HOUSE BILL NO. 1460 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE THOMAS.
2429H.01I JOSEPH ENGLER, Chief Clerk
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, and 213.111, RSMo, and to enact in lieu thereof eleven new sections relating to unlawful discriminatory actions.
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213.010, 213.030, 213.040, 213.045, 213.050, 213.055, 213.065, 2 213.070, 213.075, 213.101, and 213.111, RSMo, are repealed and eleven new sections 3 enacted in lieu thereof, to be known as sections 213.010, 213.030, 213.040, 213.045, 213.050, 4 213.055, 213.065, 213.070, 213.075, 213.101, and 213.111, to read as follows: 213.010. As used in this chapter, the following terms shall mean: 2 (1) "Age", an age of forty or more years but less than seventy years, except that it 3 shall not be an unlawful employment practice for an employer to require the compulsory 4 retirement of any person who has attained the age of sixty-five and who, for the two-year 5 period immediately before retirement, is employed in a bona fide executive or high policy- 6 making position, if such person is entitled to an immediate nonforfeitable annual retirement 7 benefit from a pension, profit sharing, savings or deferred compensation plan, or any 8 combination of such plans, of the employer, which equals, in the aggregate, at least forty-four 9 thousand dollars; 10 (2) "Because" or "because of", as it relates to the adverse decision or action, the 11 protected criterion was the motivating factor; 12 (3) "Commission", the Missouri commission on human rights; 13 (4) "Complainant", a person who has filed a complaint with the commission alleging 14 that another person has engaged in a prohibited discriminatory practice;
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 1460 2
15 (5) "Disability", a physical or mental impairment which substantially limits one or 16 more of a person's major life activities, being regarded as having such an impairment, or a 17 record of having such an impairment, which with or without reasonable accommodation does 18 not interfere with performing the job, utilizing the place of public accommodation, or 19 occupying the dwelling in question. For purposes of this chapter, the term "disability" does 20 not include current, illegal use of or addiction to a controlled substance as such term is 21 defined by section 195.010; however, a person may be considered to have a disability if that 22 person: 23 (a) Has successfully completed a supervised drug rehabilitation program and is no 24 longer engaging in the illegal use of, and is not currently addicted to, a controlled substance or 25 has otherwise been rehabilitated successfully and is no longer engaging in such use and is not 26 currently addicted; 27 (b) Is participating in a supervised rehabilitation program and is no longer engaging 28 in illegal use of controlled substances; or 29 (c) Is erroneously regarded as currently illegally using, or being addicted to, a 30 controlled substance; 31 (6) "Discrimination", conduct proscribed herein, taken because of race, color, 32 religion, national origin, ancestry, sex, [or] sexual orientation, gender identity, age as it 33 relates to employment, disability, veteran status, or familial status as it relates to housing. 34 "Discrimination" includes any unfair treatment based on a person's presumed or 35 assumed race, color, religion, national origin, ancestry, sex, sexual orientation, gender 36 identity, age as it relates to employment, disability, veteran status, or familial status as it 37 relates to housing, regardless of whether the presumption or assumption as to such 38 characteristic is correct; 39 (7) "Dwelling", any building, structure or portion thereof which is occupied as, or 40 designed or intended for occupancy as, a residence by one or more families, and any vacant 41 land which is offered for sale or lease for the construction or location thereon of any such 42 building, structure or portion thereof; 43 (8) "Employer", a person engaged in an industry affecting commerce who has six or 44 more employees for each working day in each of twenty or more calendar weeks in the 45 current or preceding calendar year, and shall include the state, or any political or civil 46 subdivision thereof, or any person employing six or more persons within the state but does 47 not include corporations and associations owned or operated by religious or sectarian 48 organizations. "Employer" shall not include: 49 (a) The United States; 50 (b) A corporation wholly owned by the government of the United States; 51 (c) [An individual employed by an employer; HB 1460 3
52 (d) An Indian tribe; 53 (e)] Any department or agency of the District of Columbia subject by statute to 54 procedures of the competitive service, as defined in 5 U.S.C. Section [2101] 2102; or 55 [(f)] (d) A bona fide private membership club, other than a labor organization, that is 56 exempt from taxation under 26 U.S.C. Section 501(c); 57 (9) "Employment agency" includes any person or agency, public or private, regularly 58 undertaking with or without compensation to procure employees for an employer or to 59 procure for employees opportunities to work for an employer; 60 (10) "Executive director", the executive director of the Missouri commission on 61 human rights; 62 (11) "Familial status", one or more individuals who have not attained the age of 63 eighteen years being domiciled with: 64 (a) A parent or another person having legal custody of such individual; or 65 (b) The designee of such parent or other person having such custody, with the written 66 permission of such parent or other person. The protections afforded against discrimination 67 because of familial status shall apply to any person who is pregnant or is in the process of 68 securing legal custody of any individual who has not attained the age of eighteen years; 69 (12) "Gender