Modifies provisions relating to unlawful discriminatory practices

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. 1633
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR WEBBER.
5577S.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,
213.075, 213.101, 213.111, and 285.575, RSMo, and to enact in lieu thereof eleven
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, 213.075, 213.101, 213.111, 2
and 285.575, RSMo, are repealed and eleven new sections enacted 3
in lieu thereof, to be known as sections 213.010, 213.030, 4
213.040, 213.045, 213.050, 213.055, 213.065, 213.070, 213.075, 5
213.101, and 213.111, to read as follows:6
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
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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
[(4)] (3) "Complainant", a person who has filed a 20
complaint with the commission alleging that another person 21
has engaged in a prohibited discriminatory practice; 22
[(5)] (4) "Disability", a physical or mental 23
impairment which substantially limits one or more of a 24
person's major life activities, being regarded as having 25
such an impairment, or a record of having such an 26
impairment, which with or without reasonable accommodation 27
does not interfere with performing the job, utilizing the 28
place of public accommodation, or occupying the dwelling in 29
question. For purposes of this chapter, the term 30
"disability" does not include current, illegal use of or 31
addiction to a controlled substance as such term is defined 32
by section 195.010; however, a person may be considered to 33
have a disability if 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
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(c) Is erroneously regarded as currently illegally 44
using, or being addicted to, a controlled substance; 45
[(6)] (5) "Discrimination", [conduct proscribed 46
herein, taken because of] any unfair treatment on the basis 47
of race, color, religion, national origin, ancestry, sex, 48
[or] sexual orientation, gender identity, or age, as it 49
relates to employment, disability, veteran status, or 50
familial status as it relates to housing. Discrimination 51
includes any unfair treatment based on a person’s presumed 52
or assumed race, color, religion, national origin, ancestry, 53
sex, sexual orientation, gender identity, age, as it relates 54
to employment, disability, veteran status, or familial 55
status as it relates to housing, regardless of whether the 56
presumption or assumption as to such characteristic is 57
correct; 58
[(7)] (6) "Dwelling", any building, structure or 59
portion thereof which is occupied as, or designed or 60
intended for occupancy as, a residence by one or more 61
families, and any vacant land which is offered for sale or 62
lease for the construction or location thereon of any such 63
building, structure or portion thereof; 64
[(8)] (7) "Employer", [a person engaged in an industry 65
affecting commerce who has six or more employees for each 66
working day in each of twenty or more calendar weeks in the 67
current or preceding calendar year, and shall include] 68
includes the state, or any political or civil subdivision 69
thereof, or any person employing six or more persons within 70
the state, and any person directly acting in the interest of 71
an employer, but does not include corporations and 72
associations owned [or] and operated by religious or 73
sectarian [organizations. "Employer" shall not include: 74
(a) The United States; 75
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(b) A corporation wholly owned by the government of 76
the United States; 77
(c) An individual employed by an employer; 78
(d) An Indian tribe; 79
(e) Any department or agency of the District of 80
Columbia subject by statute to procedures of the competitive 81
service, as defined in 5 U.S.C. Section 2101; or 82
(f) A bona fide private membership club, other than a 83
labor organization, that is exempt from taxation under 26 84
U.S.C. Section 501(c)] groups; 85
[(9)] (8) "Employment agency" includes any person or 86
agency, public or private, regularly undertaking with or 87
without compensation to procure employees for an employer or 88
to procure for employees opportunities to work for an 89
employer; 90
[(10)] (9) "Executive director", the executive 91
director of the Missouri commission on human rights; 92
[(11)] (10) "Familial status", one or more individuals 93
who have not attained the age of eighteen years being 94
domiciled with: 95
(a) A parent or another person having legal custody of 96
such individual; or 97
(b) The designee of such parent or other person having 98
such custody, with the written permission of such parent or 99
other person. The protections afforded against 100
discrimination [because of] on the basis of familial status 101
shall apply to any person who is pregnant or is in the 102
process of securing legal custody of any individual who has 103
not attained the age of eighteen years; 104
(11) "Gender identity", the gender-related identity, 105
appearance, mannerisms, or other gender-related 106
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characteristics of an individual, with or without regard to 107
the individual's assigned sex at birth; 108
(12) "Human rights fund", a fund established to 109
receive civil penalties as required by federal regulations 110
and as set forth by subdivision (2) of subsection 11 of 111
section 213.075, and which will be disbursed to offset 112
additional expenses related to compliance with the 113
Department of Housing and Urban Development regulations; 114
(13) "Labor organization" includes any organization 115
which exists for the purpose, in whole or in part, of 116
collective bargaining or of dealing with employers 117
concerning grievances, terms or conditions of employment, or 118
for other mutual aid or protection in relation to employment; 119
(14) "Local commissions", any commission or agency 120
established prior to August 13, 1986, by an ordinance or 121
order adopted by the governing body of any city, 122
constitutional charter city, town, village, or county; 123
(15) "Person" includes one or more individuals, 124
corporations, partnerships, associations, organizations, 125
labor organizations, legal representatives, mutual 126
companies, joint stock companies, trusts, trustees, trustees 127
in bankruptcy, receivers, fiduciaries, or other organized 128
groups of persons; 129
(16) "Places of public accommodation", all places or 130
businesses offering or holding out to the general public, 131
goods, services, privileges, facilities, advantages or 132
accommodations for the peace, comfort, health, welfare and 133
safety of the general public or such public places providing 134
food, shelter, recreation and amusement, including, but not 135
limited to: 136
(a) Any inn, hotel, motel, or other establishment 137
which provides lodging to transient guests, other than an 138
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establishment located within a building which contains not 139
more than five rooms for rent or hire and which is actually 140
occupied by the proprietor of such establishment as [his] 141
the proprietor's residence; 142
