HB 2460 -- Missouri Human Rights Act

Sponsor:  Emery

This bill changes the laws regarding the Missouri Human Rights
Act.  In its main provisions, the bill:

(1)  Revises the definition of "discrimination" to an adverse
action motivated by race, color, religion, national origin,
ancestry, sex, or age as it relates to employment, disability, or
familial status as it relates to housing;

(2)  Removes any person directly acting in the interest of an
employer from the definition of "employer";

(3)  Specifies that it is an unlawful employment practice when
race, color, religion, national origin, ancestry, sex, age, or
disability of any individual is the factor motivating the
employer's decision to fail or refuse to hire or otherwise limit
the individual's employment and for an employer, in an employment
context, or for a person, in a housing or real estate context, to
engage in an adverse action motivated by race, color, religion,
national origin, ancestry, sex, or age;

(4)  Allows the Commission on Human Rights to assess a civil
penalty of up to $3,000, increased from $2,000, if the respondent
has not been convicted of a violation in the preceding five
years; a civil penalty of up to $7,000, increased from $5,000, if
the respondent has been convicted of a violation in the preceding
five years; and a civil penalty of up to $15,000, increased from
$10,000, if the respondent has been convicted of two or more
violations in the preceding seven years;

(5)  Prohibits courts from awarding punitive damages to the
plaintiff if the defendant is a state governmental agency or
corporation, including public school districts and political
subdivisions; and

(6)  Rejects and abrogates the holdings in 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 citing, interpreting, applying, or following these
cases as they pertain to the discrimination standard, unlawful
employment practices, and unlawful discriminatory practices in
Section 213.070, RSMo.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:12 pm