EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 428
102ND GENERAL ASSEMBLY
INTRODUCED BY SENATOR CARTER.
1694S.02I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 213.010 and 213.020, RSMo, and to enact in lieu thereof two 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 and 213.020, RSMo, are 1
repealed and two new sections enacted in lieu thereof, to be 2
known as sections 213.010 and 213.0 20, to read as follows:3
213.010. As used in this chapter, the following terms 1
shall mean: 2
(1) "Age", an age of forty or more years but less than 3
seventy years, except that it shall not be an unlawful 4
employment practice for an employer to r equire the 5
compulsory retirement of any person who has attained the age 6
of sixty-five and who, for the two -year period immediately 7
before retirement, is employed in a bona fide executive or 8
high policy-making position, if such person is entitled to 9
an immediate nonforfeitable annual retirement benefit from a 10
pension, profit sharing, savings or deferred compensation 11
plan, or any combination of such plans, of the employer, 12
which equals, in the aggregate, at least forty -four thousand 13
dollars; 14
(2) "Because" or "because of", as it relates to the 15
adverse decision or action, the protected criterion was the 16
motivating factor; 17 SB 428 2
(3) "Commission", the Missouri commission on human 18
rights; 19
(4) "Complainant", a person who has filed a complaint 20
with the commission alleging that another person has engaged 21
in a prohibited discriminatory practice; 22
(5) "Disability", a physical or mental impairment 23
which substantially limits one or more of a person's major 24
life activities, being regarded as having such an 25
impairment, or a record of having such an impairment, which 26
with or without reasonable accommodation does not interfere 27
with performing the job, utilizing the place of public 28
accommodation, or occupying the dwelling in question. For 29
purposes of this chapter, the term "disability" does not 30
include current, illegal use of or addiction to a controlled 31
substance as such term is defined by section 195.010; 32
however, a person may be considered to have a disability if 33
that person: 34
(a) Has successfully completed a supervised drug 35
rehabilitation program and is no longer engaging in the 36
illegal use of, and is not currently addicted to, a 37
controlled substance or has otherwise been rehabilitated 38
successfully and is no longer engaging i n such use and is 39
not currently addicted; 40
(b) Is participating in a supervised rehabilitation 41
program and is no longer engaging in illegal use of 42
controlled substances; or 43
(c) Is erroneously regarded as currently illegally 44
using, or being addicted to, a controlled substance; 45
(6) "Discrimination", conduct proscribed herein, taken 46
because of race, color, religion, national origin, ancestry, 47
sex, or age as it relates to employment, disability, or 48
familial status as it relates to housin g; 49 SB 428 3
(7) "Dwelling", any building, structure or portion 50
thereof which is occupied as, or designed or intended for 51
occupancy as, a residence by one or more families, and any 52
vacant land which is offered for sale or lease for the 53
construction or loca tion thereon of any such building, 54
structure or portion thereof; 55
(8) "Employer", a person engaged in an industry 56
affecting commerce who has six or more employees for each 57
working day in each of twenty or more calendar weeks in the 58
current or preceding calendar year, and shall include the 59
state, or any political or civil subdivision thereof, or any 60
person employing six or more persons within the state [but 61
does not include corporations and associations owned or 62
operated by religious or sectaria n organizations]. 63
"Employer" shall not include: 64
(a) The United States; 65
(b) A corporation wholly owned by the government of 66
the United States; 67
(c) An individual employed by an employer; 68
(d) An Indian tribe; 69
(e) Any department or agency of the District of 70
Columbia subject by statute to procedures of the competitive 71
service, as defined in 5 U.S.C. Section 2101; [or] 72
(f) A bona fide private membership club, other than a 73
labor organization, that is exempt from taxation u nder 26 74
U.S.C. Section 501(c); or 75
(g) A corporation or association that is exempt from 76
federal taxation pursuant to 26 U.S.C. 501(c) and that is 77
either: 78
a. Owned or operated by one or more religious or 79
sectarian organizations; or 80
b. Organized and operated for religious purposes. 81 SB 428 4
(9) "Employment agency" includes any person or agency, 82
public or private, regularly undertaking with or without 83
compensation to procure employees for an employer or to 84
procure for employees opportuniti es to work for an employer; 85
(10) "Executive director", the executive director of 86
the Missouri commission on human rights; 87
(11) "Familial status", one or more individuals who 88
have not attained the age of eighteen years being domiciled 89
with: 90
(a) A parent or another person having legal custody of 91
such individual; or 92
(b) The designee of such parent or other person having 93
such custody, with the written permission of such parent or 94
other person. The protections afforded against 95
discrimination because of familial status shall apply to any 96
person who is pregnant or is in the process of securing 97
legal custody of any individual who has not attained the age 98
of eighteen years; 99
(12) "Human rights fund", a fund established to 100
receive civil penalties as required by federal regulations 101
and as set forth by subdivision (2) of subsection 11 of 102
section 213.075, and which will be disbursed to offset 103
additional expenses related to compliance with the 104
Department of Housing and Urban Dev elopment regulations; 105
(13) "Labor organization" includes any organization 106
which exists for the purpose, in whole or in part, of 107
collective bargaining or of dealing with employers 108
concerning grievances, terms or conditions of employment, or 109
for other mutual aid or protection in relation to employment; 110
(14) "Local commissions", any commission or agency 111
established prior to August 13, 1986, by an ordinance or 112 SB 428 5
order adopted by the governing body of any city, 113