(b) Any restaurant, cafeteria, lunchroom, lunch 143
counter, soda fountain, or other facility principally 144
engaged in selling food for consumption on the premises, 145
including, but not limited to, any such facility located on 146
the premises of any retail establishment; 147
(c) Any gasoline station, including all facilities 148
located on the premises of such gasoline station and made 149
available to the patrons thereof; 150
(d) Any motion picture house, theater, concert hall, 151
sports arena, stadium, or other place of exhibition or 152
entertainment; 153
(e) Any public facility owned, operated, or managed by 154
or on behalf of this state or any agency or subdivision 155
thereof, or any public corporation; and any such facility 156
supported in whole or in part by public funds; 157
(f) Any establishment which is physically located 158
within the premises of any establishment otherwise covered 159
by this section or within the premises of which is 160
physically located any such covered establishment, and which 161
holds itself out as serving patrons of such covered 162
establishment; 163
(17) "Race", includes a perception that a person is of 164
a particular racial group based upon: 165
(a) Shared physical traits associated with ancestral 166
origin or ethnicity; 167
(b) Shared cultural attributes; 168
(c) Wearing of protective hairstyles including, but 169
not limited to, hairstyles and coverings that are designed 170
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to protect textured hair from damage so it may be worn in 171
its natural state such as braids, wigs, locks, twists, and 172
afros; and 173
(d) Similar physical characteristics such as skin 174
color and facial features; 175
[(17)] (18) "Rent" includes to lease, to sublease, to 176
let and otherwise to grant for consideration the right to 177
occupy premises not owned by the occupant; 178
[(18)] (19) "Respondent", a person who is alleged to 179
have engaged in a prohibited discriminatory practice in a 180
complaint filed with the commission; 181
[(19) "The motivating factor", the employee's 182
protected classification actually played a role in the 183
adverse action or decision and had a determinative influence 184
on the adverse decision or action;] 185
(20) "Sexual orientation", one's actual or perceived 186
emotional or physical attraction to, or romantic or physical 187
relationships with, members of the same gender, members of a 188
different gender, or members of any gender; or the lack of 189
any emotional or physical attraction to, or romantic or 190
physical relationships with, anyone. The term "sexual 191
orientation" includes a history of such attraction or 192
relationship or a history of no such attraction or 193
relationship; 194
[(20)] (21) "Unlawful discriminatory practice", any 195
act that is unlawful under this chapter; 196
(22) "Veteran status", means an individual served in a 197
branch of the military of the United States or in the 198
Missouri National Guard and was discharged for any reason 199
other than dishonorable discharge or bad conduct discharge. 200
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] on the basis of race, color, religion, national 4
origin, ancestry, sex, sexual orientation, gender identity, 5
age, as it relates to employment, disability, veteran 6
status, or familial status as it relates to housing and to 7
take other actions against discrimination [because] on the 8
basis of race, color, religion, national origin, ancestry, 9
sex, sexual orientation, gender identity, age, disability, 10
veteran status, or familial status as provided by law; and 11
the commission is hereby given general jurisdiction and 12
power for such purposes; 13
(2) To implement the purposes of this chapter first by 14
conference, conciliation and persuasion so that persons may 15
be guaranteed their civil rights and goodwill be fostered; 16
(3) To formulate policies to implement the purposes of 17
this chapter and to make recommendations to agencies and 18
officers of the state and political subdivisions in aid of 19
such policies and purposes; 20
(4) To appoint such employees as it may deem 21
necessary, fix their compensation within the appropriations 22
provided and in accordance with the wage structure 23
established for other state agencies, and prescribe their 24
duties; 25
(5) To obtain upon request and utilize the services of 26
all governmental departments and agencies to be paid from 27
appropriations to this commission; 28
(6) To adopt, promulgate, amend, and rescind suitable 29
rules and regulations to carry out the provisions of this 30
chapter and the policies and practices of the commission in 31
connection therewith; 32
(7) To receive, investigate, initiate, and pass upon 33
complaints alleging discrimination in employment, housing or 34
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in places of public accommodations [because] on the basis of 35
race, color, religion, national origin, ancestry, sex, 36
sexual orientation, gender identity, age, as it relates to 37
employment, disability, veteran status, or familial status 38
as it relates to housing and to require the production for 39
examination of any books, papers, records, or other 40
materials relating to any matter under investigation; 41
(8) To hold hearings, subpoena witnesses, compel their 42
attendance, administer oaths, to take the testimony of any 43
person under oath, and, in connection therewith, to require 44
the production for examination of any books, papers or other 45
materials relating to any matter under investigation or in 46
question before the commission; 47
(9) To issue publications and the results of studies 48
and research which will tend to promote goodwill and 49
minimize or eliminate discrimination in housing, employment 50
or in places of public accommodation [because] on the basis 51
of race, color, religion, national origin, ancestry, sex, 52
sexual orientation, gender identity, age, as it relates to 53
employment, disability, veteran status, or familial status 54
as it relates to housing; 55
(10) To provide each year to the governor and to the 56
general assembly a full written report of all its activities 57
and of its recommendations; 58
(11) To adopt an official seal; 59
(12) To cooperate, act jointly, enter into cooperative 60
or work-sharing agreements with the United States Equal 61
Employment Opportunity Commission, the United States 62
Department of Housing and Urban Development, and other 63
federal agencies and local commissions or agencies to 64
achieve the purposes of this chapter; 65
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(13) To accept grants, private gifts, bequests, and 66
establish funds to dispose of such moneys so long as the 67
conditions of the grant, gift, or bequest are not 68
inconsistent with the purposes of this chapter and are used 69
to achieve the purposes of this chapter; 70
(14) To establish a human rights fund as defined in 71
section 213.010, for the purposes of administering sections 72
213.040, 213.045, 213.050, 213.070, 213.075, and 213.076. 73
2. No rule or portion of a rule promulgated under the 74
authority of this chapter shall become effective unless it 75
