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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. 1218
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR LEWIS.
4558S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 213.010, 213.030, 213.040, 213.045, 213.050, 213.055, 213.065, 213.070, and
213.101, RSMo, and to enact in lieu thereof nine new sections relating to unlawful
discriminatory practices.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 213.010, 213.030, 213.040, 213.045, 1
213.050, 213.055, 213.065, 213.070, and 213.101, RSMo, are 2
repealed and nine new sections enacted in lieu thereof, to be 3
known as sections 213.010, 213.030, 213.040, 213.045, 213.050, 4
213.055, 213.065, 213.070, and 213.101, to read as follows:5
213.010. As used in this chapter, the following terms 1
shall mean: 2
(1) "A motivating factor", the employee's protected 3
classification that actually played a role in the adverse 4
action or decision and had a determinative influence on the 5
adverse decision or action; 6
(2) "Age", an age of forty or more years but less than 7
seventy years, except that it shall not be an unlawful 8
employment practice for an employer to require the 9
compulsory retirement of any person who has attained the age 10
of sixty-five and who, for the two-year period immediately 11
before retirement, is employed in a bona fide executive or 12
high policy-making position, if such person is entitled to 13
an immediate nonforfeitable annual retirement benefit from a 14
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pension, profit sharing, savings or deferred compensation 15
plan, or any combination of such plans, of the employer, 16
which equals, in the aggregate, at least forty-four thousand 17
dollars; 18
[(2)] (3) "Because" or "because of", as it relates to 19
the adverse decision or action, the protected criterion was 20
the motivating factor; 21
[(3)] (4) "Commission", the Missouri commission on 22
human rights; 23
[(4)] (5) "Complainant", a person who has filed a 24
complaint with the commission alleging that another person 25
has engaged in a prohibited discriminatory practice; 26
[(5)] (6) "Disability", a physical or mental 27
impairment which substantially limits one or more of a 28
person's major life activities, being regarded as having 29
such an impairment, or a record of having such an 30
impairment, which with or without reasonable accommodation 31
does not interfere with performing the job, utilizing the 32
place of public accommodation, or occupying the dwelling in 33
question. For purposes of this chapter, the term 34
"disability" does not include current, illegal use of or 35
addiction to a controlled substance as such term is defined 36
by section 195.010; however, a person may be considered to 37
have a disability if that person: 38
(a) Has successfully completed a supervised drug 39
rehabilitation program and is no longer engaging in the 40
illegal use of, and is not currently addicted to, a 41
controlled substance or has otherwise been rehabilitated 42
successfully and is no longer engaging in such use and is 43
not currently addicted; 44
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(b) Is participating in a supervised rehabilitation 45
program and is no longer engaging in illegal use of 46
controlled substances; or 47
(c) Is erroneously regarded as currently illegally 48
using, or being addicted to, a controlled substance; 49
[(6)] (7) "Discrimination", conduct proscribed herein, 50
taken because of race, color, religion, national origin, 51
ancestry, sex, [or] sexual orientation, gender identity, or 52
age, as it relates to employment, disability, veteran 53
status, or familial status as it relates to housing. 54
Discrimination includes any unfair treatment based on a 55
person's presumed or assumed race, color, religion, national 56
origin, ancestry, sex, sexual orientation, gender identity, 57
or age, as it relates to employment, disability, veteran 58
status, or familial status as it relates to housing, 59
regardless of whether the presumption or assumption as to 60
such characteristic is correct; 61
[(7)] (8) "Dwelling", any building, structure or 62
portion thereof which is occupied as, or designed or 63
intended for occupancy as, a residence by one or more 64
families, and any vacant land which is offered for sale or 65
lease for the construction or location thereon of any such 66
building, structure or portion thereof; 67
[(8)] (9) "Employer", a person engaged in an industry 68
affecting commerce who has six or more employees for each 69
working day in each of twenty or more calendar weeks in the 70
current or preceding calendar year, and shall include the 71
state, or any political or civil subdivision thereof, or any 72
person employing six or more persons within the state but 73
does not include corporations and associations owned [or] 74
and operated by religious or sectarian organizations. 75
"Employer" shall not include: 76
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(a) The United States; 77
(b) A corporation wholly owned by the government of 78
the United States; 79
(c) [An individual employed by an employer; 80
(d)] An Indian tribe; 81
[(e)] (d) Any department or agency of the District of 82
Columbia subject by statute to procedures of the competitive 83
