HOUSE BILL NO. 1558 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE COSTLOW.
2593H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 213.010, 213.030, 213.040, 213.045, and 213.070, RSMo, and to enact in lieu thereof six 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Section A. Sections 213.010, 213.030, 213.040, 213.045, and 213.070, RSMo, are 2 repealed and six new sections enacted in lieu thereof, to be known as sections 213.010, 3 213.030, 213.040, 213.045, 213.053, and 213.070, to read as follows: 213.010.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) "Color", refers to a person's skin color, pigmentation, complexion, shade, or 13 tone, regardless of race; 14 (4) "Commission", the Missouri commission on human rights; 15 [(4)] (5) "Complainant", a person who has filed a complaint with the commission 16 alleging 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 1558 2
17 [(5)] (6) "Disability", a physical or mental impairment which substantially limits one 18 or more of a person's major life activities, being regarded as having such an impairment, or a 19 record of having such an impairment, which with or without reasonable accommodation does 20 not interfere with performing the job, utilizing the place of public accommodation, or 21 occupying the dwelling in question. For purposes of this chapter, the term "disability" does 22 not include current, illegal use of or addiction to a controlled substance as such term is 23 defined by section 195.010; however, a person may be considered to have a disability if that 24 person: 25 (a) Has successfully completed a supervised drug rehabilitation program and is no 26 longer engaging in the illegal use of, and is not currently addicted to, a controlled substance or 27 has otherwise been rehabilitated successfully and is no longer engaging in such use and is not 28 currently addicted; 29 (b) Is participating in a supervised rehabilitation program and is no longer engaging 30 in illegal use of controlled substances; or 31 (c) Is erroneously regarded as currently illegally using, or being addicted to, a 32 controlled substance; 33 [(6)] (7) "Discrimination", conduct proscribed herein, taken because of [race,] color, 34 religion, national origin, ancestry, sex, or age as it relates to employment, disability, or 35 familial status as it relates to housing. Discrimination includes any unfair or differential 36 treatment based on a person's presumed or assumed color, religion, national origin, 37 ancestry, sex, or age as it relates to employment, disability, or familial status as it relates 38 to housing, regardless of whether the presumption or assumption as to such 39 characteristic is correct; 40 [(7)] (8) "Dwelling", any building, structure or portion thereof which is occupied as, 41 or designed or intended for occupancy as, a residence by one or more families, and any vacant 42 land which is offered for sale or lease for the construction or location thereon of any such 43 building, structure or portion thereof; 44 [(8)] (9) "Employer", a person engaged in an industry affecting commerce who has 45 six or more employees for each working day in each of twenty or more calendar weeks in the 46 current or preceding calendar year, and shall include the state, or any political or civil 47 subdivision thereof, or any person employing six or more persons within the state but does 48 not include corporations and associations owned or operated by religious or sectarian 49 organizations. "Employer" shall not include: 50 (a) The United States; 51 (b) A corporation wholly owned by the government of the United States; 52 (c) An individual employed by an employer; 53 (d) An Indian tribe; HB 1558 3
54 (e) Any department or agency of the District of Columbia subject by statute to 55 procedures of the competitive service, as defined in 5 U.S.C. Section [2101] 2102; or 56 (f) A bona fide private membership club, other than a labor organization, that is 57 exempt from taxation under 26 U.S.C. Section 501(c); 58 [(9)] (10) "Employment agency" includes any person or agency, public or private, 59 regularly undertaking with or without compensation to procure employees for an employer or 60 to procure for employees opportunities to work for an employer; 61 [(10)] (11) "Executive director", the executive director of the Missouri commission 62 on human rights; 63 [(11)] (12) "Familial status", one or more individuals who have not attained the age of 64 eighteen years being domiciled with: 65 (a) A parent or another person having legal custody of such individual; or 66 (b) The designee of such parent or other person having such custody, with the written 67 permission of such parent or other person. The protections afforded against discrimination 68 because of familial status shall apply to any person who is pregnant or is in the process of 69 securing legal custody of any individual who has not attained the age of eighteen years; 70 [(12)] (13) "Human rights fund", a fund established to receive civil penalties as 71 required by federal regulations and as set forth by subdivision (2) of subsection 11 of section 72 213.075, and which will be disbursed to offset additional expenses related to compliance with 73 the Department of Housing and Urban Development regulations; 74 [(13)] (14) "Labor organization" includes any organization which exists for the 75 purpose, in whole or in part, of collective bargaining or of dealing with employers concerning 76 grievances, terms or conditions of employment, or for other mutual aid or protection