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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1053
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR TRENT.
4699S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 213.010 and 213.111, RSMo, and to enact in lieu thereof two new sections
relating to civil actions in cases of unlawful discrimination.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 213.010 and 213.111, RSMo, are 1
repealed and two new sections enacted in lieu thereof, to be 2
known as sections 213.010 and 213.111, to read as follows:3
213.010. As used in this chapter, the following terms 1
shall mean: 2
(1) "Age", an age of forty or more years but less than 3
seventy years, except that it shall not be an unlawful 4
employment practice for an employer to require the 5
compulsory retirement of any person who has attained the age 6
of sixty-five and who, for the two-year period immediately 7
before retirement, is employed in a bona fide executive or 8
high policy-making position, if such person is entitled to 9
an immediate nonforfeitable annual retirement benefit from a 10
pension, profit sharing, savings or deferred compensation 11
plan, or any combination of such plans, of the employer, 12
which equals, in the aggregate, at least forty-four thousand 13
dollars; 14
(2) "Because" or "because of", as it relates to the 15
adverse decision or action, the protected criterion was the 16
motivating factor; 17
(3) "Commission", the Missouri commission on human 18
rights; 19
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(4) "Complainant", a person who has filed a complaint 20
with the commission alleging that another person has engaged 21
in a prohibited discriminatory practice; 22
(5) "Disability", a physical or mental impairment 23
which substantially limits one or more of a person's major 24
life activities, being regarded as having such an 25
impairment, or a record of having such an impairment, which 26
with or without reasonable accommodation does not interfere 27
with performing the job, utilizing the place of public 28
accommodation, or occupying the dwelling in question. For 29
purposes of this chapter, the term "disability" does not 30
include current, illegal use of or addiction to a controlled 31
substance as such term is defined by section 195.010; 32
however, a person may be considered to have a disability if 33
that person: 34
(a) Has successfully completed a supervised drug 35
rehabilitation program and is no longer engaging in the 36
illegal use of, and is not currently addicted to, a 37
controlled substance or has otherwise been rehabilitated 38
successfully and is no longer engaging in such use and is 39
not currently addicted; 40
(b) Is participating in a supervised rehabilitation 41
program and is no longer engaging in illegal use of 42
controlled substances; or 43
(c) Is erroneously regarded as currently illegally 44
using, or being addicted to, a controlled substance; 45
(6) "Discrimination", conduct proscribed herein, taken 46
because of race, color, religion, national origin, ancestry, 47
sex, or age as it relates to employment, disability, or 48
familial status as it relates to housing; 49
(7) "Dwelling", any building, structure or portion 50
thereof which is occupied as, or designed or intended for 51
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occupancy as, a residence by one or more families, and any 52
vacant land which is offered for sale or lease for the 53
construction or location thereon of any such building, 54
structure or portion thereof; 55
(8) "Employer", a person engaged in an industry 56
affecting commerce who has six or more employees for each 57
working day in each of twenty or more calendar weeks in the 58
current or preceding calendar year, and shall include the 59
state, or any political or civil subdivision thereof, or any 60
person employing six or more persons within the state but 61
does not include corporations and associations owned or 62
operated by religious or sectarian organizations. 63
"Employer" shall not include: 64
(a) The United States; 65
(b) A corporation wholly owned by the government of 66
the United States; 67
(c) An individual employed by an employer; 68
(d) An Indian tribe; 69
(e) Any department or agency of the District of 70
Columbia subject by statute to procedures of the competitive 71
service, as defined in 5 U.S.C. Section 2101; or 72
(f) A bona fide private membership club, other than a 73
labor organization, that is exempt from taxation under 26 74
U.S.C. Section 501(c); 75
(9) "Employment agency" includes any person or agency, 76
public or private, regularly undertaking with or without 77
compensation to procure employees for an employer or to 78
procure for employees opportunities to work for an employer; 79
(10) "Executive director", the executive director of 80
the Missouri commission on human rights; 81
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(11) "Familial status", one or more individuals who 82
have not attained the age of eighteen years being domiciled 83
with: 84
(a) A parent or another person having legal custody of 85
such individual; or 86
(b) The designee of such parent or other person having 87
such custody, with the written permission of such parent or 88
other person. The protections afforded against 89
discrimination because of familial status shall apply to any 90
person who is pregnant or is in the process of securing 91
legal custody of any individual who has not attained the age 92
of eighteen years; 93
(12) "Human rights fund", a fund established to 94
receive civil penalties as required by federal regulations 95
and as set forth by subdivision (2) of subsection 11 of 96
section 213.075, and which will be disbursed to offset 97
additional expenses related to compliance with the 98
Department of Housing and Urban Development regulations; 99
(13) "Labor organization" includes any organization 100
which exists for the purpose, in whole or in part, of 101
collective bargaining or of dealing with employers 102
concerning grievances, terms or conditions of employment, or 103
for other mutual aid or protection in relation to employment; 104
(14) "Local commissions", any commission or agency 105
established prior to August 13, 1986, by an ordinance or 106
order adopted by the governing body of any city, 107
constitutional charter city, town, village, or county; 108
(15) "Person" includes one or more individuals, 109
corporations, partnerships, associations, organizations, 110
labor organizations, legal representatives, mutual 111
companies, joint stock companies, trusts, trustees, trustees 112
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in bankruptcy, receivers, fiduciaries, or other organized 113
groups of persons; 114
(16) "Places of public accommodation", all places or 115
businesses offering or holding out to the general public, 116
goods, services, privileges, facilities, advantages or 117
accommodations for the peace, comfort, health, welfare and 118