service, as defined in 5 U.S.C. Section [2101] 2102; or 84
[(f)] (e) A bona fide private membership club, other 85
than a labor organization, that is exempt from taxation 86
under 26 U.S.C. Section 501(c); 87
[(9)] (10) "Employment agency" includes any person or 88
agency, public or private, regularly undertaking with or 89
without compensation to procure employees for an employer or 90
to procure for employees opportunities to work for an 91
employer; 92
[(10)] (11) "Executive director", the executive 93
director of the Missouri commission on human rights; 94
[(11)] (12) "Familial status", one or more individuals 95
who have not attained the age of eighteen years being 96
domiciled with: 97
(a) A parent or another person having legal custody of 98
such individual; or 99
(b) The designee of such parent or other person having 100
such custody, with the written permission of such parent or 101
other person. The protections afforded against 102
discrimination because of familial status shall apply to any 103
person who is pregnant or is in the process of securing 104
legal custody of any individual who has not attained the age 105
of eighteen years; 106
(13) "Gender identity", the gender-related identity, 107
appearance, mannerisms, or other gender-related 108
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characteristics of an individual, with or without regard to 109
the individual's assigned sex at birth; 110
[(12)] (14) "Human rights fund", a fund established to 111
receive civil penalties as required by federal regulations 112
and as set forth by subdivision (2) of subsection 11 of 113
section 213.075, and which will be disbursed to offset 114
additional expenses related to compliance with the 115
Department of Housing and Urban Development regulations; 116
[(13)] (15) "Labor organization" includes any 117
organization which exists for the purpose, in whole or in 118
part, of collective bargaining or of dealing with employers 119
concerning grievances, terms or conditions of employment, or 120
for other mutual aid or protection in relation to employment; 121
[(14)] (16) "Local commissions", any commission or 122
agency established prior to August 13, 1986, by an ordinance 123
or order adopted by the governing body of any city, 124
constitutional charter city, town, village, or county; 125
[(15)] (17) "Person" includes one or more individuals, 126
corporations, partnerships, associations, organizations, 127
labor organizations, legal representatives, mutual 128
companies, joint stock companies, trusts, trustees, trustees 129
in bankruptcy, receivers, fiduciaries, or other organized 130
groups of persons; 131
[(16)] (18) "Places of public accommodation", all 132
places or businesses offering or holding out to the general 133
public, goods, services, privileges, facilities, advantages 134
or accommodations for the peace, comfort, health, welfare 135
and safety of the general public or such public places 136
providing food, shelter, recreation and amusement, 137
including, but not limited to: 138
(a) Any inn, hotel, motel, or other establishment 139
which provides lodging to transient guests, other than an 140
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establishment located within a building which contains not 141
more than five rooms for rent or hire and which is actually 142
occupied by the proprietor of such establishment as [his] 143
the proprietor's residence; 144
(b) Any restaurant, cafeteria, lunchroom, lunch 145
counter, soda fountain, or other facility principally 146
engaged in selling food for consumption on the premises, 147
including, but not limited to, any such facility located on 148
the premises of any retail establishment; 149
(c) Any gasoline station, including all facilities 150
located on the premises of such gasoline station and made 151
available to the patrons thereof; 152
(d) Any motion picture house, theater, concert hall, 153
sports arena, stadium, or other place of exhibition or 154
entertainment; 155
(e) Any public facility owned, operated, or managed by 156
or on behalf of this state or any agency or subdivision 157
thereof, or any public corporation; and any such facility 158
supported in whole or in part by public funds; 159
(f) Any establishment which is physically located 160
within the premises of any establishment otherwise covered 161
by this section or within the premises of which is 162
physically located any such covered establishment, and which 163
holds itself out as serving patrons of such covered 164
establishment; 165
(19) "Race", includes a perception that a person is of 166
a particular racial group based upon: 167
(a) Shared physical traits associated with ancestral 168
origin or ethnicity; 169
(b) Shared cultural attributes; 170
(c) Wearing of protective hairstyles including, but 171
not limited to, hairstyles and coverings that are designed 172
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to protect textured hair from damage so it may be worn in 173
its natural state such as braids, wigs, locks, twists, and 174
afros; and 175
(d) Similar physical characteristics such as skin 176
color and facial features; 177
[(17)] (20) "Rent" includes to lease, to sublease, to 178
let and otherwise to grant for consideration the right to 179
