HOUSE BILL NO. 1395 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE FUCHS.
2701H.02I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 213.010, 213.020, 213.030, 213.040, 213.041, 213.045, 213.050, 213.070, 213.075, 213.076, 213.077, 213.085, 213.095, 213.101, 213.111, 213.112, 213.126, 213.135, and 510.265, RSMo, and to enact in lieu thereof twenty-eight new sections relating to unlawful discriminatory practices, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 213.010, 213.020, 213.030, 213.040, 213.041, 213.045, 213.050, 2 213.070, 213.075, 213.076, 213.077, 213.085, 213.095, 213.101, 213.111, 213.112, 213.126, 3 213.135, and 510.265, RSMo, are repealed and twenty-eight new sections enacted in lieu 4 thereof, to be known as sections 213.010, 213.020, 213.030, 213.070, 213.075, 213.077, 5 213.085, 213.095, 213.101, 213.111, 213.126, 213.135, 213.150, 213.151, 213.152, 213.155, 6 213.158, 213.161, 213.164, 213.167, 213.170, 213.173, 213.176, 213.179, 213.182, 213.185, 7 213.188, and 510.265, to read as follows: 213.010. As used in [this chapter] sections 213.010 to 213.137, the following terms 2 shall mean: 3 (1) "Age", an age of forty or more years but less than seventy years, except that it 4 shall not be an unlawful employment practice for an employer to require the compulsory 5 retirement of any person who has attained the age of sixty-five and who, for the two-year 6 period immediately before retirement, is employed in a bona fide executive or high policy- 7 making position, if such person is entitled to an immediate nonforfeitable annual retirement 8 benefit from a pension, profit sharing, savings or deferred compensation plan, or any 9 combination of such plans, of the employer, which equals, in the aggregate, at least forty-four 10 thousand dollars;
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1395 2
11 (2) "Because" or "because of", as it relates to the adverse decision or action, the 12 protected criterion was [the motivating] a contributing factor; 13 (3) "Commission", the Missouri commission on human rights; 14 (4) "Complainant", a person who has filed a complaint with the commission alleging 15 that another person has engaged in a prohibited discriminatory practice; 16 (5) "Disability", a physical or mental impairment which substantially limits one or 17 more of a person's major life activities, being regarded as having such an impairment, or a 18 record of having such an impairment, which with or without reasonable accommodation does 19 not interfere with performing the job[,] or utilizing the place of public accommodation[, or 20 occupying the dwelling in question. For purposes of this chapter,]. The term "disability" 21 does not include current[,] illegal use of, or addiction to, a controlled substance as such term 22 is defined by section 195.010; however, a person may be considered to have a disability if that 23 person: 24 (a) Has successfully completed a supervised drug rehabilitation program and is no 25 longer engaging in the illegal use of, and is not currently addicted to, a controlled substance or 26 has otherwise been rehabilitated successfully and is no longer engaging in such use and is not 27 currently addicted; 28 (b) Is participating in a supervised rehabilitation program and is no longer engaging 29 in illegal use of controlled substances; or 30 (c) Is erroneously regarded as currently illegally using, or being addicted to, a 31 controlled substance; 32 (6) "Discrimination", conduct proscribed herein, taken because of race, color, 33 religion, national origin, ancestry, sex, [or] age as it relates to employment, or disability[, or 34 familial status as it relates to housing]; 35 (7) ["Dwelling", any building, structure or portion thereof which is occupied as, or 36 designed or intended for occupancy as, a residence by one or more families, and any vacant 37 land which is offered for sale or lease for the construction or location thereon of any such 38 building, structure or portion thereof; 39 (8)] "Employer", [a person engaged in an industry affecting commerce who has six or 40 more employees for each working day in each of twenty or more calendar weeks in the 41 current or preceding calendar year, and shall include] the state, [or] any political or civil 42 subdivision thereof, [or] any person employing six or more persons within the state, or any 43 person directly acting in the interest of an employer, but "employer" does not include 44 corporations and associations owned [or] and operated by religious or sectarian 45 [organizations. "Employer" shall not include: 46 (a) The United States; 47 (b) A corporation wholly owned by the government of the United States; HB 1395 3
48 (c) An individual employed by an employer; 49 (d) An Indian tribe; 50 (e) Any department or agency of the District of Columbia subject by statute to 51 procedures of the competitive service, as defined in 5 U.S.C. Section 2101; or 52 (f) A bona fide private membership club, other than a labor organization, that is 53 exempt from taxation under 26 U.S.C. Section 501(c)] groups; 54 [(9)] (8) "Employment agency" includes any person or agency, public or private, 55 regularly undertaking with or without compensation to procure employees for an employer or 56 to procure for employees opportunities to work for an employer and includes any person 57 acting in the interest of such a person or agency; 58 [(10)] (9) "Executive director", the executive director of the Missouri commission on 59 human rights; 60 [(11) "Familial status", one or more individuals who have not attained the age of 61 eighteen years being domiciled with: 62 (a) A parent or another person having legal custody of such individual; or 63 (b) The designee of such parent or other person having such custody, with the written 64 permission of such parent or other person. The protections afforded against discrimination 65 because of familial status shall apply to any person who is pregnant or is in the process of 66 securing