identity", the gender-related identity, appearance, mannerisms, or 70 other gender-related characteristics of an individual, with or without regard to the 71 individual's assigned sex at birth; 72 (13) "Human rights fund", a fund established to receive civil penalties as required by 73 federal regulations and as set forth by subdivision (2) of subsection 11 of section 213.075, and 74 which will be disbursed to offset additional expenses related to compliance with the 75 Department of Housing and Urban Development regulations; 76 [(13)] (14) "Labor organization" includes any organization which exists for the 77 purpose, in whole or in part, of collective bargaining or of dealing with employers concerning 78 grievances, terms or conditions of employment, or for other mutual aid or protection in 79 relation to employment; 80 [(14)] (15) "Local commissions", any commission or agency established prior to 81 August 13, 1986, by an ordinance or order adopted by the governing body of any city, 82 constitutional charter city, town, village, or county; 83 (16) "Motivating factor", the employee's protected classification played a role in 84 the adverse decision or action, or had a determinative influence on the adverse decision 85 or action; 86 [(15)] (17) "Person" includes one or more individuals, corporations, partnerships, 87 associations, organizations, labor organizations, legal representatives, mutual companies, HB 1460 4
88 joint stock companies, trusts, trustees, trustees in bankruptcy, receivers, fiduciaries, or other 89 organized groups of persons; 90 [(16)] (18) "Places of public accommodation", all places or businesses offering or 91 holding out to the general public, goods, services, privileges, facilities, advantages or 92 accommodations for the peace, comfort, health, welfare and safety of the general public or 93 such public places providing food, shelter, recreation and amusement, including, but not 94 limited to: 95 (a) Any inn, hotel, motel, or other establishment which provides lodging to transient 96 guests, other than an establishment located within a building which contains not more than 97 five rooms for rent or hire and which is actually occupied by the proprietor of such 98 establishment as [his] the proprietor's residence; 99 (b) Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other 100 facility principally engaged in selling food for consumption on the premises, including, but 101 not limited to, any such facility located on the premises of any retail establishment; 102 (c) Any gasoline station, including all facilities located on the premises of such 103 gasoline station and made available to the patrons thereof; 104 (d) Any motion picture house, theater, concert hall, sports arena, stadium, or other 105 place of exhibition or entertainment; 106 (e) Any public facility owned, operated, or managed by or on behalf of this state or 107 any agency or subdivision thereof, or any public corporation; and any such facility supported 108 in whole or in part by public funds; 109 (f) Any establishment which is physically located within the premises of any 110 establishment otherwise covered by this section or within the premises of which is physically 111 located any such covered establishment, and which holds itself out as serving patrons of such 112 covered establishment; 113 (19) "Race", a perception that a person is of a particular racial group based 114 upon: 115 (a) Shared physical traits associated with ancestral origin or ethnicity; 116 (b) Shared cultural attributes; 117 (c) The wearing of protective hairstyles including, but not limited to, hairstyles 118 and coverings that are designed to protect textured hair from damage so that it may be 119 worn in its natural state, such as braids, wigs, locs, twists, and afros; and 120 (d) Similar physical characteristics such as skin color and facial features; 121 [(17)] (20) "Rent" includes to lease, to sublease, to let and otherwise to grant for 122 consideration the right to occupy premises not owned by the occupant; 123 [(18)] (21) "Respondent", a person who is alleged to have engaged in a prohibited 124 discriminatory practice in a complaint filed with the commission; HB 1460 5
125 (22) "Sexual orientation", one's actual or perceived emotional or physical 126 attraction to, or romantic or physical relationships with, members of the same gender, 127 members of a different gender, or members of any gender; or the lack of any emotional 128 or physical attraction to, or romantic or physical relationships with, anyone. The term 129 "sexual orientation" includes a history of such attraction or relationships or a history of 130 no such attraction or relationships; 131 [(19) "The motivating factor", the employee's protected classification actually played 132 a role in the adverse action or decision and had a determinative influence on the adverse 133 decision or action; 134 (20)] (23) "Unlawful discriminatory practice", any act that is unlawful under this 135 chapter; 136 (24) "Veteran status", an individual who served in any branch of the Armed 137 Forces of the United States or the Missouri National Guard who was discharged for any 138 reason other than dishonorable discharge or bad conduct discharge. 213.030. 