occupy premises not owned by the occupant; 180
[(18)] (21) "Respondent", a person who is alleged to 181
have engaged in a prohibited discriminatory practice in a 182
complaint filed with the commission; 183
[(19) "The motivating factor", the employee's 184
protected classification actually played a role in the 185
adverse action or decision and had a determinative influence 186
on the adverse decision or action;] 187
(22) "Sexual orientation", one's actual or perceived 188
emotional or physical attraction to, or romantic or physical 189
relationships with, members of the same gender, members of a 190
different gender, or members of any gender; or the lack of 191
any emotional or physical attraction to, or romantic or 192
physical relationships with, anyone. The term "sexual 193
orientation" includes a history of such attraction or 194
relationship or a history of no such attraction or 195
relationship; 196
[(20)] (23) "Unlawful discriminatory practice", any 197
act that is unlawful under this chapter; 198
(24) "Veteran status", an individual who served in a 199
branch of the military of the United States or in the 200
Missouri National Guard and was discharged for any reason 201
other than dishonorable discharge or bad conduct discharge. 202
213.030. 1. The powers and duties of the commission 1
shall be: 2
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(1) To seek to eliminate and prevent discrimination 3
because of race, color, religion, national origin, ancestry, 4
sex, sexual orientation, gender identity, age, as it relates 5
to employment, disability, veteran status, or familial 6
status as it relates to housing and to take other actions 7
against discrimination because of race, color, religion, 8
national origin, ancestry, sex, sexual orientation, gender 9
identity, age, disability, veteran status, or familial 10
status as provided by law; and the commission is hereby 11
given general jurisdiction and power for such purposes; 12
(2) To implement the purposes of this chapter first by 13
conference, conciliation and persuasion so that persons may 14
be guaranteed their civil rights and goodwill be fostered; 15
(3) To formulate policies to implement the purposes of 16
this chapter and to make recommendations to agencies and 17
officers of the state and political subdivisions in aid of 18
such policies and purposes; 19
(4) To appoint such employees as it may deem 20
necessary, fix their compensation within the appropriations 21
provided and in accordance with the wage structure 22
established for other state agencies, and prescribe their 23
duties; 24
(5) To obtain upon request and utilize the services of 25
all governmental departments and agencies to be paid from 26
appropriations to this commission; 27
(6) To adopt, promulgate, amend, and rescind suitable 28
rules and regulations to carry out the provisions of this 29
chapter and the policies and practices of the commission in 30
connection therewith; 31
(7) To receive, investigate, initiate, and pass upon 32
complaints alleging discrimination in employment, housing or 33
in places of public accommodations because of race, color, 34
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religion, national origin, ancestry, sex, sexual 35
orientation, gender identity, age, as it relates to 36
employment, disability, veteran status, or familial status 37
as it relates to housing and to require the production for 38
examination of any books, papers, records, or other 39
materials relating to any matter under investigation; 40
(8) To hold hearings, subpoena witnesses, compel their 41
attendance, administer oaths, to take the testimony of any 42
person under oath, and, in connection therewith, to require 43
the production for examination of any books, papers or other 44
materials relating to any matter under investigation or in 45
question before the commission; 46
(9) To issue publications and the results of studies 47
and research which will tend to promote goodwill and 48
minimize or eliminate discrimination in housing, employment 49
or in places of public accommodation because of race, color, 50
religion, national origin, ancestry, sex, sexual 51
orientation, gender identity, age, as it relates to 52
employment, disability, veteran status, or familial status 53
as it relates to housing; 54
(10) To provide each year to the governor and to the 55
general assembly a full written report of all its activities 56
and of its recommendations; 57
(11) To adopt an official seal; 58
(12) To cooperate, act jointly, enter into cooperative 59
or work-sharing agreements with the United States Equal 60
Employment Opportunity Commission, the United States 61
Department of Housing and Urban Development, and other 62
federal agencies and local commissions or agencies to 63
achieve the purposes of this chapter; 64
(13) To accept grants, private gifts, bequests, and 65
establish funds to dispose of such moneys so long as the 66
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conditions of the grant, gift, or bequest are not 67
inconsistent with the purposes of this chapter and are used 68
to achieve the purposes of this chapter; 69
(14) To establish a human rights fund as defined in 70
section 213.010, for the purposes of administering sections 71
213.040, 213.045, 213.050, 213.070, 213.075, and 213.076. 72
