HB 227 -- Human Rights

Sponsor:  Emery

This bill revises the definition of "discrimination" to an
adverse action motivated by race, color, religion, national
origin, ancestry, sex, age as it relates to employment,
disability, or familial status as it relates to housing.  The
bill also removes any person directly acting in the interest of
an employer from the definition of "employer."

The maximum penalty that a person who has been adjudged to have
violated one or more of the provisions regarding discrimination
as it relates to the rental, sale, or financing of housing or
commercial real estate within five years of the date of the
filing of the complaint is increased from $2,000 to $3,000.  The
maximum penalty for a person adjudged to have committed one
violation within five years of the date on which the complaint is
filed is increased from $5,000 to $7,000.  The maximum penalty
for a person adjudged to have committed two or more prior
violations within seven years of the date on which the complaint
is filed is increased from $10,000 to $15,000.

Courts cannot award punitive damages to state governmental
agencies or corporations, including public school districts and
political subdivisions.

The bill specifies that in applying the provisions of the Human
Rights Law it is the intent of the legislature to reject and
abrogate Daugherty v. City of Maryland Heights, 231 S.W.3d 814
(Mo. 2007), Cooper v. Albacore Holdings, Inc., 204 S.W.3d 238
(Mo. App. E.D. 2006), and McBryde v. Ritenour School District,
207 S.W.3d 162 (Mo. App. E.D. 2006), and all cases as they
pertain to the discrimination standard defined by Section
213.010, RSMo, unlawful employment practices in Section 213.055,
and unlawful discriminatory practices in Section 213.070.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:24 am