Missouri 2025 Regular Session

Missouri Senate Bill SB608 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3	and is intended to be omitted in the law.
4	4	FIRST REGULAR SESSION
5	5	SENATE BILL NO. 608
6	6	103RD GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR LEWIS.
8	8	2070S.01I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal sections 213.010, 213.030, 213.040, 213.045, 213.050, 213.055, 213.065, 213.070, and
11	11	213.101, RSMo, and to enact in lieu thereof nine new sections relating to unlawful
12	12	discriminatory practices.
13	13
14	14	Be it enacted by the General Assembly of the State of Missouri, as follows:
15	15	Section A. Sections 213.010, 213.030, 213.040, 213.045, 1
16	16	213.050, 213.055, 213.065, 213.070, and 213.101, RSMo, are 2
17	17	repealed and nine new sections enacted in lieu thereof, to be 3
18	18	known as sections 213.010, 213.030, 213.040, 213.045, 213.050, 4
19	19	213.055, 213.065, 213.070, and 213.101, to read as follows:5
20	20	213.010. As used in this chapter, the fol lowing terms 1
21	21	shall mean: 2
22	22	(1) "A motivating factor", the employee's protected 3
23	23	classification that actually played a role in the adverse 4
24	24	action or decision and had a determinative influence on the 5
25	25	adverse decision or action; 6
26	26	(2) "Age", an age of forty or more years but less than 7
27	27	seventy years, except that it shall not be an unlawful 8
28	28	employment practice for an employer to require the 9
29	29	compulsory retirement of any person who has attained the age 10
30	30	of sixty-five and who, for the two -year period immediately 11
31	31	before retirement, is employed in a bona fide executive or 12
32	32	high policy-making position, if such person is entitled to 13
33	33	an immediate nonforfeitable annual retirement benefit from a 14
34	34	pension, profit sharing, savings or deferred compensation 15 SB 608 2
35	35	plan, or any combination of such plans, of the employer, 16
36	36	which equals, in the aggregate, at least forty -four thousand 17
37	37	dollars; 18
38	38	[(2)] (3) "Because" or "because of", as it relates to 19
39	39	the adverse decision or action, the protected criterion was 20
40	40	the motivating factor; 21
41	41	[(3)] (4) "Commission", the Missouri commission on 22
42	42	human rights; 23
43	43	[(4)] (5) "Complainant", a person who has filed a 24
44	44	complaint with the commission alleging that another person 25
45	45	has engaged in a prohibited discriminatory practice ; 26
46	46	[(5)] (6) "Disability", a physical or mental 27
47	47	impairment which substantially limits one or more of a 28
48	48	person's major life activities, being regarded as having 29
49	49	such an impairment, or a record of having such an 30
50	50	impairment, which with or without rea sonable accommodation 31
51	51	does not interfere with performing the job, utilizing the 32
52	52	place of public accommodation, or occupying the dwelling in 33
53	53	question. For purposes of this chapter, the term 34
54	54	"disability" does not include current, illegal use of or 35
55	55	addiction to a controlled substance as such term is defined 36
56	56	by section 195.010; however, a person may be considered to 37
57	57	have a disability if that person: 38
58	58	(a) Has successfully completed a supervised drug 39
59	59	rehabilitation program and is no longer engaging in the 40
60	60	illegal use of, and is not currently addicted to, a 41
61	61	controlled substance or has otherwise been rehabilitated 42
62	62	successfully and is no longer engaging in such use and is 43
63	63	not currently addicted; 44
64	64	(b) Is participating in a supervised rehabilitat ion 45
65	65	program and is no longer engaging in illegal use of 46
66	66	controlled substances; or 47 SB 608 3
67	67	(c) Is erroneously regarded as currently illegally 48
68	68	using, or being addicted to, a controlled substance; 49
69	69	[(6)] (7) "Discrimination", conduct proscribed herein, 50
70	70	taken because of race, color, religion, national origin, 51
71	71	ancestry, sex, [or] sexual orientation, gender identity, or 52
72	72	age, as it relates to employment, disability, veteran 53
73	73	status, or familial status as it relates to housing . 54
74	74	Discrimination includes an y unfair treatment based on a 55
75	75	person’s presumed or assumed race, color, religion, national 56
76	76	origin, ancestry, sex, sexual orientation, gender identity, 57
77	77	age, as it relates to employment, disability, veteran 58
78	78	status, or familial status as it relates to hou sing, 59
79	79	regardless of whether the presumption or assumption as to 60
80	80	such characteristic is correct ; 61
81	81	[(7)] (8) "Dwelling", any building, structure or 62
82	82	portion thereof which is occupied as, or designed or 63
83	83	intended for occupancy as, a residence by one or more 64
84	84	families, and any vacant land which is offered for sale or 65
85	85	lease for the construction or location thereon of any such 66