2. No rule or portion of a rule promulgated under the 73
authority of this chapter shall become effective unless it 74
has been promulgated pursuant to the provisions of [section 75
536.024] chapter 536. 76
213.040. 1. It shall be an unlawful housing practice: 1
(1) To refuse to sell or rent after the making of a 2
bona fide offer, to refuse to negotiate for the sale or 3
rental of, to deny or otherwise make unavailable, a dwelling 4
to any person because of race, color, religion, national 5
origin, ancestry, sex, sexual orientation, gender identity, 6
disability, veteran status, or familial status; 7
(2) To discriminate against any person in the terms, 8
conditions, or privileges of sale or rental of a dwelling, 9
or in the provision of services or facilities in connection 10
therewith, because of race, color, religion, national 11
origin, ancestry, sex, sexual orientation, gender identity, 12
disability, veteran status, or familial status; 13
(3) To make, print, or publish, or cause to be made, 14
printed, or published any notice, statement or 15
advertisement, with respect to the sale or rental of a 16
dwelling that indicates any preference, limitation, or 17
discrimination because of race, color, religion, national 18
origin, ancestry, sex, sexual orientation, gender identity, 19
disability, veteran status, or familial status, or an 20
intention to make any such preference, limitation, or 21
discrimination; 22
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(4) To represent to any person because of race, color, 23
religion, national origin, ancestry, sex, sexual 24
orientation, gender identity, disability, veteran status, or 25
familial status that any dwelling is not available for 26
inspection, sale, or rental when such dwelling is in fact so 27
available; 28
(5) To induce or attempt to induce any person to sell 29
or rent any dwelling by representations regarding the entry 30
or prospective entry into the neighborhood of a person or 31
persons because of a particular race, color, religion, 32
national origin, ancestry, sex, sexual orientation, gender 33
identity, disability, veteran status, or familial status; 34
(6) To discriminate in the sale or rental of, or to 35
otherwise make unavailable or deny, a dwelling to any buyer 36
or renter because of a disability of: 37
(a) That buyer or renter; 38
(b) A person residing in or intending to reside in 39
that dwelling after it is so sold, rented, or made 40
available; or 41
(c) Any person associated with that buyer or renter; 42
(7) To discriminate against any person in the terms, 43
conditions, or privileges of sale or rental of a dwelling, 44
or in the provision of services or facilities in connection 45
with such dwelling, because of a disability of: 46
(a) That person; 47
(b) A person residing in or intending to reside in 48
that dwelling after it is so sold, rented, or made 49
available; or 50
(c) Any person associated with that person. 51
2. For purposes of this section and sections 213.045 52
and 213.050, discrimination includes: 53
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(1) A refusal to permit, at the expense of the person 54
with the disability, reasonable modifications of existing 55
premises occupied or to be occupied by such person if such 56
modifications may be necessary to afford such person full 57
enjoyment of the premises, except that, in the case of a 58
rental, the landlord may, where it is reasonable to do so, 59
condition permission for a modification on the renter's 60
agreeing to restore the interior of the premises to the 61
condition that existed before the modification, reasonable 62
wear and tear excepted; 63
(2) A refusal to make reasonable accommodations in 64
rules, policies, practices, or services, when such 65
accommodations may be necessary to afford such person equal 66
opportunity to use and enjoy a dwelling; or 67
(3) In connection with the design and construction of 68
covered multifamily dwellings for first occupancy after 69
March 13, 1991, a failure to design and construct those 70
dwellings in such a manner that: 71
(a) The public use and common use portions of such 72
dwellings are readily accessible to and usable by persons 73
with a disability; 74
(b) All the doors designed to allow passage into and 75
within all premises within such dwellings are sufficiently 76
wide to allow passage by persons with a disability in 77
wheelchairs; and 78
(c) All premises within such dwellings contain the 79
following features of adaptive design: 80
a. An accessible route into and through the dwelling; 81
b. Light switches, electrical outlets, thermostats, 82
and other environmental controls in accessible locations; 83
c. Reinforcements in bathroom walls to allow later 84
installation of grab bars; and 85
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d. Usable kitchens and bathrooms such that an 86
individual in a wheelchair can maneuver about the space. 87
3. As used in subdivision (3) of subsection 2 of this 88
section, the term "covered multifamily dwelling" means: 89
(1) Buildings consisting of four or more units if such 90
buildings have one or more elevators; and 91
(2) Ground floor units in other buildings consisting 92
of four or more units. 93
4. Compliance with the appropriate requirements of the 94
