Unlawful Discriminatory Practices under the Missouri Human Rights Act (MHRA)

(Chapter 213)

This act prohibits discrimination under the Missouri Human Rights Act (MHRA) based upon a person's sexual orientation, gender identity, or veteran status. Such discrimination includes unlawful housing practices, denial of loans or other financial assistance, denial of membership into an organization relating to the selling or renting of dwellings, unlawful employment practices, and denial of the right to use public accommodations. Discrimination is defined to include any unfair treatment based on a person's presumed or assumed race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity, age as it relates to employment, disability, or familial status as it relates to housing, regardless of whether the presumption or assumption as to such characteristic is correct.

These provisions are substantially similar to SB 787 (2024), HB 2478 (2024), SB 60 (2023), HB 384 (2023), HB 574 (2023), SB 711 (2022), HB 1760 (2022), HB 2580 (2022), SB 81 (2021) HB 275 (2021), HB 984 (2021), HB 1527 (2020), SB 954 (2020), HB 1763 (2020), SB 172 (2019), HB 208 (2019), SB 753 (2018), HCS/HBs 1360 & 2100 (2018), HB 1782 (2018), SB 338 (2017), HB 485 (2017), SB 653 (2016), SB 237 (2015), SB 962 (2014), SB 96 (2013) and SB 798 (2012) and similar to HB 1737 (2022), HB 407 (2015), SB 757 (2014), SS/HCS/HB 320 (2013), SB 239 (2011), SB 626 (2010), SB 109 (2009), SB 824 (2008), SB 266 (2007), SB 452 (2001), and SB 622 (2000).

The Motivating Factor Standard - MHRA

The act modifies the standard for proving discriminatory claims pursuant to the MHRA. Currently, a protected criterion must be the motivating factor in any adverse decision or action. This act changes that provision such that a protected criterion must be the basis of an adverse decision or action.

Applicability of MHRA

The act subjects the following entities and individuals to the MHRA: the state of Missouri, any political subdivision of the state, any person employing six or more persons within the state, and any person directly acting in the interest of an employer. Corporations and associations owned and operated by religious or sectarian groups are the only entities exempt from the act.

Exclusive Remedy Provision

Current law provides that the MHRA, the Workers' Compensation chapter, and the general employment law chapter shall be the exclusive remedy for any and all claims for injury or damages arising out of the employment relationship. This act repeals that provision.

Filing of Complaints with Commission and Civil Actions

Current law provides that any person claiming to be aggrieved by an unlawful discriminatory practice are required to make, sign, and file with the Missouri Human Rights Commission a verified complaint in writing as a precedent to filing a civil action under the MHRA. Furthermore, the failure to timely file a complaint with the Commission shall deprive the Commission of jurisdiction to investigate the complaint. Complainants shall file such complaint with the Commission within 180 days of the alleged act of discrimination. Failure to timely file may be raised as a complete defense by a respondent or defendant at any time. This act repeals all such provisions and permits any person alleging an unlawful discriminatory practice pursuant to the MHRA to file a petition in circuit court of the county in which the alleged unlawful discriminatory practice occurred without first filing a complaint with the Commission.

Judicial Interpretation of MHRA

The act repeals provisions of law that abrogated past court decisions and jury instructions interpreting the MHRA as well as provisions stating which federal court cases are considered persuasive in interpreting the MHRA.

Whistleblower's Protection Act

The act repeals a provision of law referred to as the Whistleblower's Protection Act, which codified the common law exceptions to the employment at-will doctrine, stipulating the circumstances under which a private employee cannot be terminated from employment.

SCOTT SVAGERA