86	86	building, structure or portion thereof; 67
87	87	[(8)] (9) "Employer", a person engaged in an industry 68
88	88	affecting commerce who has s ix or more employees for each 69
89	89	working day in each of twenty or more calendar weeks in the 70
90	90	current or preceding calendar year, and shall include the 71
91	91	state, or any political or civil subdivision thereof, or any 72
92	92	person employing six or more persons within the state but 73
93	93	does not include corporations and associations owned [or] 74
94	94	and operated by religious or sectarian organizations. 75
95	95	"Employer" shall not include: 76
96	96	(a) The United States; 77
97	97	(b) A corporation wholly owned by the government of 78
98	98	the United States; 79 SB 608 4
99	99	(c) [An individual employed by an employer; 80
100	100	(d)] An Indian tribe; 81
101	101	[(e)] (d) Any department or agency of the District of 82
102	102	Columbia subject by statute to procedures of the competitive 83
103	103	service, as defined in 5 U.S.C. Section [2101] 2102; or 84
104	104	[(f)] (e) A bona fide private membership club, other 85
105	105	than a labor organization, that is exempt from taxation 86
106	106	under 26 U.S.C. Section 501(c); 87
107	107	[(9)] (10) "Employment agency" includes any person or 88
108	108	agency, public or private, regula rly undertaking with or 89
109	109	without compensation to procure employees for an employer or 90
110	110	to procure for employees opportunities to work for an 91
111	111	employer; 92
112	112	[(10)] (11) "Executive director", the executive 93
113	113	director of the Missouri commission on human righ ts; 94
114	114	[(11)] (12) "Familial status", one or more individuals 95
115	115	who have not attained the age of eighteen years being 96
116	116	domiciled with: 97
117	117	(a) A parent or another person having legal custody of 98
118	118	such individual; or 99
119	119	(b) The designee of such parent or other person having 100
120	120	such custody, with the written permission of such parent or 101
121	121	other person. The protections afforded against 102
122	122	discrimination because of familial status shall apply to any 103
123	123	person who is pregnant or is in the process of securing 104
124	124	legal custody of any individual who has not attained the age 105
125	125	of eighteen years; 106
126	126	(13) "Gender identity", the gender -related identity, 107
127	127	appearance, mannerisms, or other gender -related 108
128	128	characteristics of an individual, with or without regard to 109
129	129	the individual's assigned sex at birth; 110 SB 608 5
130	130	[(12)] (14) "Human rights fund", a fund established to 111
131	131	receive civil penalties as required by federal regulations 112
132	132	and as set forth by subdivision (2) of subsection 11 of 113
133	133	section 213.075, and which will be disbursed to offset 114
134	134	additional expenses related to compliance with the 115
135	135	Department of Housing and Urban Development regulations; 116
136	136	[(13)] (15) "Labor organization" includes any 117
137	137	organization which exists for the purpose, in whole or in 118
138	138	part, of collective bar gaining or of dealing with employers 119
139	139	concerning grievances, terms or conditions of employment, or 120
140	140	for other mutual aid or protection in relation to employment; 121
141	141	[(14)] (16) "Local commissions", any commission or 122
142	142	agency established prior to August 1 3, 1986, by an ordinance 123
143	143	or order adopted by the governing body of any city, 124
144	144	constitutional charter city, town, village, or county; 125
145	145	[(15)] (17) "Person" includes one or more individuals, 126
146	146	corporations, partnerships, associations, organizations, 127
147	147	labor organizations, legal representatives, mutual 128
148	148	companies, joint stock companies, trusts, trustees, trustees 129
149	149	in bankruptcy, receivers, fiduciaries, or other organized 130
150	150	groups of persons; 131
151	151	[(16)] (18) "Places of public accommodation", all 132
152	152	places or businesses offering or holding out to the general 133
153	153	public, goods, services, privileges, facilities, advantages 134
154	154	or accommodations for the peace, comfort, health, welfare 135
155	155	and safety of the general public or such public places 136
156	156	providing food, shelter, rec reation and amusement, 137
157	157	including, but not limited to: 138
158	158	(a) Any inn, hotel, motel, or other establishment 139
159	159	which provides lodging to transient guests, other than an 140
160	160	establishment located within a building which contains not 141
161	161	more than five rooms for rent or hire and which is actually 142 SB 608 6
162	162	occupied by the proprietor of such establishment as [his] 143
163	163	the proprietor's residence; 144
164	164	(b) Any restaurant, cafeteria, lunchroom, lunch 145
165	165	counter, soda fountain, or other facility principally 146
166	166	engaged in selling food for consumption on the premises, 147