1. The powers and duties of the commission shall be: 2 (1) To seek to eliminate and prevent discrimination because of race, color, religion, 3 national origin, ancestry, sex, sexual orientation, gender identity, age as it relates to 4 employment, disability, veteran status, 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, sexual orientation, gender identity, age, disability, veteran status, or familial status as 7 provided by law; and the commission is hereby given general jurisdiction and power for such 8 purposes; 9 (2) To implement the purposes of this chapter first by conference, conciliation and 10 persuasion so that persons may be guaranteed their civil rights and goodwill be fostered; 11 (3) To formulate policies to implement the purposes of this chapter and to make 12 recommendations to agencies and officers of the state and political subdivisions in aid of such 13 policies and purposes; 14 (4) To appoint such employees as it may deem necessary, fix their compensation 15 within the appropriations provided and in accordance with the wage structure established for 16 other state agencies, and prescribe their duties; 17 (5) To obtain upon request and utilize the services of all governmental departments 18 and agencies to be paid from appropriations to this commission; 19 (6) To adopt, promulgate, amend, and rescind suitable rules and regulations to carry 20 out the provisions of this chapter and the policies and practices of the commission in 21 connection therewith; 22 (7) To receive, investigate, initiate, and pass upon complaints alleging discrimination 23 in employment, housing or in places of public accommodations because of race, color, HB 1460 6
24 religion, national origin, ancestry, sex, sexual orientation, gender identity, age as it relates 25 to employment, disability, veteran status, or familial status as it relates to housing and to 26 require the production for examination of any books, papers, records, or other materials 27 relating to any matter under investigation; 28 (8) To hold hearings, subpoena witnesses, compel their attendance, administer oaths, 29 to take the testimony of any person under oath, and, in connection therewith, to require the 30 production for examination of any books, papers or other materials relating to any matter 31 under investigation or in question before the commission; 32 (9) To issue publications and the results of studies and research which will tend to 33 promote goodwill and minimize or eliminate discrimination in housing, employment or in 34 places of public accommodation because of race, color, religion, national origin, ancestry, 35 sex, sexual orientation, gender identity, age as it relates to employment, disability, veteran 36 status, or familial status as it relates to housing; 37 (10) To provide each year to the governor and to the general assembly a full written 38 report of all its activities and of its recommendations; 39 (11) To adopt an official seal; 40 (12) To cooperate, act jointly, enter into cooperative or work-sharing agreements with 41 the United States Equal Employment Opportunity Commission, the United States Department 42 of Housing and Urban Development, and other federal agencies and local commissions or 43 agencies to achieve the purposes of this chapter; 44 (13) To accept grants, private gifts, bequests, and establish funds to dispose of such 45 moneys so long as the conditions of the grant, gift, or bequest are not inconsistent with the 46 purposes of this chapter and are used to achieve the purposes of this chapter; 47 (14) To establish a human rights fund as defined in section 213.010, for the purposes 48 of administering sections 213.040, 213.045, 213.050, 213.070, 213.075, and 213.076. 49 2. No rule or portion of a rule promulgated under the authority of this chapter shall 50 become effective unless it has been promulgated pursuant to the provisions of [section 51 536.024] chapter 536. 213.040. 1. It shall be an unlawful housing practice: 2 (1) To refuse to sell or rent after the making of a bona fide offer, to refuse to negotiate 3 for the sale or rental of, to deny or otherwise make unavailable, a dwelling to any person 4 because of race, color, religion, national origin, ancestry, sex, sexual orientation, gender 5 identity, disability, veteran status, or familial status; 6 (2) To discriminate against any person in the terms, conditions, or privileges of sale or 7 rental of a dwelling, or in the provision of services or facilities in connection therewith, 8 because of race, color, religion, national origin, ancestry, sex, sexual orientation, gender 9 identity, disability, veteran status, or familial status; HB 1460 7
10 (3) To make, print, or publish, or cause to be made, printed, or published any notice, 11 statement or advertisement, with respect to the sale or rental of a dwelling that indicates any 12 preference, limitation, or discrimination because of race, color, religion, national origin, 13 ancestry, sex, sexual orientation, gender identity, disability, veteran status, or familial 14 status, or an intention to make any such preference, limitation, or discrimination; 15 (4) To represent to any person because of race, color, religion, national origin, 16 ancestry, sex, sexual orientation, gender identity, disability, veteran status, or familial 17 status that any dwelling is not available for inspection, sale, or rental when such dwelling is in 18 fact so available; 19 (5) To induce or attempt to induce any person to sell or rent any dwelling by 20 representations regarding the entry or prospective entry into the neighborhood of a person or 21 persons because of a particular race, color, religion, national origin, ancestry, sex, sexual 22 orientation, gender identity, disability, veteran status, or familial status; 23 (6) To discriminate in the sale or rental of, or to otherwise make unavailable or deny, 24 a dwelling to any buyer or renter because of a disability of: 25 (a) That buyer or renter; 26 (b) A person residing in or intending to reside in that dwelling after it is so sold, 27 rented, or made available; or 28 (c) Any person associated with that buyer or renter; 29 (7) To discriminate against any person in the terms, conditions, or privileges of sale or 30 rental of a dwelling, or in the provision of services or facilities in connection with such 31 dwelling, because of a disability of: 32 (a) That person; 33 (b) A person residing in or intending to reside in that dwelling after it is so sold, 34 rented, or made available; or 35 (c) Any person associated with that person. 36 2. For purp