American National Standard for Buildings and Facilities 95
providing accessibility and usability for people with 96
physical disabilities, commonly cited as "ANSI A117.1", 97
suffices to satisfy the requirements of paragraph (a) of 98
subdivision (3) of subsection 2 of this section. 99
5. Where a unit of general local government has 100
incorporated into its laws the requirements set forth in 101
subdivision (3) of subsection 2 of this section, compliance 102
with such laws shall be deemed to satisfy the requirements 103
of that subdivision. Such compliance shall be subject to 104
the following provisions: 105
(1) A unit of general local government may review and 106
approve newly constructed covered multifamily dwellings for 107
the purpose of making determinations as to whether the 108
design and construction requirements of subdivision (3) of 109
subsection 2 of this section are met; 110
(2) The commission shall encourage, but may not 111
require, the units of local government to include in their 112
existing procedures for the review and approval of newly 113
constructed covered multifamily dwellings, determinations as 114
to whether the design and construction of such dwellings are 115
consistent with subdivision (3) of subsection 2 of this 116
section, and shall provide technical assistance to units of 117
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local government and other persons to implement the 118
requirements of subdivision (3) of subsection 2 of this 119
section; 120
(3) Nothing in this chapter shall be construed to 121
require the commission to review or approve the plans, 122
designs or construction of all covered dwellings, to 123
determine whether the design and construction of such 124
dwellings are consistent with the requirements of 125
subdivision (3) of subsection 2 of this section. 126
6. Nothing in this chapter shall be construed to 127
invalidate or limit any law of the state or political 128
subdivision of the state, or other jurisdiction in which 129
this chapter shall be effective, that requires dwellings to 130
be designed and constructed in a manner that affords persons 131
with disabilities greater access than is required by this 132
chapter. 133
7. Nothing in this section and sections 213.045 and 134
213.050 requires that a dwelling be made available to an 135
individual whose tenancy would constitute a direct threat to 136
the health or safety of other individuals or whose tenancy 137
would result in substantial physical damage to the property 138
of others. 139
8. Nothing in this section and sections 213.045 and 140
213.050 limits the applicability of any reasonable local or 141
state restriction regarding the maximum number of occupants 142
permitted to occupy a dwelling, nor does any provision in 143
this section and sections 213.045 and 213.050 regarding 144
familial status apply with respect to housing for older 145
persons. 146
9. As used in this section and sections 213.045 and 147
213.050, "housing for older persons" means housing: 148
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(1) Provided under any state or federal program that 149
the commission determines is specifically designed and 150
operated to assist elderly persons, as defined in the state 151
or federal program; 152
(2) Intended for, and solely occupied by, persons 153
sixty-two years of age or older; or 154
(3) Intended and operated for occupancy by at least 155
one person fifty-five years of age or older per unit. In 156
determining whether housing qualifies as housing for older 157
persons under this subsection, the commission shall develop 158
regulations which require at least the following factors: 159
(a) The existence of significant facilities and 160
services specifically designed to meet the physical or 161
social needs of older persons, or if the provision of such 162
facilities and services is not practicable, that such 163
housing is necessary to provide important housing 164
opportunities for older persons; and 165
(b) That at least eighty percent of the units are 166
occupied by at least one person fifty-five years of age or 167
older per unit; and 168
(c) The publication of, and adherence to, policies and 169
procedures which demonstrate an intent by the owner or 170
manager to provide housing for persons fifty-five years of 171
age or older. 172
10. Housing shall not fail to meet the requirements 173
for housing for older persons by reason of: 174
(1) Persons residing in such housing as of August 28, 175
1992, who do not meet the age requirements of subdivision 176
(2) or (3) of subsection 9 of this section, provided that 177
new occupants of such housing meet the age requirements of 178
subdivision (2) or (3) of subsection 9 of this section; or 179
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(2) Unoccupied units, provided that such units are 180
reserved for occupancy by persons who meet the age 181
requirements of subdivision (2) or (3) of subsection 9 of 182
this section. 183
11. Nothing in this section or section 213.045 or 184
213.050 shall prohibit conduct against a person because such 185
person has been convicted by any court of competent 186
jurisdiction of the illegal manufacture or distribution of a 187
controlled substance, as defined by section 195.010. 188