167	167	including, but not limited to, any such facility located on 148
168	168	the premises of any retail establishment; 149
169	169	(c) Any gasoline station, including all facilities 150
170	170	located on the premises of such gasoline station and made 151
171	171	available to the patrons thereof; 152
172	172	(d) Any motion picture house, theater, concert hall, 153
173	173	sports arena, stadium, or other place of exhibition or 154
174	174	entertainment; 155
175	175	(e) Any public facility owned, operated, or managed by 156
176	176	or on behalf of this state or any agency or subdivision 157
177	177	thereof, or any public corporation; and any such facility 158
178	178	supported in whole or in part by public funds; 159
179	179	(f) Any establishment which is physically located 160
180	180	within the premises of any establishment otherwise covered 161
181	181	by this section or within the premises of which is 162
182	182	physically located any such covered establishment, and which 163
183	183	holds itself out as serving patrons of such covered 164
184	184	establishment; 165
185	185	(19) "Race", includes a perception that a person is of 166
186	186	a particular racial group based upon: 167
187	187	(a) Shared physical traits associated with ancestral 168
188	188	origin or ethnicity; 169
189	189	(b) Shared cultural attributes; 170
190	190	(c) Wearing of protective hairstyles including, but 171
191	191	not limited to, hairstyles and coverings that are designed 172
192	192	to protect textured hair from damage so it may be worn in 173 SB 608 7
193	193	its natural state such as braids, wigs, locks, twists, and 174
194	194	afros; and 175
195	195	(d) Similar physical characteristics such as skin 176
196	196	color and facial features; 177
197	197	[(17)] (20) "Rent" includes to lea se, to sublease, to 178
198	198	let and otherwise to grant for consideration the right to 179
199	199	occupy premises not owned by the occupant; 180
200	200	[(18)] (21) "Respondent", a person who is alleged to 181
201	201	have engaged in a prohibited discriminatory practice in a 182
202	202	complaint filed with the commission; 183
203	203	[(19) "The motivating factor", the employee's 184
204	204	protected classification actually played a role in the 185
205	205	adverse action or decision and had a determinative influence 186
206	206	on the adverse decision or action; ] 187
207	207	(22) "Sexual orientation", one's actual or perceived 188
208	208	emotional or physical attraction to, or romantic or physical 189
209	209	relationships with, members of the same gender, members of a 190
210	210	different gender, or members of any gender; or the lack of 191
211	211	any emotional or physical attraction t o, or romantic or 192
212	212	physical relationships with, anyone. The term "sexual 193
213	213	orientation" includes a history of such attraction or 194
214	214	relationship or a history of no such attraction or 195
215	215	relationship; 196
216	216	[(20)] (23) "Unlawful discriminatory practice", any 197
217	217	act that is unlawful under this chapter ; 198
218	218	(24) "Veteran status", an individual who served in a 199
219	219	branch of the military of the United States or in the 200
220	220	Missouri National Guard and was discharged for any reason 201
221	221	other than dishonorable discharge or bad c onduct discharge. 202
222	222	213.030. 1. The powers and duties of the commission 1
223	223	shall be: 2 SB 608 8
224	224	(1) To seek to eliminate and prevent discrimination 3
225	225	because of race, color, religion, national origin, ancestry, 4
226	226	sex, sexual orientation, gender i dentity, age, as it relates 5
227	227	to employment, disability, veteran status, or familial 6
228	228	status as it relates to housing and to take other actions 7
229	229	against discrimination because of race, color, religion, 8
230	230	national origin, ancestry, sex, sexual orientation, ge nder 9
231	231	identity, age, disability, veteran status, or familial 10
232	232	status as provided by law; and the commission is hereby 11
233	233	given general jurisdiction and power for such purposes; 12
234	234	(2) To implement the purposes of this chapter first by 13
235	235	conference, conciliation and persuasion so that persons may 14
236	236	be guaranteed their civil rights and goodwill be fostered; 15
237	237	(3) To formulate policies to implement the purposes of 16
238	238	this chapter and to make recommendations to agencies and 17
239	239	officers of the state and political subdivisions in aid of 18
240	240	such policies and purposes; 19
241	241	(4) To appoint such employees as it may deem 20
242	242	necessary, fix their compensation within the appropriations 21
243	243	provided and in accordance with the wage structure 22
244	244	established for other state agencies, and prescribe their 23
245	245	duties; 24
246	246	(5) To obtain upon request and utilize the services of 25
247	247	all governmental departments and agencies to be paid from 26