constitutional charter city, town, village, or county; 114
(15) "Person" includes one or more individuals, 115
corporations, partnerships, associations, organizations, 116
labor organizations, legal representatives, mutual 117
companies, joint stock companies, trusts, trustees, trustees 118
in bankruptcy, receivers, fiduciaries, or other organized 119
groups of persons; 120
(16) "Places of public accommodation", all places or 121
businesses offering or holding out to the general public, 122
goods, services, privileges, facilities, advantages or 123
accommodations for the peace, comfort, health, welfare and 124
safety of the general public or such public places providing 125
food, shelter, recreation and amusement, including, but not 126
limited to: 127
(a) Any inn, hotel, motel, or other establishment 128
which provides lodging to transient guests, other than an 129
establishment located within a building which contains not 130
more than five rooms for rent or hire and which is actually 131
occupied by the proprietor of such establishment as his 132
residence; 133
(b) Any restaurant, cafeteria, lunchroom, lunch 134
counter, soda fountain, or other facility principally 135
engaged in selling food for consumption on the premises, 136
including, but not limited to, any such facility located on 137
the premises of any retail establishment; 138
(c) Any gasoline station, including all facilities 139
located on the premises of such gasoline station and made 140
available to the patrons thereof; 141
(d) Any motion picture house, theater, concert hall, 142
sports arena, stadium, or other place of exhibition o r 143
entertainment; 144 SB 428 6
(e) Any public facility owned, operated, or managed by 145
or on behalf of this state or any agency or subdivision 146
thereof, or any public corporation; and any such facility 147
supported in whole or in part by public funds; 148
(f) Any establishment which is physically located 149
within the premises of any establishment otherwise covered 150
by this section or within the premises of which is 151
physically located any such covered establishment, and which 152
holds itself out as serving patrons of such covered 153
establishment; 154
(17) "Rent" includes to lease, to sublease, to let and 155
otherwise to grant for consideration the right to occupy 156
premises not owned by the occupant; 157
(18) "Respondent", a person who is alleged to have 158
engaged in a prohibited discriminatory practice in a 159
complaint filed with the commission; 160
(19) "The motivating factor", the employee's protected 161
classification actually played a role in the adverse action 162
or decision and had a determinative influence on the a dverse 163
decision or action; 164
(20) "Unlawful discriminatory practice", any act that 165
is unlawful under this chapter. 166
213.020. 1. There is hereby created a "Missouri 1
Commission on Human Rights". It shall consist of eleven 2
members, with no less than one from each of the 3
congressional districts of this state, serving without 4
compensation, to be appointed by the governor with the 5
advice and consent of the senate. One of the members shall 6
be appointed chairperson by the governor. Appointments to 7
the commission shall be for a term of six years. No more 8
than six members at any one time shall be members of the 9
same political party. In the event of the death or 10 SB 428 7
resignation of any member, his successor shall be appointed 11
to serve for the unexpired period of the term for which such 12
member had been appointed. 13
2. The function of the commission shall be to 14
encourage fair treatment for and to foster mutual 15
understanding and respect among, and to discourage 16
discrimination against, any racial, ethnic, religious or 17
other group protected by this chapter, members of these 18
groups or persons with disabilities. 19
3. Any local commission created and established prior 20
to August 13, 1986, by an ordinance adopted by the governing 21
body of any city, constitutional charter city, town, 22
village, or county, shall have the power and authority to 23
seek to eliminate and prevent discrimination in employment, 24
housing, and public accommodation, and to establish related 25
programs, which shall be certified by the commission as 26
substantially equivalent. The power and authority of such 27
commissions to initiate and pursue administrative 28
proceedings and remedies shall be solely as provided in this 29
section and section 213.135. 30
4. (1) Enforcement of this chapter, and the local 31
exercise of delegated authority to regulate unlawful 32
discriminatory practices, by local commissions shall be 33
consistent with the scope, exemptions, definitions, and 34
standard of causation set out in this chapter. 35
(2) Any ordinance enacted by the governing body of any 36
city, constitutional charter city, town, village, or county 37
to regulate unlawful discriminatory practices shall contain 38
the following provisions: 39
(a) The "motivating factor" standard of causation set 40
out in 213.010 shall be the standard of causation in 41 SB 428 8
determining liability under every local ordinance regulating 42
unlawful discriminatory practices; 43
(b) The exemptions that exist under this chapter 44
pursuant to subdivision (8) of se ction 213.010 and 45
subsection 3 of section 213.065 shall be incorporated in 46
every local ordinance regulating unlawful discriminatory 47
practices and apply equally as exemptions under such local 48
ordinance; 49
(c) The provisions of section 213.101 pertai ning to 50
construction of statutes shall apply to the construction of 51
every local ordinance regulating unlawful discriminatory 52
practices; and 53
(d) All of the definitions set forth in section 54
213.010 shall apply to every local ordinance regulating 55
unlawful discriminatory practices. 56
(3) A local ordinance regulating unlawful 57
discriminatory practices may only regulate acts that 58
constitute an unlawful discriminatory practice under this 59
chapter. 60
(4) No authority is delegated to any city, 61
constitutional charter city, town, village, or county to 62
enact an antidiscrimination ordinance that purports to 63
regulate an act that is not an unlawful discriminatory 64
practice under this chapter. 65
(5) No local ordinance regulating unlawful 66
discriminatory practices shall be deemed to create a private 67
cause of action. 68