has been promulgated pursuant to the provisions of [section 76
536.024] chapter 536. 77
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] on the basis of race, color, 5
religion, national origin, ancestry, sex, sexual 6
orientation, gender identity, disability, veteran status, or 7
familial status; 8
(2) To discriminate against any person in the terms, 9
conditions, or privileges of sale or rental of a dwelling, 10
or in the provision of services or facilities in connection 11
therewith, [because] on the basis of race, color, religion, 12
national origin, ancestry, sex, sexual orientation, gender 13
identity, disability, veteran status, or familial status; 14
(3) To make, print, or publish, or cause to be made, 15
printed, or published any notice, statement or 16
advertisement, with respect to the sale or rental of a 17
dwelling that indicates any preference, limitation, or 18
discrimination [because] on the basis of race, color, 19
religion, national origin, ancestry, sex, sexual 20
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orientation, gender identity, disability, veteran status, or 21
familial status, or an intention to make any such 22
preference, limitation, or discrimination; 23
(4) To represent to any person [because] on the basis 24
of race, color, religion, national origin, ancestry, sex, 25
sexual orientation, gender identity, disability, veteran 26
status, or familial status that any dwelling is not 27
available for inspection, sale, or rental when such dwelling 28
is in fact so available; 29
(5) To induce or attempt to induce any person to sell 30
or rent any dwelling by representations regarding the entry 31
or prospective entry into the neighborhood of a person or 32
persons [because] on the basis of a particular race, color, 33
religion, national origin, ancestry, sex, sexual 34
orientation, gender identity, disability, veteran status, or 35
familial status; 36
(6) To discriminate in the sale or rental of, or to 37
otherwise make unavailable or deny, a dwelling to any buyer 38
or renter [because] on the basis of a disability of: 39
(a) That buyer or renter; 40
(b) A person residing in or intending to reside in 41
that dwelling after it is so sold, rented, or made 42
available; or 43
(c) Any person associated with that buyer or renter; 44
(7) To discriminate against any person in the terms, 45
conditions, or privileges of sale or rental of a dwelling, 46
or in the provision of services or facilities in connection 47
with such dwelling, [because] on the basis of a disability 48
of: 49
(a) That person; 50
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(b) A person residing in or intending to reside in 51
that dwelling after it is so sold, rented, or made 52
available; or 53
(c) Any person associated with that person. 54
2. For purposes of this section and sections 213.045 55
and 213.050, discrimination includes: 56
(1) A refusal to permit, at the expense of the person 57
with the disability, reasonable modifications of existing 58
premises occupied or to be occupied by such person if such 59
modifications may be necessary to afford such person full 60
enjoyment of the premises, except that, in the case of a 61
rental, the landlord may, where it is reasonable to do so, 62
condition permission for a modification on the renter's 63
agreeing to restore the interior of the premises to the 64
condition that existed before the modification, reasonable 65
wear and tear excepted; 66
(2) A refusal to make reasonable accommodations in 67
rules, policies, practices, or services, when such 68
accommodations may be necessary to afford such person equal 69
opportunity to use and enjoy a dwelling; or 70
(3) In connection with the design and construction of 71
covered multifamily dwellings for first occupancy after 72
March 13, 1991, a failure to design and construct those 73
dwellings in such a manner that: 74
(a) The public use and common use portions of such 75
dwellings are readily accessible to and usable by persons 76
with a disability; 77
(b) All the doors designed to allow passage into and 78
within all premises within such dwellings are sufficiently 79
wide to allow passage by persons with a disability in 80
wheelchairs; and 81
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(c) All premises within such dwellings contain the 82
following features of adaptive design: 83
a. An accessible route into and through the dwelling; 84
b. Light switches, electrical outlets, thermostats, 85
and other environmental controls in accessible locations; 86
c. Reinforcements in bathroom walls to allow later 87
installation of grab bars; and 88
d. Usable kitchens and bathrooms such that an 89
individual in a wheelchair can maneuver about the space. 90
3. As used in subdivision (3) of subsection 2 of this 91
section, the term "covered multifamily dwelling" means: 92
(1) Buildings consisting of four or more units if such 93
buildings have one or more elevators; and 94
(2) Ground floor units in other buildings consisting 95
of four or more units. 96
4. Compliance with the appropriate requirements of the 97
American National Standard for Buildings and Facilities 98
providing accessibility and usability for people with 99
physical disabilities, commonly cited as "ANSI A117.1", 100
suffices to satisfy the requirements of paragraph (a) of 101
subdivision (3) of subsection 2 of this section. 102
5. Where a unit of general local government has 103
incorporated into its laws the requirements set forth in 104
subdivision (3) of subsection 2 of this section, compliance 105
with such laws shall be deemed to satisfy the requirements 106
of that subdivision. Such compliance shall be subject to 107
the following provisions: 108
(1) A unit of general local government may review and 109
approve newly constructed covered multifamily dwellings for 110
the purpose of making determinations as to whether the 111
design and construction requirements of subdivision (3) of 112
subsection 2 of this section are met; 113
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(2) The commission shall encourage, but may not 114
require, the units of local government to include in their 115
existing procedures for the review and approval of newly 116
constructed covered multifamily dwellings, determinations as 117
to whether the design and construction of such dwellings are 118
consistent with subdivision (3) of subsection 2 of this 119
section, and shall provide technical assistance to units of 120
local government and other persons to implement the 121
requirements of subdivision (3) of subsection 2 of this 122
section; 123
(3) Nothing in this chapter shall be construed to 124
require the commission to review or approve the plans, 125
designs or construction of all covered dwellings, to 126
determine whether the design and construction of such 127
dwellings are consistent with the requirements of 128
subdivision (3) of subsection 2 of this section. 129
6. Nothing in this chapter shall be construed to 130
invalidate or limit any law of the state or political 131
subdivision of the state, or other jurisdiction in which 132
this chapter shall be effective, that requires dwellings to 133
be designed and constructed in a manner that affords persons 134