in 77 relation to employment; 78 [(14)] (15) "Local commissions", any commission or agency established prior to 79 August 13, 1986, by an ordinance or order adopted by the governing body of any city, 80 constitutional charter city, town, village, or county; 81 [(15)] (16) "Person" includes one or more individuals, corporations, partnerships, 82 associations, organizations, labor organizations, legal representatives, mutual companies, 83 joint stock companies, trusts, trustees, trustees in bankruptcy, receivers, fiduciaries, or other 84 organized groups of persons; 85 [(16)] (17) "Places of public accommodation", all places or businesses offering or 86 holding out to the general public, goods, services, privileges, facilities, advantages or 87 accommodations for the peace, comfort, health, welfare and safety of the general public or 88 such public places providing food, shelter, recreation and amusement, including, but not 89 limited to: HB 1558 4
90 (a) Any inn, hotel, motel, or other establishment which provides lodging to transient 91 guests, other than an establishment located within a building which contains not more than 92 five rooms for rent or hire and which is actually occupied by the proprietor of such 93 establishment as [his] the proprietor's residence; 94 (b) Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other 95 facility principally engaged in selling food for consumption on the premises, including, but 96 not limited to, any such facility located on the premises of any retail establishment; 97 (c) Any gasoline station, including all facilities located on the premises of such 98 gasoline station and made available to the patrons thereof; 99 (d) Any motion picture house, theater, concert hall, sports arena, stadium, or other 100 place of exhibition or entertainment; 101 (e) Any public facility owned, operated, or managed by or on behalf of this state or 102 any agency or subdivision thereof, or any public corporation; and any such facility supported 103 in whole or in part by public funds; 104 (f) Any establishment which is physically located within the premises of any 105 establishment otherwise covered by this section or within the premises of which is physically 106 located any such covered establishment, and which holds itself out as serving patrons of such 107 covered establishment; 108 [(17)] (18) "Rent" includes to lease, to sublease, to let and otherwise to grant for 109 consideration the right to occupy premises not owned by the occupant; 110 [(18)] (19) "Respondent", a person who is alleged to have engaged in a prohibited 111 discriminatory practice in a complaint filed with the commission; 112 [(19)] (20) "The motivating factor", the employee's protected classification actually 113 played a role in the adverse action or decision and had a determinative influence on the 114 adverse decision or action; 115 [(20)] (21) "Unlawful discriminatory practice", any act that is unlawful under this 116 chapter. 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, age as it relates to employment, disability, or familial status as it 4 relates to housing and to take other actions against discrimination because of [race,] color, 5 religion, national origin, ancestry, sex, age, disability, or familial status as provided by law; 6 and the commission is hereby given general jurisdiction and power for such purposes; 7 (2) To implement the purposes of this chapter first by conference, conciliation and 8 persuasion so that persons may be guaranteed their civil rights and goodwill be fostered; HB 1558 5
9 (3) To formulate policies to implement the purposes of this chapter and to make 10 recommendations to agencies and officers of the state and political subdivisions in aid of such 11 policies and purposes; 12 (4) To appoint such employees as it may deem necessary, fix their compensation 13 within the appropriations provided and in accordance with the wage structure established for 14 other state agencies, and prescribe their duties; 15 (5) To obtain upon request and utilize the services of all governmental departments 16 and agencies to be paid from appropriations to this commission; 17 (6) To adopt, promulgate, amend, and rescind suitable rules and regulations to carry 18 out the provisions of this chapter and the policies and practices of the commission in 19 connection therewith; 20 (7) To receive, investigate, initiate, and pass upon complaints alleging discrimination 21 in employment, housing or in places of public accommodations because of [race,] color, 22 religion, national origin, ancestry, sex, age as it relates to employment, disability, or familial 23 status as it relates to housing and to require the production for examination of any books, 24 papers, records, or other materials relating to any matter under investigation; 25 (8) To hold hearings, subpoena witnesses, compel their attendance, administer oaths, 26 to take the testimony of any person under oath, and, in connection therewith, to require the 27 production for examination of any books, papers or other materials relating to any matter 28 under investigation or in question before the commission; 29 (9) To issue publications and the results of studies and research which will tend to 30 promote goodwill and minimize or eliminate discrimination in housing, employment or in 31 places of public accommodation because of [race,] color, religion, national origin, ancestry, 32 sex, age as it relates to employment, disability, or familial status as it relates to housing; 33 (10) To provide each