safety of the general public or such public places providing 119
food, shelter, recreation and amusement, including, but not 120
limited to: 121
(a) Any inn, hotel, motel, or other establishment 122
which provides lodging to transient guests, other than an 123
establishment located within a building which contains not 124
more than five rooms for rent or hire and which is actually 125
occupied by the proprietor of such establishment as his 126
residence; 127
(b) Any restaurant, cafeteria, lunchroom, lunch 128
counter, soda fountain, or other facility principally 129
engaged in selling food for consumption on the premises, 130
including, but not limited to, any such facility located on 131
the premises of any retail establishment; 132
(c) Any gasoline station, including all facilities 133
located on the premises of such gasoline station and made 134
available to the patrons thereof; 135
(d) Any motion picture house, theater, concert hall, 136
sports arena, stadium, or other place of exhibition or 137
entertainment; 138
(e) Any public facility owned, operated, or managed by 139
or on behalf of this state or any agency or subdivision 140
thereof, or any public corporation; and any such facility 141
supported in whole or in part by public funds; 142
(f) Any establishment which is physically located 143
within the premises of any establishment otherwise covered 144
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by this section or within the premises of which is 145
physically located any such covered establishment, and which 146
holds itself out as serving patrons of such covered 147
establishment; 148
(17) "Public employer", any entity for which coverage 149
is provided by section 105.711; 150
(18) "Rent" includes to lease, to sublease, to let and 151
otherwise to grant for consideration the right to occupy 152
premises not owned by the occupant; 153
[(18)] (19) "Respondent", a person who is alleged to 154
have engaged in a prohibited discriminatory practice in a 155
complaint filed with the commission; 156
[(19)] (20) "The motivating factor", the employee's 157
protected classification actually played a role in the 158
adverse action or decision and had a determinative influence 159
on the adverse decision or action; 160
[(20)] (21) "Unlawful discriminatory practice", any 161
act that is unlawful under this chapter. 162
213.111. 1. If, after one hundred eighty days from 1
the filing of a complaint alleging an unlawful 2
discriminatory practice pursuant to section 213.055, 213.065 3
or 213.070 to the extent that the alleged violation of 4
section 213.070 relates to or involves a violation of 5
section 213.055 or 213.065, or subdivision (3) of subsection 6
1 of section 213.070 as it relates to employment and public 7
accommodations, the commission has not completed its 8
administrative processing and the person aggrieved so 9
requests in writing, the commission shall issue to the 10
person claiming to be aggrieved a letter indicating his or 11
her right to bring a civil action within ninety days of such 12
notice against the respondent named in the complaint. If, 13
after the filing of a complaint pursuant to sections 14
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213.040, 213.045, 213.050 and 213.070, to the extent that 15
the alleged violation of section 213.070 relates to or 16
involves a violation of sections 213.040, 213.045 and 17
213.050, or subdivision (3) of subsection 1 of section 18
213.070 as it relates to housing, and the person aggrieved 19
so requests in writing, the commission shall issue to the 20
person claiming to be aggrieved a letter indicating his or 21
her right to bring a civil action within ninety days of such 22
notice against the respondent named in the complaint. The 23
commission may not at any other time or for any other reason 24
issue a letter indicating a complainant's right to bring a 25
civil action. Such an action may be brought in any circuit 26
court in any county in which the unlawful discriminatory 27
practice is alleged to have been committed, either before a 28
circuit or associate circuit judge. Upon issuance of this 29
notice, the commission shall terminate all proceedings 30
relating to the complaint. No person may file or reinstate 31
a complaint with the commission after the issuance of a 32
notice under this section relating to the same practice or 33
act. Any action brought in court under this section shall 34
be filed within ninety days from the date of the 35
commission's notification letter to the individual but no 36
later than two years after the alleged cause occurred or its 37
reasonable discovery by the alleged injured party. 38
2. The court may grant as relief, as it deems 39
appropriate, any permanent or temporary injunction, 40
temporary restraining order, or other order, and may award 41
to the plaintiff actual and punitive damages, and in cases 42
not involving a public employer as one of the defendants, 43
the court may award court costs and reasonable attorney fees 44
to the prevailing party, other than a state agency or 45
commission or a local commission; except that, a prevailing 46
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respondent may be awarded reasonable attorney fees only upon 47
a showing that the case was without foundation. 48
3. Any party to any action initiated under this 49
section has a right to a trial by jury. 50
4. The sum of the amount of actual damages, including 51
damages for future pecuniary losses, emotional pain, 52
suffering, inconvenience, mental anguish, loss of enjoyment 53
of life, and other nonpecuniary losses, and punitive damages 54
awarded under this section shall not exceed for each 55
complaining party: 56
(1) Actual back pay and interest on back pay; and 57
(2) (a) In the case of a respondent who has more than 58
five and fewer than one hundred one employees in each of 59
twenty or more calendar weeks in the current or preceding 60
calendar year, fifty thousand dollars; 61
(b) In the case of a respondent who has more than one 62
hundred and fewer than two hundred one employees in each of 63
twenty or more calendar weeks in the current or preceding 64
calendar year, one hundred thousand dollars; 65
(c) In the case of a respondent who has more than two 66
hundred and fewer than five hundred one employees in each of 67
twenty or more calendar weeks in the current or preceding 68
calendar year, two hundred thousand dollars; or 69
(d) In the case of a respondent who has more than five 70
hundred employees in each of twenty or more calendar weeks 71
in the current or preceding calendar year, five hundred 72
thousand dollars. 73
5. In any employment-related civil action brought 74
under this chapter, the plaintiff shall bear the burden of 75
proving the alleged unlawful decision or action was made or 76
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taken because of his or her protected classification and was 77
the direct proximate cause of the claimed damages. 78
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