with disabilities greater access than is required by this 135
chapter. 136
7. Nothing in this section and sections 213.045 and 137
213.050 requires that a dwelling be made available to an 138
individual whose tenancy would constitute a direct threat to 139
the health or safety of other individuals or whose tenancy 140
would result in substantial physical damage to the property 141
of others. 142
8. Nothing in this section and sections 213.045 and 143
213.050 limits the applicability of any reasonable local or 144
state restriction regarding the maximum number of occupants 145
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permitted to occupy a dwelling, nor does any provision in 146
this section and sections 213.045 and 213.050 regarding 147
familial status apply with respect to housing for older 148
persons. 149
9. As used in this section and sections 213.045 and 150
213.050, "housing for older persons" means housing: 151
(1) Provided under any state or federal program that 152
the commission determines is specifically designed and 153
operated to assist elderly persons, as defined in the state 154
or federal program; 155
(2) Intended for, and solely occupied by, persons 156
sixty-two years of age or older; or 157
(3) Intended and operated for occupancy by at least 158
one person fifty-five years of age or older per unit. In 159
determining whether housing qualifies as housing for older 160
persons under this subsection, the commission shall develop 161
regulations which require at least the following factors: 162
(a) The existence of significant facilities and 163
services specifically designed to meet the physical or 164
social needs of older persons, or if the provision of such 165
facilities and services is not practicable, that such 166
housing is necessary to provide important housing 167
opportunities for older persons; and 168
(b) That at least eighty percent of the units are 169
occupied by at least one person fifty-five years of age or 170
older per unit; and 171
(c) The publication of, and adherence to, policies and 172
procedures which demonstrate an intent by the owner or 173
manager to provide housing for persons fifty-five years of 174
age or older. 175
10. Housing shall not fail to meet the requirements 176
for housing for older persons by reason of: 177
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(1) Persons residing in such housing as of August 28, 178
1992, who do not meet the age requirements of subdivision 179
(2) or (3) of subsection 9 of this section, provided that 180
new occupants of such housing meet the age requirements of 181
subdivision (2) or (3) of subsection 9 of this section; or 182
(2) Unoccupied units, provided that such units are 183
reserved for occupancy by persons who meet the age 184
requirements of subdivision (2) or (3) of subsection 9 of 185
this section. 186
11. Nothing in this section or section 213.045 or 187
213.050 shall prohibit conduct against a person because such 188
person has been convicted by any court of competent 189
jurisdiction of the illegal manufacture or distribution of a 190
controlled substance, as defined by section 195.010. 191
12. Nothing in this chapter shall prohibit a religious 192
organization, association, or society, or any nonprofit 193
institution or organization operated, supervised or 194
controlled by or in conjunction with a religious 195
organization, association, or society, from limiting the 196
sale, rental or occupancy of dwellings which it owns or 197
operates for other than a commercial purpose to persons of 198
the same religion, or from giving preference to such 199
persons, unless membership in such religion is restricted on 200
account of race, color, or national origin. Nor shall 201
anything in this chapter prohibit a private club not in fact 202
open to the public, which as an incident to its primary 203
purpose or purposes provides lodging which it owns or 204
operates for other than a commercial purpose, from limiting 205
the rental or occupancy of such lodging to its members or 206
from giving preference to its members. 207
13. Nothing in this chapter, other than the 208
prohibitions against discriminatory advertising in 209
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subdivision (3) of subsection 1 of this section, shall apply 210
to: 211
(1) The sale or rental of any single family house by a 212
private individual owner, provided the following conditions 213
are met: 214
(a) The private individual owner does not own or have 215
any interest in more than three single family houses at any 216
one time; and 217
(b) The house is sold or rented without the use of a 218
real estate broker, agent or salesperson or the facilities 219
of any person in the business of selling or renting 220
dwellings and without publication, posting or mailing of any 221
advertisement. If the owner selling the house does not 222
reside in it at the time of the sale or was not the most 223
recent resident of the house prior to such sale, the 224
exemption in this section applies to only one such sale in 225
any twenty-four-month period; or 226
(2) Rooms or units in dwellings containing living 227
quarters occupied or intended to be occupied by no more than 228
four families living independently of each other, if the 229
owner actually maintains and occupies one of such living 230
quarters as his or her residence. 231
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] on the basis of race, color, religion, 6
national origin, ancestry, sex, sexual orientation, gender 7
identity, disability, veteran status, or familial status to 8
a person applying therefor for the purpose of purchasing, 9
construction, improving, repairing, or maintaining a 10
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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] on the basis of the race, color, religion, 14
national origin, ancestry, sex, sexual orientation, gender 15
identity, disability, veteran status, or familial status of 16
such person or of any person associated with [him] such 17
person in connection with such loan or other financial 18
assistance, or of the present or prospective owners, 19
lessees, tenants, or occupants, of the dwellings in relation 20
to which such loan or other financial assistance is to be 21
made or given. 22
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] on the basis of 5
race, color, religion, national origin, ancestry, sex, 6
sexual orientation, gender identity, disability, veteran 7
status, or familial status. 8
213.055. 1. It shall be an unlawful employment 1
practice: 2
(1) For an employer, [because] on the basis of the 3
race, color, religion, national origin, sex, sexual 4
orientation, gender identity, ancestry, age [or], 5
disability, or veteran status 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] on the basis of such individual's 11
race, color, religion, national origin, sex, sexual 12
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orientation, gender identity, ancestry, age [or], 13
disability, or veteran status; 14
(b) To limit, segregate, or classify [his] employees 15
or [his] employment applicants in any way which would 16
deprive or tend to deprive any individual of employment 17