year to the governor and to the general assembly a full written 34 report of all its activities and of its recommendations; 35 (11) To adopt an official seal; 36 (12) To cooperate, act jointly, enter into cooperative or work-sharing agreements with 37 the United States Equal Employment Opportunity Commission, the United States Department 38 of Housing and Urban Development, and other federal agencies and local commissions or 39 agencies to achieve the purposes of this chapter; 40 (13) To accept grants, private gifts, bequests, and establish funds to dispose of such 41 moneys so long as the conditions of the grant, gift, or bequest are not inconsistent with the 42 purposes of this chapter and are used to achieve the purposes of this chapter; 43 (14) To establish a human rights fund as defined in section 213.010, for the purposes 44 of administering sections 213.040, 213.045, 213.050, 213.070, 213.075, and 213.076. HB 1558 6
45 2. No rule or portion of a rule promulgated under the authority of this chapter shall 46 become effective unless it has been promulgated pursuant to the provisions of section 47 536.024. 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, disability, or familial status; 5 (2) To discriminate against any person in the terms, conditions, or privileges of sale or 6 rental of a dwelling, or in the provision of services or facilities in connection therewith, 7 because of [race,] color, religion, national origin, ancestry, sex, disability, or familial status; 8 (3) To make, print, or publish, or cause to be made, printed, or published any notice, 9 statement or advertisement, with respect to the sale or rental of a dwelling that indicates any 10 preference, limitation, or discrimination because of [race,] color, religion, national origin, 11 ancestry, sex, disability, or familial status, or an intention to make any such preference, 12 limitation, or discrimination; 13 (4) To represent to any person because of [race,] color, religion, national origin, 14 ancestry, sex, disability, or familial status that any dwelling is not available for inspection, 15 sale, or rental when such dwelling is in fact so available; 16 (5) To induce or attempt to induce any person to sell or rent any dwelling by 17 representations regarding the entry or prospective entry into the neighborhood of a person or 18 persons because of a particular [race,] color, religion, national origin, ancestry, sex, disability, 19 or familial status; 20 (6) To discriminate in the sale or rental of, or to otherwise make unavailable or deny, 21 a dwelling to any buyer or renter because of a disability of: 22 (a) That buyer or renter; 23 (b) A person residing in or intending to reside in that dwelling after it is so sold, 24 rented, or made available; or 25 (c) Any person associated with that buyer or renter; 26 (7) To discriminate against any person in the terms, conditions, or privileges of sale or 27 rental of a dwelling, or in the provision of services or facilities in connection with such 28 dwelling, because of a disability of: 29 (a) That person; 30 (b) A person residing in or intending to reside in that dwelling after it is so sold, 31 rented, or made available; or 32 (c) Any person associated with that person. 33 2. For purposes of this section and sections 213.045 and 213.050, discrimination 34 includes: HB 1558 7
35 (1) A refusal to permit, at the expense of the person with the disability, reasonable 36 modifications of existing premises occupied or to be occupied by such person if such 37 modifications may be necessary to afford such person full enjoyment of the premises, except 38 that, in the case of a rental, the landlord may, where it is reasonable to do so, condition 39 permission for a modification on the renter's agreeing to restore the interior of the premises to 40 the condition that existed before the modification, reasonable wear and tear excepted; 41 (2) A refusal to make reasonable accommodations in rules, policies, practices, or 42 services, when such accommodations may be necessary to afford such person equal 43 opportunity to use and enjoy a dwelling; or 44 (3) In connection with the design and construction of covered multifamily dwellings 45 for first occupancy after March 13, 1991, a failure to design and construct those dwellings in 46 such a manner that: 47 (a) The public use and common use portions of such dwellings are readily accessible 48 to and usable by persons with a disability; 49 (b) All the doors designed to allow passage into and within all premises within such 50 dwellings are sufficiently wide to allow passage by persons with a disability in wheelchairs; 51 and 52 (c) All premises within such dwellings contain the following features of adaptive 53 design: 54 a. An accessible route into and through the dwelling; 55 b. Light switches, electrical outlets, thermostats, and other environmental controls in 56 accessible locations; 57 c. Reinforcements in bathroom walls to allow later installation of grab bars; and 58 d. Usable kitchens and bathrooms such that an individual in a wheelchair can 59 maneuver about the space. 60 3. As used in subdivision (3) of subsection 2 of this section, the term "covered 61 multifamily dwelling" means: 62 (1) Buildings consisting of four or more units if such buildings have one or more 63 elevators; and 64 (2) Ground floor units in other buildings consisting of four or more units. 65 4. Compliance with the appropriate requirements of the American National Standard 66 for Buildings and Facilities providing accessibility and us