12. Nothing in this chapter shall prohibit a religious 189
organization, association, or society, or any nonprofit 190
institution or organization operated, supervised or 191
controlled by or in conjunction with a religious 192
organization, association, or society, from limiting the 193
sale, rental or occupancy of dwellings which it owns or 194
operates for other than a commercial purpose to persons of 195
the same religion, or from giving preference to such 196
persons, unless membership in such religion is restricted on 197
account of race, color, or national origin. Nor shall 198
anything in this chapter prohibit a private club not in fact 199
open to the public, which as an incident to its primary 200
purpose or purposes provides lodging which it owns or 201
operates for other than a commercial purpose, from limiting 202
the rental or occupancy of such lodging to its members or 203
from giving preference to its members. 204
13. Nothing in this chapter, other than the 205
prohibitions against discriminatory advertising in 206
subdivision (3) of subsection 1 of this section, shall apply 207
to: 208
(1) The sale or rental of any single family house by a 209
private individual owner, provided the following conditions 210
are met: 211
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(a) The private individual owner does not own or have 212
any interest in more than three single family houses at any 213
one time; and 214
(b) The house is sold or rented without the use of a 215
real estate broker, agent or salesperson or the facilities 216
of any person in the business of selling or renting 217
dwellings and without publication, posting or mailing of any 218
advertisement. If the owner selling the house does not 219
reside in it at the time of the sale or was not the most 220
recent resident of the house prior to such sale, the 221
exemption in this section applies to only one such sale in 222
any twenty-four-month period; or 223
(2) Rooms or units in dwellings containing living 224
quarters occupied or intended to be occupied by no more than 225
four families living independently of each other, if the 226
owner actually maintains and occupies one of such living 227
quarters as his or her residence. 228
213.045. It shall be unlawful for any bank, building 1
and loan association, insurance company or other 2
corporation, association, firm or enterprise whose business 3
consists in whole or in part in the making of commercial 4
real estate loans, to deny a loan or other financial 5
assistance because of race, color, religion, national 6
origin, ancestry, sex, sexual orientation, gender identity, 7
disability, veteran status, or familial status to a person 8
applying therefor for the purpose of purchasing, 9
construction, improving, repairing, or maintaining a 10
dwelling, or to discriminate against [him] such person in 11
fixing of the amount, interest rate, duration or other terms 12
or conditions of such loan or other financial assistance, 13
because of the race, color, religion, national origin, 14
ancestry, sex, sexual orientation, gender identity, 15
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disability, veteran status, or familial status of such 16
person or of any person associated with [him] such person in 17
connection with such loan or other financial assistance, or 18
of the present or prospective owners, lessees, tenants, or 19
occupants, of the dwellings in relation to which such loan 20
or other financial assistance is to be made or given. 21
213.050. It shall be unlawful to deny any person 1
access to or membership or participation in any multiple 2
listing service, real estate brokers' organization or other 3
service organization, or facility relating to the business 4
of selling or renting dwellings, because of race, color, 5
religion, national origin, ancestry, sex, sexual 6
orientation, gender identity, disability, veteran status, or 7
familial status. 8
213.055. 1. It shall be an unlawful employment 1
practice: 2
(1) For an employer, because of the race, color, 3
religion, national origin, sex, sexual orientation, gender 4
identity, ancestry, age [or], disability, or veteran status 5
of any individual: 6
(a) To fail or refuse to hire or to discharge any 7
individual, or otherwise to discriminate against any 8
individual with respect to [his] such individual's 9
compensation, terms, conditions, or privileges of 10
employment, because of such individual's race, color, 11
religion, national origin, sex, sexual orientation, gender 12
identity, ancestry, age [or], disability, or veteran status; 13
(b) To limit, segregate, or classify [his] employees 14
or [his] employment applicants in any way which would 15
deprive or tend to deprive any individual of employment 16
opportunities or otherwise adversely affect [his] such 17
individual's status as an employee, because of such 18
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individual's race, color, religion, national origin, sex, 19
sexual orientation, gender identity, ancestry, age [or], 20
disability, or veteran status; 21
(2) For a labor organization to exclude or to expel 22
from its membership any individual or to discriminate in any 23
way against any of its members or against any employer or 24
