2102 ; or
50 (f) A bona fide private membership club, other than a labor or ganization, that is
51 exempt from taxation under 26 U.S.C. Section 501(c);
52 (9) "Employment agency" includes any person or agency , public or private, regularly
53 undertaking with or without compensation to procure employees for an employer or to
54 procure for employees opportunities to work for an employer;
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55 (10) "Executive director", the executive director of the Missouri commission on
56 human rights;
57 (1 1) "Familial status", one or more individuals who have not attained the age of
58 eighteen years being domiciled with:
59 (a) A parent or another person having legal custody of such individual; or
60 (b) The designee of such parent or other person having such custody , with the written
61 permission of such parent or other person. The protections affor ded against discrimination
62 because of familial status shall apply to any person who is pregnant or is in the process of
63 securing legal custody of any individual who has not attained the age of eighteen years;
64 (12) "Human rights fund", a fund established to receive civil penalties as required by
65 federal regulations and as set forth by subdivision (2) of subsection 1 1 of section 213.075, and
66 which will be disbursed to of fset additional expenses related to compliance with the
67 Department of Housing and Urban Development regulations;
68 (13) "Labor or ganization" includes any org anization which exists for the purpose, in
69 whole or in part, of collective bar gaining or of dealing with employers concerning grievances,
70 terms or conditions of employment, or for other mutual aid or protection in relation to
71 employment;
72 (14) "Local commissions", any commission or agency established prior to August 13,
73 1986, by an ordinance or order adopted by the governing body of any city , constitutional
74 charter city , town, village, or county;
75 (15) "Person" includes one or more individuals, corporations, partnerships,
76 associations, or ganizations, labor or ganizations, legal representatives, mutual companies,
77 joint stock companies, trusts, trustees, trustees in bankruptcy , receivers, fiduciaries, or other
78 or ganized groups of persons;
79 (16) "Places of public accommodation", all places or businesses of fering or holding
80 out to the general public, goods, services, privileges, facilities, advantages or
8 1 accommodations for the peace, comfort, health, welfare and safety of the general public or
82 such public places providing food, shelter , recreation and amusement, including, but not
83 limited to:
84 (a) Any inn, hotel, motel, or other establishment which provides lodging to transient
85 guests, other than an establishment located within a building which contains not more than
86 five rooms for rent or hire and which is actually occupied by the proprietor of such
87 establishment as his residence;
88 (b) Any restaurant, cafeteria, lunchroom, lunch counter , soda fountain, or other
89 facility principally engaged in selling food for consumption on the premises, including, but
90 not limited to, any such facility located on the premises of any retail establishment;
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91 (c) Any gasoline station, including all facilities located on the premises of such
92 gasoline station and made available to the patrons thereof;
93 (d) Any motion picture house, theater , concert hall, sports arena, stadium, or other
94 place of exhibition or entertainment;
95 (e) Any public facility owned, operated, or managed by or on behalf of this state or
96 any agency or subdivision thereof, or any public corporation; and any such facility supported
97 in whole or in part by public funds;
98 (f) Any establishment which is physically located within the premises of any
99 establishment otherwise covered by this section or within the premises of which is physically
100 located any such covered establishment, and which holds itself out as serving patrons of such
101 covered establishment;
102 (17) "Public employer", any entity for which coverage is pr ovided by section
103 105.71 1;
104 (18) "Rent" includes to lease, to sublease, to let and otherwise to grant for
105 consideration the right to occupy premises not owned by the occupant;
106 [ (18) ] (19) "Respondent", a person who is alleged to have engaged in a prohibited
107 discriminatory practice in a complaint filed with the commission;
108 [ (19) ] (20) "The motivating factor", the employee's protected classification actually
109 played a role in the adverse action or decision and had a determinative influence on the
110 adverse decision or action;
111 [ (20) ] (21) "Unlawful discriminatory practice", any act that is unlawful under this
112 chapter .
213.1 1 1. 1. If, after one hundred eighty days from the filing of a complaint alleging
2 an unlawful discriminatory practice pursuant to section 213.055, 213.065 or 213.070 to the
3 extent that the alleged violation of section 213.070 relates to or involves a violation of section
4 213.055 or 213.065, or subdivision (3) of subsection 1 of section 213.070 as it relates to
5 employment and public accommodations, the commission has not completed its
6 administrative processing and the person aggrieved so requests in writing, the commission
7 shall issue to the person claiming to be aggrieved a letter indicating his or her right to bring a
8 civil action within ninety days of such notice against the respondent named in the complaint.
9 If, after the filing of a complaint pursuant to sections 213.040, 213.045, 213.050 and 213.070,
10 to the extent that the alleged violation of section 213.070 relates to or involves a violation of
11 sections 213.040, 213.045 and 213.050, or subdivision (3) of subsection 1 of section 213.070
12 as it relates to housing, and the person aggrieved so requests in writing, the commission shall
13 issue to the person claiming to be aggrieved a letter indicating his or her right to bring a civil
14 action within ninety days of such notice against the respondent named in the complaint. The
15 commission may not at any other time or for any other reason issue a letter indicating a
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16 complainant's right to bring a civil action. Such an action may be brought in any circuit court
17 in any county in which the unlawful discriminatory practice is alleged to have been
18 committed, either before a circuit or associate circuit judge. Upon issuance of this notice, the
19 commission shall terminate all proceedings relating to the complaint. No person may file or
20 reinstate a complaint with the commission after the issuance of a notice under this section
21 relating to the same practice or act. Any action brought in court under this section shall be
22 filed within ninety days from the date of the commission's notification letter to the individual
23 but no later than two years after the alleged cause occurred or its reasonable discovery by the
24 alleged injured party .
25 2. The court may grant as relief, as it deems appropriate, any permanent or temporary
26 injunction, temporary restraining order , or other order , and may award to the plaintif f actual
27 and punitive damages, and , in cases not involving a public employer as one of the
28 defendants, the court may award court costs and reasonable [ attorney ] attorney's fees to the
29 prevailing party , other than a state agency or commission or a local commission; except that, a
30 prevailing respondent may be awarded reasonable [ attorney ] attorney's fees only upon a
31 showing that the case was without foundation.
32 3. Any party to any action initiated under this section has a right to a trial by jury .
33 4. The sum of the amount of actual damages, including damages for future pecuniary
34 losses, emotional pain, suff ering, inconvenience, mental anguish, loss of enjoyment of life,
35 and other nonpecuniary losses, and punitive damages awarded under this section shall not
36 exceed for each complaining party:
37 (1) Actual back pay and interest on back pay; and
38 (2) (a) In the case of a respondent who has more than five and fewer than one
39 hundred one employees in each of twenty or more calendar weeks in the current or preceding
40 calendar year , fifty thousand dollars;
41 (b) In the case of a respondent who has more than one hundred and fewer than two
42 hundred one employees in each of twenty or more calendar weeks in the current or preceding
43 calendar year , one hundred thousand dollars;
44 (c) In the case of a respondent who has more than two hundred and fewer than five
45 hundred one employees in each of twenty or more calendar weeks in the current or preceding
46 calendar year , two hundred thousand dollars; or
47 (d) In the case of a respondent who has more than five hundred employees in each of
48 twenty or more calendar weeks in the current or preceding calendar year , five hundred
49 thousand dollars.
50 5. In any employment-related civil action brought under this chapter , the plaintiff
51 shall bear the burden of proving the alleged unlawful decision or action was made or taken
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52 because of his or her protected classification and was the direct proximate cause of the
53 claimed damages.
✔
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