opportunities or otherwise adversely affect [his] such 18
individual's status as an employee, [because] on the basis 19
of such individual's race, color, religion, national origin, 20
sex, sexual orientation, gender identity, ancestry, age 21
[or], disability, or veteran status; 22
(2) For a labor organization to exclude or to expel 23
from its membership any individual or to discriminate in any 24
way against any of its members or against any employer or 25
any individual employed by an employer [because] on the 26
basis of race, color, religion, national origin, sex, sexual 27
orientation, gender identity, ancestry, age [or], 28
disability, or veteran status of any individual; or to 29
limit, segregate, or classify its membership, or to classify 30
or fail or refuse to refer for employment any individual, in 31
any way which would deprive or tend to deprive any 32
individual of employment opportunities, or would limit such 33
employment opportunities or otherwise adversely affect [his] 34
such individual's status as an employee or as an applicant 35
for employment, [because] on the basis of such individual's 36
race, color, religion, national origin, sex, sexual 37
orientation, gender identity, ancestry, age [or], 38
disability, or veteran status; or for any employer, labor 39
organization, or joint labor-management committee 40
controlling apprenticeship or other training or retraining, 41
including on-the-job training programs to discriminate 42
against any individual [because] on the basis of [his] such 43
individual's race, color, religion, national origin, sex, 44
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sexual orientation, gender identity, ancestry, age [or], 45
disability, or veteran status in admission to, or employment 46
in, any program established to provide apprenticeship or 47
other training; 48
(3) For any employer or employment agency to print or 49
circulate or cause to be printed or circulated any 50
statement, advertisement or publication, or to use any form 51
of application for employment or to make any inquiry in 52
connection with prospective employment, which expresses, 53
directly or indirectly, any limitation, specification, or 54
discrimination, [because] on the basis of race, color, 55
religion, national origin, sex, sexual orientation, gender 56
identity, ancestry, age [or], disability, or veteran status 57
unless based upon a bona fide occupational qualification or 58
for an employment agency to fail or refuse to refer for 59
employment, or otherwise to discriminate against, any 60
individual [because] on the basis of his or her race, color, 61
religion, national origin, sex, sexual orientation, gender 62
identity, ancestry, age, as it relates to employment, [or] 63
disability, or veteran status, or to classify or refer for 64
employment any individual [because] on the basis of [his or 65
her] such individual's race, color, religion, national 66
origin, sex, sexual orientation, gender identity, ancestry, 67
age [or], disability, or veteran status. 68
2. Notwithstanding any other provision of this 69
chapter, it shall not be an unlawful employment practice for 70
an employer to apply different standards of compensation, or 71
different terms, conditions or privileges of employment 72
pursuant to a bona fide seniority or merit system, or a 73
system which measures earnings by quantity or quality of 74
production or to employees who work in different locations, 75
provided that such differences or such systems are not the 76
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result of an intention or a design to discriminate, and are 77
not used to discriminate, [because] on the basis of race, 78
color, religion, sex, sexual orientation, gender identity, 79
national origin, ancestry, age [or], disability, or veteran 80
status, nor shall it be an unlawful employment practice for 81
an employer to give and to act upon the results of any 82
professionally developed ability test, provided that such 83
test, its administration, or action upon the results 84
thereof, is not designed, intended or used to discriminate 85
[because] on the basis of race, color, religion, national 86
origin, sex, sexual orientation, gender identity, ancestry, 87
age [or], disability, or veteran status. 88
3. Nothing contained in this chapter shall be 89
interpreted to require any employer, employment agency, 90
labor organization, or joint labor-management committee 91
subject to this chapter to grant preferential treatment to 92
any individual or to any group [because] on the basis of the 93
race, color, religion, national origin, sex, sexual 94
orientation, gender identity, ancestry, age [or], 95
disability, or veteran status of such individual or group on 96
account of an imbalance which may exist with respect to the 97
total number or percentage of persons of any race, color, 98
religion, national origin, sex, sexual orientation, gender 99
identity, ancestry, age [or], disability, or veteran status 100
employed by any employer, referred or classified for 101
employment by any employment agency or labor organization, 102
admitted to membership or classified by any labor 103
organization, or admitted to or employed in any 104
apprenticeship or other training program, in comparison with 105
the total number or percentage of persons of such race, 106
color, religion, national origin, sex, sexual orientation, 107
gender identity, ancestry, age [or], disability, or veteran 108
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status in any community, state, section, or other area, or 109
in the available workforce in any community, state, section, 110
or other area. 111
4. Notwithstanding any other provision of this 112
chapter, it shall not be an unlawful employment practice for 113
the state or any political subdivision of the state to 114
comply with the provisions of 29 U.S.C. Section 623 relating 115
to employment as firefighters or law enforcement officers. 116
213.065. 1. All persons within the jurisdiction of 1
the state of Missouri are free and equal and shall be 2
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] on 5
the basis of race, color, religion, national origin, sex, 6
sexual orientation, gender identity, ancestry, [or] 7
disability, or 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] on the basis of race, color, religion, national 17
origin, sex, sexual orientation, gender identity, ancestry, 18
[or] 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
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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
(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
213.075. 1. [As a jurisdictional condition precedent 1
to filing a civil action under this chapter,] Any person 2
claiming to be aggrieved by an unlawful discriminatory 3
practice [shall] may make, sign and file with the commission 4
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a verified complaint in writing, within one hundred eighty 5
days of the alleged act of discrimination, which shall state 6
the name and address of the [employer, employment agency, 7
labor organization, or place of public accommodation] 8
alleged to have committed the unlawful discriminatory 9