any individual employed by an employer because of race, 25
color, religion, national origin, sex, sexual orientation, 26
gender identity, ancestry, age [or], disability, or veteran 27
status of any individual; or to limit, segregate, or 28
classify its membership, or to classify or fail or refuse to 29
refer for employment any individual, in any way which would 30
deprive or tend to deprive any individual of employment 31
opportunities, or would limit such employment opportunities 32
or otherwise adversely affect [his] such individual's status 33
as an employee or as an applicant for employment, because of 34
such individual's race, color, religion, national origin, 35
sex, sexual orientation, gender identity, ancestry, age 36
[or], disability, or veteran status; or for any employer, 37
labor organization, or joint labor-management committee 38
controlling apprenticeship or other training or retraining, 39
including on-the-job training programs to discriminate 40
against any individual because of [his] such individual's 41
race, color, religion, national origin, sex, sexual 42
orientation, gender identity, ancestry, age [or], 43
disability, or veteran status in admission to, or employment 44
in, any program established to provide apprenticeship or 45
other training; 46
(3) For any employer or employment agency to print or 47
circulate or cause to be printed or circulated any 48
statement, advertisement or publication, or to use any form 49
of application for employment or to make any inquiry in 50
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connection with prospective employment, which expresses, 51
directly or indirectly, any limitation, specification, or 52
discrimination, because of race, color, religion, national 53
origin, sex, sexual orientation, gender identity, ancestry, 54
age [or], disability, or veteran status unless based upon a 55
bona fide occupational qualification or for an employment 56
agency to fail or refuse to refer for employment, or 57
otherwise to discriminate against, any individual because of 58
his or her race, color, religion, national origin, sex, 59
sexual orientation, gender identity, ancestry, age, as it 60
relates to employment, [or] disability, or veteran status, 61
or to classify or refer for employment any individual 62
because of [his or her] such individual's race, color, 63
religion, national origin, sex, sexual orientation, gender 64
identity, ancestry, age [or], disability, or veteran status. 65
2. Notwithstanding any other provision of this 66
chapter, it shall not be an unlawful employment practice for 67
an employer to apply different standards of compensation, or 68
different terms, conditions or privileges of employment 69
pursuant to a bona fide seniority or merit system, or a 70
system which measures earnings by quantity or quality of 71
production or to employees who work in different locations, 72
provided that such differences or such systems are not the 73
result of an intention or a design to discriminate, and are 74
not used to discriminate, because of race, color, religion, 75
sex, sexual orientation, gender identity, national origin, 76
ancestry, age [or], disability, or veteran status, nor shall 77
it be an unlawful employment practice for an employer to 78
give and to act upon the results of any professionally 79
developed ability test, provided that such test, its 80
administration, or action upon the results thereof, is not 81
designed, intended or used to discriminate because of race, 82
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color, religion, national origin, sex, sexual orientation, 83
gender identity, ancestry, age [or], disability, or veteran 84
status. 85
3. Nothing contained in this chapter shall be 86
interpreted to require any employer, employment agency, 87
labor organization, or joint labor-management committee 88
subject to this chapter to grant preferential treatment to 89
any individual or to any group because of the race, color, 90
religion, national origin, sex, sexual orientation, gender 91
identity, ancestry, age [or], disability, or veteran status 92
of such individual or group on account of an imbalance which 93
may exist with respect to the total number or percentage of 94
persons of any race, color, religion, national origin, sex, 95
sexual orientation, gender identity, ancestry, age [or], 96
disability, or veteran status employed by any employer, 97
referred or classified for employment by any employment 98
agency or labor organization, admitted to membership or 99
classified by any labor organization, or admitted to or 100
employed in any apprenticeship or other training program, in 101
comparison with the total number or percentage of persons of 102
such race, color, religion, national origin, sex, sexual 103
orientation, gender identity, ancestry, age [or], 104
disability, or veteran status in any community, state, 105
section, or other area, or in the available workforce in any 106
community, state, section, or other area. 107
4. Notwithstanding any other provision of this 108
chapter, it shall not be an unlawful employment practice for 109
the state or any political subdivision of the state to 110
comply with the provisions of 29 U.S.C. Section 623 relating 111
to employment as firefighters or law enforcement officers. 112