legal custody of any individual who has not attained the age of eighteen years; 67 (12)] (10) "Human rights fund", a fund established to receive civil penalties as 68 required by federal regulations and as set forth by subdivision (2) of subsection 11 of section 69 [213.075] 213.167, and which will be disbursed to offset additional expenses related to 70 compliance with the Department of Housing and Urban Development regulations; 71 [(13)] (11) "Labor organization" includes any organization which exists for the 72 purpose, in whole or in part, of collective bargaining or of dealing with employers concerning 73 grievances, terms or conditions of employment, or for other mutual aid or protection in 74 relation to employment; 75 [(14)] (12) "Local commissions", any commission or agency established prior to 76 August 13, 1986, by an ordinance or order adopted by the governing body of any city, 77 constitutional charter city, town, village, or county; 78 [(15)] (13) "Person" includes one or more individuals, corporations, partnerships, 79 associations, organizations, labor organizations, legal representatives, mutual companies, 80 joint stock companies, trusts, trustees, trustees in bankruptcy, receivers, fiduciaries, or other 81 organized groups of persons; 82 [(16)] (14) "Places of public accommodation", all places or businesses offering or 83 holding out to the general public, goods, services, privileges, facilities, advantages or 84 accommodations for the peace, comfort, health, welfare and safety of the general public or HB 1395 4
85 such public places providing food, shelter, recreation and amusement, including, but not 86 limited to: 87 (a) Any inn, hotel, motel, or other establishment which provides lodging to transient 88 guests, other than an establishment located within a building which contains not more than 89 five rooms for rent or hire and which is actually occupied by the proprietor of such 90 establishment as [his] the proprietor's residence; 91 (b) Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other 92 facility principally engaged in selling food for consumption on the premises, including, but 93 not limited to, any such facility located on the premises of any retail establishment; 94 (c) Any gasoline station, including all facilities located on the premises of such 95 gasoline station and made available to the patrons thereof; 96 (d) Any motion picture house, theater, concert hall, sports arena, stadium, or other 97 place of exhibition or entertainment; 98 (e) Any public facility owned, operated, or managed by or on behalf of this state or 99 any agency or subdivision thereof, or any public corporation; and any such facility supported 100 in whole or in part by public funds; 101 (f) Any establishment which is physically located within the premises of any 102 establishment otherwise covered by this section or within the premises of which is physically 103 located any such covered establishment, and which holds itself out as serving patrons of such 104 covered establishment; 105 [(17) "Rent" includes to lease, to sublease, to let and otherwise to grant for 106 consideration the right to occupy premises not owned by the occupant; 107 (18)] (15) "Respondent", a person who is alleged to have engaged in a prohibited 108 discriminatory practice in a complaint filed with the commission; 109 [(19) "The motivating factor", the employee's protected classification actually played 110 a role in the adverse action or decision and had a determinative influence on the adverse 111 decision or action; 112 (20)] (16) "Unlawful discriminatory practice", any act that is unlawful under [this 113 chapter] sections 213.010 to 213.137. 213.020. 1. There is hereby created a "Missouri Commission on Human Rights". It 2 shall consist of eleven members, with no less than one from each of the congressional districts 3 of this state, serving without compensation, to be appointed by the governor with the advice 4 and consent of the senate. One of the members shall be appointed chairperson by the 5 governor. Appointments to the commission shall be for a term of six years. No more than six 6 members at any one time shall be members of the same political party. In the event of the 7 death or resignation of any member, his or her successor shall be appointed to serve for the 8 unexpired period of the term for which such member had been appointed. HB 1395 5
9 2. [The] A function of the commission shall be to encourage fair treatment for and to 10 foster mutual understanding and respect among, and to discourage discrimination in 11 employment and public accommodation against, any racial, ethnic, religious, or other 12 group protected by [this chapter] sections 213.010 to 213.137, members of these groups, or 13 persons with disabilities. 14 3. Any local commission created and established prior to August 13, 1986, by an 15 ordinance adopted by the governing body of any city, constitutional charter city, town, 16 village, or county, shall have the power and authority to seek to eliminate and prevent 17 discrimination in employment[, housing,] and public accommodation[,] and to establish 18 related programs, which shall be certified by the commission as substantially equivalent. The 19 power and authority of such commissions to initiate and pursue administrative proceedings 20 and remedies shall be solely as provided in section 213.135. 213.030. 