practice and which shall set forth the particulars thereof 10
and such other information as may be required by the 11
commission. The complainant's agent, attorney or the 12
attorney general may, in like manner, make, sign and file 13
such complaint. [The failure to timely file a complaint 14
with the commission shall deprive the commission of 15
jurisdiction to investigate the complaint. The commission 16
shall make a determination as to its jurisdiction with 17
respect to all complaints. Notwithstanding any other 18
provision of this chapter to the contrary, if a complaint is 19
not filed with the commission within one hundred eighty days 20
of the alleged act of discrimination, the commission shall 21
lack jurisdiction to take any action on such a complaint 22
other than to dismiss the complaint for lack of 23
jurisdiction. The failure to timely file a complaint with 24
the commission may be raised as a complete defense by a 25
respondent or defendant at any time, either during the 26
administrative proceedings before the commission, or in 27
subsequent litigation, regardless of whether the commission 28
has issued the person claiming to be aggrieved a letter 29
indicating his or her right to bring a civil action and 30
regardless of whether the employer asserted the defense 31
before the commission.] 32
2. Any complaint which is filed with the federal Equal 33
Employment Opportunity Commission or other federal agencies 34
with which the commission has a work-sharing or deferral 35
agreement, or with a local commission which has been 36
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certified as substantially equivalent by the commission, 37
shall be deemed filed with the commission on the date that 38
such complaint is received by such federal agency or local 39
commission. A copy of all complaints filed with a local 40
commission with the authority to enforce the provisions of 41
this chapter is to be forwarded to the commission within 42
seven days of the filing thereof with such local 43
commission. If a local commission has jurisdiction to hear 44
a complaint filed with the commission, such complaint shall 45
be deemed to have been filed with the local commission on 46
the date on which such complaint was filed with the 47
commission. The commission shall, within seven days of the 48
receipt of a complaint which a local commission has 49
jurisdiction to hear, forward a copy thereof to such local 50
commission. 51
3. After the filing of any complaint, the executive 52
director shall, with the assistance of the commission's 53
staff, promptly investigate the complaint, and if the 54
director determines after the investigation that probable 55
cause exists for crediting the allegations of the complaint, 56
the executive director shall immediately endeavor to 57
eliminate the unlawful discriminatory practice complained of 58
by conference, conciliation and persuasion, and shall report 59
the results to the commission. The investigation, 60
determination of probable cause and conciliation shall be 61
conducted according to such rules, regulations and 62
guidelines as the commission shall prescribe. 63
4. A person who is not named as a respondent in a 64
complaint, but who is identified as a respondent in the 65
course of investigation, may be joined as an additional or 66
substitute respondent upon written notice, pursuant to such 67
rules, regulations, and guidelines as the commission shall 68
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prescribe. Such notice, in addition to complying with the 69
requirements of such rules, regulations, and guidelines, 70
shall also state the reason why the person to whom the 71
notice is addressed has been joined as a party. 72
5. In case of failure to eliminate such discriminatory 73
practice as found in the investigation, if in the judgment 74
of the chairperson of the commission circumstances so 75
warrant, there shall be issued and served in the name of the 76
commission, a written notice, together with a copy of the 77
complaint, as it may have been amended, requiring the person 78
named in the complaint, hereinafter referred to as 79
"respondent", to answer the charges of the complaint at a 80
hearing, at a time and place to be specified in the notice, 81
before a panel of at least three members of the commission 82
sitting as the commission or before a hearing examiner 83
licensed to practice law in this state who shall be 84
appointed by the executive director and approved by the 85
commission. The place of the hearing shall be in the office 86
of the commission or such other place designated by it, 87
except that if the respondent so requests, in writing, the 88
hearing shall be held in the county of such person's 89
residence or business location at the time of the alleged 90
unlawful discriminatory practice. A copy of the notice 91
shall also be served on the complainants. 92
6. In all cases where a written notice of hearing has 93
been issued and a party has not elected the option to 94
proceed in circuit court as set forth in section 213.076, 95
the procedures set forth for a hearing shall apply. 96
7. The commission shall be a party to the action and 97
shall be represented before the panel or the hearing 98
examiner by the office of the attorney general or, when so 99
delegated by the attorney general, a staff attorney of the 100
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commission. Neither the hearing examiner nor any member of 101
the panel shall have participated in the investigation of 102
the complaint. Evidence concerning endeavors at 103
conciliation shall be excluded. 104
8. The respondent may file a written verified answer 105
to the complaint and appear at the hearing in person or 106
otherwise with or without counsel, and submit testimony. At 107
the discretion of the hearing examiner or the panel, the 108
complainant may be allowed to intervene, thereby becoming a 109
party to the action with the right to present testimony in 110
person or by counsel, provided the complainant at all times 111
shall be treated as a party for the purpose of discovery and 112
the taking of depositions. The commission or complainant 113
intervenor shall have the power to reasonably and fairly 114
amend any complaint, and the respondent shall have like 115
power to amend any answer. The testimony taken at the 116
hearing shall be under oath and be transcribed. 117
9. In any contested case before the commission, any 118
party may take and use written interrogatories, requests for 119
production of documents and other materials, and requests 120
for admissions, and all other forms of discovery authorized 121
by rules of civil procedure in the same manner, upon, and 122
under the same conditions, and upon the same notice, as is 123
or may hereafter be provided for with respect to the taking 124
and using of written interrogatories, requests for 125
production of documents and other materials, and requests 126
for admissions, and all other forms of discovery authorized 127
by rules of civil procedure in civil actions in the circuit 128
court. The panel or hearing examiner shall have the 129
authority to impose sanctions in the same manner as set 130
forth in the rules of civil procedure. 131