213.065. 1. All persons within the jurisdiction of 1
the state of Missouri are free and equal and shall be 2
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entitled to the full and equal use and enjoyment within this 3
state of any place of public accommodation, as hereinafter 4
defined, without discrimination or segregation because of 5
race, color, religion, national origin, sex, sexual 6
orientation, gender identity, ancestry, [or] disability, or 7
veteran status. 8
2. It is an unlawful discriminatory practice for any 9
person, directly or indirectly, to refuse, withhold from or 10
deny any other person, or to attempt to refuse, withhold 11
from or deny any other person, any of the accommodations, 12
advantages, facilities, services, or privileges made 13
available in any place of public accommodation, as defined 14
in section 213.010 and this section, or to segregate or 15
discriminate against any such person in the use thereof 16
because of race, color, religion, national origin, sex, 17
sexual orientation, gender identity, ancestry, [or] 18
disability, or veteran status. 19
3. The provisions of this section shall not apply to a 20
private club, a place of accommodation owned by or operated 21
on behalf of a religious corporation, association or 22
society, or other establishment which is not in fact open to 23
the public, unless the facilities of such establishments are 24
made available to the customers or patrons of a place of 25
public accommodation as defined in section 213.010 and this 26
section. 27
213.070. 1. It shall be an unlawful discriminatory 1
practice for an employer, employment agency, labor 2
organization, or place of public accommodation: 3
(1) To aid, abet, incite, compel, or coerce the 4
commission of acts prohibited under this chapter or to 5
attempt to do so; 6
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(2) To retaliate or discriminate in any manner against 7
any other person because such person has opposed any 8
practice prohibited by this chapter or because such person 9
has filed a complaint, testified, assisted, or participated 10
in any manner in any investigation, proceeding or hearing 11
conducted pursuant to this chapter; 12
(3) For the state or any political subdivision of this 13
state to discriminate on the basis of race, color, religion, 14
national origin, sex, sexual orientation, gender identity, 15
ancestry, age, as it relates to employment, disability, 16
veteran status, or familial status as it relates to housing; 17
or 18
(4) To discriminate in any manner against any other 19
person because of such person's association with any person 20
protected by this chapter. 21
2. This chapter, in addition to chapter 285 and 22
chapter 287, shall provide the exclusive remedy for any and 23
all claims for injury or damages arising out of an 24
employment relationship. 25
213.101. 1. The provisions of this chapter shall be 1
construed to accomplish the purposes thereof and any law 2
inconsistent with any provision of this chapter shall not 3
apply. Nothing contained in this chapter shall be deemed to 4
repeal any of the provisions of any law of this state 5
relating to discrimination because of race, color, religion, 6
national origin, sex, sexual orientation, gender identity, 7
ancestry, age, disability, veteran status, or familial 8
status. 9
2. The general assembly hereby expressly abrogates the 10
case of McBryde v. Ritenour School District, 207 S.W.3d 162 11
(Mo.App. E.D. 2006), and its progeny as it relates to the 12
necessity and appropriateness of the issuance of a business 13
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judgment instruction. In all civil actions brought under 14
this chapter, a jury shall be given an instruction 15
expressing the business judgment rule. 16
3. If an employer in a case brought under this chapter 17
files a motion pursuant to rule 74.04 of the Missouri rules 18
of civil procedure, the court shall consider the burden- 19
shifting analysis of McDonnell Douglas Corp. v. Green, 411 20
U.S. 792 (1973), and its progeny to be highly persuasive for 21
analysis in cases not involving direct evidence of 22
discrimination. 23
4. The general assembly hereby expressly abrogates by 24
this statute the cases of Daugherty v. City of Maryland 25
Heights, 231 S.W.3d 814 (Mo. 2007) and its progeny as they 26
relate to the contributing factor standard and abandonment 27
of the burden-shifting framework established in McDonnell 28
Douglas Corp. v. Green, 411 U.S. 792 (1973). 29
5. The general assembly hereby expressly abrogates by 30
this statute the holding in Hurst v. Kansas City Mo. School 31
District, 437 S.W.3d 327 (Mo.App. W.D. 2014), that Missouri 32
Approved Instruction 19.01 may be applied to actions brought 33
pursuant to this chapter, and the holding in Thomas v. 34
McKeever's Enterprises, Inc., 388 S.W.3d 206 (Mo.App. W.D. 35
2012), that juries shall not be instructed that plaintiffs 36
bear the burden of establishing "but for" causation in 37
actions brought pursuant to this chapter. 38
6. The general assembly hereby abrogates all Missouri- 39
approved jury instructions specifically addressing civil 40
actions brought under this chapter which were in effect 41
prior to August 28, 2017. 42
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