HB 1488 -- Unlawful Discriminatory Practices in Employment

Sponsor:  Jones (89)

This bill changes the laws regarding unlawful discriminatory
practices in employment as they relate to the Missouri Human
Rights Law and the Workers' Compensation Law.

MISSOURI HUMAN RIGHTS LAW

Under the provisions of the Missouri Human Rights Law, the bill:

(1)  Adds the definition of "because" or "because of" as it
relates to a decision or action to be the protected criterion was
the motivating factor; however, where the decision or action was
alleged premised upon age, they mean that the decision or action
would not have occurred but for age;

(2)  Revises the definition of "employer" by specifying that it
is a person engaged in an industry affecting commerce who has six
or more employees for each working day in each of 20 or more
calendar weeks in the current or preceding year.  The federal
government; an Indian tribe; private membership clubs, excluding
labor organizations; and corporations and associations owned and
operated by religious or sectarian groups are not considered
employers under the law;

(3)  Abrogates certain cases for interpreting and applying the
provisions of Chapter 213, Human Rights, as they relate to
unlawful employment practices;

(4)  Requires courts to rely heavily upon judicial
interpretations of Title VII of the Civil Rights Act of 1964, the
Age Discrimination Employment Act of 1967, and the Americans With
Disabilities Act for interpreting and applying the provisions of
Chapter 213 in employment cases;

(5)  Specifies that the legislature intends expressly to abrogate
McBryde v. Ritenour School District, 207 S.W.3d 162 (Mo. App.
E.D.) as it relates to the necessity and appropriateness of the
issuance of a business judgment instruction;

(6)  Recommends that certain frameworks for analysis should be
considered highly persuasive if an employer in a Chapter 213 case
files a Rule 74.04 of the Missouri Rules of Civil Procedure
motion as a tool in removing factually insubstantial cases from
crowded dockets;

(7)  Allows any party in any unlawful discriminatory employment
practice complaint to demand a trial by jury;

(8)  Specifies that the amount of all damages awarded cannot
exceed the amount of the actual back pay plus interest and
punitive damages of up to $50,000 in the case of an employer with
six to 100 employees; up to $100,000 for an employer with 101 to
200 employees; up to $200,000 for an employer with 201 to 500
employees; and up to $300,000 for an employer with more than 500
employees.  The maximum award amounts do not apply to unlawful
discrimination actions regarding housing, commercial real estate
loans, and selling or renting by real estate agencies;

(9)  Requires the plaintiff to prove the protected criterion was
the motivating factor in the alleged unlawful decision or action
in any employment-related civil action; and

(10)  Prohibits punitive damages from being awarded against the
state or any of its political subdivisions.

WORKERS' COMPENSATION LAW

Under the provisions of the Workers' Compensation Law, the bill:

(1)  Specifies that it is unlawful for an employer to retaliate
or discriminate in any manner against an employee exclusively
because the employee refused to violate the law at the request of
someone employed by the employer with supervisory authority over
the employee or because the employee reported a violation of the
law to an authority of the federal, state, or local government;

(2)  Requires the plaintiff in any civil action for damages for
exercising his or her rights under the law that resulted in the
discharge of or discrimination against the employee to prove the
employer's decision or action was motivated exclusively by the
employee exercising his or her rights under the law;

(3)  Specifies that remedies for all unlawful employment
practices articulated in the law are exclusive and abrogates any
common law causes of action to the contrary; and

(4)  Specifies that the amount of compensatory damages and
punitive damages awarded in any action brought by an employee for
discharge or discrimination against an employer or former
employer cannot exceed $50,000 for an employer with fewer than
101 employees; $100,000 for an employer with 101 to 200
employees; $200,000 for an employer with 201 to 500 employees;
and $300,000 for an employer with more than 500 employees.
Compensatory damages do not include back pay or interest on back
pay.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:11 pm