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10. The hearing shall be conducted in the manner 132
provided by chapter 536. 133
11. When the case is heard by a panel of the 134
commission, the chairperson of the commission shall select 135
the hearing panel and the presiding officer. The presiding 136
officer shall have full authority to call and examine 137
witnesses, admit or exclude evidence and rule upon all 138
motions and objections. The panel shall state its findings 139
of fact and conclusions of law, and if, upon all the 140
evidence at the hearing, the panel finds: 141
(1) That a respondent has engaged in an unlawful 142
discriminatory practice as defined in this chapter, the 143
commission shall issue and cause to be served on the 144
respondent an order requiring the respondent to cease and 145
desist from the unlawful discriminatory practice. The order 146
shall require the respondent to take such affirmative 147
action, as in the panel's judgment will implement the 148
purposes of this chapter, including, but not limited to, 149
payment of back pay; hiring; reinstatement or upgrading; 150
restoration to membership in any respondent labor 151
organization; the extension of full, equal and unsegregated 152
housing; the extension of full, equal and unsegregated 153
public accommodations; extension of a commercial real estate 154
loan or other financial assistance; extension or restoration 155
of membership or participation in any multiple listing 156
service or other real estate service organization or 157
facility; payment of actual damages; and the submission of a 158
report of the manner of compliance; 159
(2) That a respondent has engaged or is about to 160
engage in a violation of section 213.040, 213.045, 213.050, 161
or 213.070, to the extent that the alleged violation of 162
section 213.070 relates to or involves a violation of one or 163
SB 1633 29
more of such other sections or relates to or involves the 164
encouraging, aiding, or abetting of a violation of such 165
other sections, the commission may, in addition to the 166
relief provided in subdivision (1) of this subsection, 167
assess a civil penalty against the respondent, for purposes 168
of vindicating the public interest: 169
(a) In an amount not exceeding two thousand dollars if 170
the respondent has not been adjudged to have violated one or 171
more of the sections enumerated in subdivision (2) of this 172
subsection within five years of the date of the filing of 173
the complaint; 174
(b) In an amount not exceeding five thousand dollars 175
if the respondent has been adjudged to have committed one 176
violation of the sections enumerated in subdivision (2) of 177
this subsection within five years of the date on which the 178
complaint is filed; 179
(c) In an amount not exceeding ten thousand dollars if 180
the respondent has been adjudged to have committed two or 181
more prior violations of the sections enumerated in 182
subdivision (2) of this subsection within seven years of the 183
date on which the complaint is filed. 184
All civil penalties set forth in this subsection shall be 185
paid to the human rights fund. 186
12. If, upon all the evidence, the panel finds that a 187
respondent has not engaged in any unlawful discriminatory 188
practice, the panel shall state its findings of fact and 189
conclusions of law and shall issue and cause to be served on 190
the complainant and respondent an order dismissing the 191
complaint. 192
13. When the case is heard by a hearing examiner, the 193
examiner shall have all powers described in subdivision (8) 194
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of section 213.030 and subsection 11 of this section, for 195
the purpose of the hearing. The hearing examiner shall make 196
findings of fact and conclusions of law and shall recommend 197
to the commission an order granting such relief as provided 198
in subsection 11 of this section or dismissing the complaint 199
as to the respondent as provided in subsection 12 of this 200
section, in accordance with such findings. 201
14. A panel of at least three members of the 202
commission, sitting as the commission, shall review the 203
record, findings and recommended order of the hearing 204
examiner. The panel shall thereafter accept or amend the 205
recommended order which shall become the order of the 206
commission. All orders shall be served on the complainant 207
and respondent, and copies shall be delivered to the 208
attorney general and such other public officers as the 209
commission deems proper. 210
15. No order of the commission issued pursuant to this 211
section shall affect any contract, sale, encumbrance or 212
lease consummated before the issuance of such order and 213
involving a bona fide purchaser without actual notice of the 214
charge filed pursuant to this section. 215
16. Any person aggrieved by an order of the commission 216
may appeal as provided in chapter 536. 217
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] on the basis of race, 6
color, religion, national origin, sex, sexual orientation, 7
gender identity, ancestry, age, disability, veteran status, 8
or familial status. 9
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[2. The general assembly hereby expressly abrogates 10
the case of McBryde v. Ritenour School District, 207 S.W.3d 11
162 (Mo.App. E.D. 2006), and its progeny as it relates to 12
the necessity and appropriateness of the issuance of a 13
business judgment instruction. In all civil actions brought 14
under 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
SB 1633 32
actions brought under this chapter which were in effect 41
prior to August 28, 2017.] 42
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] Any person alleging an 14
unlawful discriminatory practice pursuant to sections 15
213.040, 213.045, 213.050 and 213.070, to the extent that 16
the alleged violation of section 213.070 relates to or 17
involves a violation of sections 213.040, 213.045 and 18
213.050, or subdivision (3) of subsection 1 of section 19
213.070 as it relates to housing, [and the person aggrieved 20
so requests in writing, the commission shall issue to the 21
person claiming to be aggrieved a letter indicating his or 22
her right to bring a civil action within ninety days of such 23
notice against the respondent named in the complaint. The 24
commission may not at any other time or for any other reason 25
issue a letter indicating a complainant's right to bring a 26
civil action] may file a petition in the circuit court of 27
the county in which the alleged unlawful discriminatory 28
practice occurred without first filing a complaint with the 29
commission. Such an action may be brought in any circuit 30
SB 1633 33
court in any county in which the unlawful discriminatory 31
practice is alleged to have [been committed] occurred, 32
either before a circuit or associate circuit judge. Upon 33
issuance of this notice, the commission shall terminate all 34
proceedings relating to the complaint. No person may file 35
or reinstate a complaint with the commission after the 36
issuance of a notice under this section relating to the same 37
practice or act. Any action brought in court under this 38