1. The powers and duties of the commission shall be: 2 (1) To seek to eliminate and prevent discrimination in employment and in places of 3 public accommodation because of race, color, religion, national origin, ancestry, sex, age as 4 it relates to employment, or disability[, or familial status as it relates to housing] and to take 5 other actions against discrimination because of race, color, religion, national origin, ancestry, 6 sex, age, or disability[, or familial status as provided by law; and]. The commission is hereby 7 given general jurisdiction and power for such purposes; 8 (2) To implement the purposes of this chapter first by conference, conciliation and 9 persuasion so that persons may be guaranteed their civil rights and goodwill be fostered; 10 (3) To formulate policies to implement the purposes of this chapter and to make 11 recommendations to agencies and officers of the state and political subdivisions in aid of such 12 policies and purposes; 13 (4) To appoint such employees as it may deem necessary, fix their compensation 14 within the appropriations provided and in accordance with the wage structure established for 15 other state agencies, and prescribe their duties; 16 (5) To obtain upon request and utilize the services of all governmental departments 17 and agencies to be paid from appropriations to this commission; 18 (6) To adopt, promulgate, amend, and rescind suitable rules and regulations to carry 19 out the provisions of this chapter and the policies and practices of the commission in 20 connection therewith; 21 (7) To receive, investigate, initiate, and pass upon complaints alleging discrimination 22 in employment[, housing] or in places of public [accommodations] accommodation because 23 of race, color, religion, national origin, ancestry, sex, age as it relates to employment, or 24 disability[, or familial status as it relates to housing] and to require the production for HB 1395 6
25 examination of any books, papers, records, or other materials relating to any matter under 26 investigation; 27 (8) To hold hearings, subpoena witnesses, compel their attendance, administer oaths, 28 to take the testimony of any person under oath, and, in connection therewith, to require the 29 production for examination of any books, papers or other materials relating to any matter 30 under investigation or in question before the commission; 31 (9) To issue publications and the results of studies and research which will tend to 32 promote goodwill and minimize or eliminate discrimination in [housing,] employment or in 33 places of public accommodation because of race, color, religion, national origin, ancestry, 34 sex, age as it relates to employment, or disability[, or familial status as it relates to housing]; 35 (10) To provide each year to the governor and to the general assembly a full written 36 report of all its activities and of its recommendations; 37 (11) To adopt an official seal; 38 (12) To cooperate, act jointly, enter into cooperative or work-sharing agreements with 39 the United States Equal Employment Opportunity Commission, the United States Department 40 of Housing and Urban Development, and other federal agencies and local commissions or 41 agencies to achieve the purposes of this chapter; 42 (13) To accept grants, private gifts, bequests, and establish funds to dispose of such 43 moneys so long as the conditions of the grant, gift, or bequest are not inconsistent with the 44 purposes of this chapter and are used to achieve the purposes of this chapter; 45 (14) To establish a human rights fund as defined in section 213.010, for the purposes 46 of administering sections [213.040, 213.045, 213.050,] 213.070, 213.075, [and 213.076] 47 213.152, 213.158, 213.161, and 213.164. 48 2. No rule or portion of a rule promulgated under the authority of this chapter shall 49 become effective unless it has been promulgated pursuant to the provisions of section 50 536.024. 213.070. [1.] It shall be an unlawful discriminatory practice [for an employer, 2 employment agency, labor organization, or place of public accommodation]: 3 (1) To aid, abet, incite, compel, or coerce the commission of acts prohibited under 4 [this chapter] sections 213.010 to 213.137, or to attempt to do so; 5 (2) To retaliate or discriminate in any manner against any other person because such 6 person has opposed any practice prohibited by [this chapter] sections 213.010 to 213.137 or 7 because such person has filed a complaint, testified, assisted, or participated in any manner in 8 any investigation, proceeding or hearing conducted pursuant to [this chapter] sections 9 213.075 to 213.137; HB 1395 7
10 (3) For the state or any political subdivision of this state to discriminate on the basis 11 of race, color, religion, national origin, sex, ancestry, age[,] as it relates to employment, or 12 disability[, or familial status as it relates to housing]; or 13 (4) To discriminate in any manner against any other person because of such person's 14 association with any person protected by [this chapter] sections 213.010 to 213.137. 15 [2. This chapter, in addition to chapter 285 and chapter 287, shall provide the 16 exclusive remedy for any and all claims for injury or damages arising out of an employment 17 relationship.] 213.075. 1. [As a jurisdictional condition precedent to filing a civil action under this 2 chapter,] Any person claiming to be aggrieved by an unlawful discriminatory practice [shall] 3 may make, sign, and file with the commission a verified complaint in writing, within one 4 hundred eighty days of the alleged act of discrimination, which shall state the name and 5 address of the [employer, employment agency, labor organization, or place of public 6 accommodation] person alleged to have committed the unlawful discriminatory practice and 7 which shall set forth the particulars thereof and such other information as may be required by 8 the commission. The complainant's agent, attorney or the attorney general may, in like 9 manner, make, sign, and file such complaint. [The failure to timely file a complaint with the 10 commission shall deprive the commission of jurisdiction to investigate the complaint. The 11 commission shall make a determination as to its jurisdiction with respect to all complaints. 12 Notwithstanding any other provision of this chapter to the contrary, if a complaint is not filed 13 with the commission within one hundred eighty days of the alleged act of discrimination, the 14 commission shall lack jurisdiction to take any action on such a complaint other than to 15 dismi