section shall be filed within ninety days from the date of 39
the commission's notification letter to the individual but 40
no later than two years after the alleged cause occurred or 41
its reasonable discovery by the alleged injured party. 42
2. The court may grant as relief, as it deems 43
appropriate, any permanent or temporary injunction, 44
temporary restraining order, or other order, and may award 45
to the plaintiff actual and punitive damages, and may award 46
court costs and reasonable attorney fees to the prevailing 47
party, other than a state agency or commission or a local 48
commission; except that, a prevailing respondent may be 49
awarded court costs and reasonable attorney fees only upon a 50
showing that the case was without foundation. 51
[3. Any party to any action initiated under this 52
section has a right to a trial by jury. 53
4. The sum of the amount of actual damages, including 54
damages for future pecuniary losses, emotional pain, 55
suffering, inconvenience, mental anguish, loss of enjoyment 56
of life, and other nonpecuniary losses, and punitive damages 57
awarded under this section shall not exceed for each 58
complaining party: 59
(1) Actual back pay and interest on back pay; and 60
(2) (a) In the case of a respondent who has more than 61
five and fewer than one hundred one employees in each of 62
SB 1633 34
twenty or more calendar weeks in the current or preceding 63
calendar year, fifty thousand dollars; 64
(b) In the case of a respondent who has more than one 65
hundred and fewer than two hundred one employees in each of 66
twenty or more calendar weeks in the current or preceding 67
calendar year, one hundred thousand dollars; 68
(c) In the case of a respondent who has more than two 69
hundred and fewer than five hundred one employees in each of 70
twenty or more calendar weeks in the current or preceding 71
calendar year, two hundred thousand dollars; or 72
(d) In the case of a respondent who has more than five 73
hundred employees in each of twenty or more calendar weeks 74
in the current or preceding calendar year, five hundred 75
thousand dollars. 76
5. In any employment-related civil action brought 77
under this chapter, the plaintiff shall bear the burden of 78
proving the alleged unlawful decision or action was made or 79
taken because of his or her protected classification and was 80
the direct proximate cause of the claimed damages.] 81
[285.575. 1. This section shall be known 1
and may be cited as the "Whistleblower's 2
Protection Act". 3
2. As used in this section, the following 4
terms shall mean: 5
(1) "Because" or "because of", as it 6
relates to the adverse decision or action, the 7
person's status as a protected person was the 8
motivating factor; 9
(2) "Employer", an entity that has six or 10
more employees for each working day in each of 11
twenty or more calendar weeks in the current or 12
preceding calendar year. "Employer" shall not 13
include the state of Missouri or its agencies, 14
instrumentalities, or political subdivisions, 15
including but not limited to any public 16
institution of higher education, a corporation 17
SB 1633 35
wholly owned by the state of Missouri, an 18
individual employed by an employer, or 19
corporations and associations owned or operated 20
by religious or sectarian organizations; 21
(3) "Proper authorities", a governmental 22
or law enforcement agency, an officer of an 23
employee's employer, the employee's supervisor 24
employed by the employer, or the employee's 25
human resources representative employed by the 26
employer; 27
(4) "Protected person", an employee of an 28
employer who has reported to the proper 29
authorities an unlawful act of his or her 30
employer; an employee of an employer who reports 31
to his or her employer serious misconduct of the 32
employer that violates a clear mandate of public 33
policy as articulated in a constitutional 34
provision, statute, or regulation promulgated 35
under statute; or an employee of an employer who 36
has refused to carry out a directive issued by 37
his or her employer that if completed would be a 38
violation of the law. An employee of an 39
employer is not a protected person if: 40
(a) The employee is a supervisory, 41
managerial, or executive employee or an officer 42
of his or her employer and the unlawful act or 43
serious misconduct reported concerns matters 44
upon which the employee is employed to report or 45
provide professional opinion; or 46
(b) The proper authority or person to whom 47
the employee makes his or her report is the 48
person whom the employee claims to have 49
committed the unlawful act or violation of a 50
clear mandate of public policy; 51
(5) "The motivating factor", the 52
employee's protected classification actually 53
played a role in the adverse decision or action 54
and had a determinative influence on the adverse 55
decision or action. 56
3. This section is intended to codify the 57
existing common law exceptions to the at-will 58
employment doctrine and to limit their future 59
expansion by the courts. This section, in 60
addition to chapter 213 and chapter 287, shall 61
SB 1633 36
provide the exclusive remedy for any and all 62
claims of unlawful employment practices. 63
4. It shall be an unlawful employment 64
practice for an employer to discharge an 65
individual defined as a protected person in this 66
section because of that person's status as a 67
protected person. 68
5. A protected person aggrieved by a 69
violation of this section shall have a private 70
right of action for actual damages for 71
violations of this section but not for punitive 72
damages. However, if a private right of action 73
for damages exists under another statutory or 74
regulatory scheme, whether under state or 75
federal law, no private right of action shall 76
exist under this statute. 77
6. Any party to any action initiated under 78
this section may demand a trial by jury. 79
7. A protected person aggrieved by a 80
violation of this section shall have a private 81
right of action that may be filed in a court of 82
competent jurisdiction. The only remedies 83
available in such an action shall be: 84
(1) Back pay; 85
(2) Reimbursement of medical bills 86
directly related to a violation of this section; 87
and 88
(3) Additionally, if a protected person 89
proves, by clear and convincing evidence, that 90
the conduct of the employer was outrageous 91
because of the employer's evil motive or 92
reckless indifference to the rights of others, 93
then, such person may receive double the amount 94
awarded under subdivisions (1) and (2) of this 95
subsection, as liquidated damages. In applying 96
this subdivision, the provisions of section 97
510.263 shall be applied as though liquidated 98
damages were punitive damages and as though the 99
amounts referenced in subdivisions (1) and (2) 100
of this subsection were compensatory damages. 101
8. The court, in addition to the damages 102
set forth in subsection 7 of this section, may 103
award the prevailing party court costs and 104
reasonable attorney fees; except that a 105
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prevailing respondent may be awarded reasonable 106
attorney fees only upon a showing that the case 107
was without foundation.] 108
✓