248	248	appropriations to this commission; 27
249	249	(6) To adopt, promulgate, amend, and rescind suitable 28
250	250	rules and regulations to carry out the provisions of this 29
251	251	chapter and the policies and practices of the commission in 30
252	252	connection therewith; 31
253	253	(7) To receive, investigate, initiate, and pass upon 32
254	254	complaints alleging discrimination in employment, housing or 33
255	255	in places of public accommodations because of race, color, 34 SB 608 9
256	256	religion, national origin, ancestry, sex, sexual 35
257	257	orientation, gender identity, age, as it relates to 36
258	258	employment, disability, veteran status, or familial status 37
259	259	as it relates to housing and to req uire the production for 38
260	260	examination of any books, papers, records, or other 39
261	261	materials relating to any matter under investigation; 40
262	262	(8) To hold hearings, subpoena witnesses, compel their 41
263	263	attendance, administer oaths, to take the testimony of any 42
264	264	person under oath, and, in connection therewith, to require 43
265	265	the production for examination of any books, papers or other 44
266	266	materials relating to any matter under investigation or in 45
267	267	question before the commission; 46
268	268	(9) To issue publications and the res ults of studies 47
269	269	and research which will tend to promote goodwill and 48
270	270	minimize or eliminate discrimination in housing, employment 49
271	271	or in places of public accommodation because of race, color, 50
272	272	religion, national origin, ancestry, sex, sexual 51
273	273	orientation, gender identity, age, as it relates to 52
274	274	employment, disability, veteran status, or familial status 53
275	275	as it relates to housing; 54
276	276	(10) To provide each year to the governor and to the 55
277	277	general assembly a full written report of all its activities 56
278	278	and of its recommendations; 57
279	279	(11) To adopt an official seal; 58
280	280	(12) To cooperate, act jointly, enter into cooperative 59
281	281	or work-sharing agreements with the United States Equal 60
282	282	Employment Opportunity Commission, the United States 61
283	283	Department of Housing an d Urban Development, and other 62
284	284	federal agencies and local commissions or agencies to 63
285	285	achieve the purposes of this chapter; 64
286	286	(13) To accept grants, private gifts, bequests, and 65
287	287	establish funds to dispose of such moneys so long as the 66 SB 608 10
288	288	conditions of the grant, gift, or bequest are not 67
289	289	inconsistent with the purposes of this chapter and are used 68
290	290	to achieve the purposes of this chapter; 69
291	291	(14) To establish a human rights fund as defined in 70
292	292	section 213.010, for the purposes of administering section s 71
293	293	213.040, 213.045, 213.050, 213.070, 213.075, and 213.076. 72
294	294	2. No rule or portion of a rule promulgated under the 73
295	295	authority of this chapter shall become effective unless it 74
296	296	has been promulgated pursuant to the provisions of [section 75
297	297	536.024] chapter 536. 76
298	298	213.040. 1. It shall be an unlawful housing practice: 1
299	299	(1) To refuse to sell or rent after the making of a 2
300	300	bona fide offer, to refuse to negotiate for the sale or 3
301	301	rental of, to deny or otherwise make unavailable, a dwel ling 4
302	302	to any person because of race, color, religion, national 5
303	303	origin, ancestry, sex, sexual orientation, gender identity, 6
304	304	disability, veteran status, or familial status; 7
305	305	(2) To discriminate against any person in the terms, 8
306	306	conditions, or privileg es of sale or rental of a dwelling, 9
307	307	or in the provision of services or facilities in connection 10
308	308	therewith, because of race, color, religion, national 11
309	309	origin, ancestry, sex, sexual orientation, gender identity, 12
310	310	disability, veteran status, or familial status; 13
311	311	(3) To make, print, or publish, or cause to be made, 14
312	312	printed, or published any notice, statement or 15
313	313	advertisement, with respect to the sale or rental of a 16
314	314	dwelling that indicates any preference, limitation, or 17
315	315	discrimination because of race , color, religion, national 18
316	316	origin, ancestry, sex, sexual orientation, gender identity, 19
317	317	disability, veteran status, or familial status, or an 20
318	318	intention to make any such preference, limitation, or 21
319	319	discrimination; 22 SB 608 11
320	320	(4) To represent to any person bec ause of race, color, 23
321	321	religion, national origin, ancestry, sex, sexual 24
322	322	orientation, gender identity, disability, veteran status, or 25
323	323	familial status that any dwelling is not available for 26
324	324	inspection, sale, or rental when such dwelling is in fact so 27
325	325	available; 28
326	326	(5) To induce or attempt to induce any person to sell 29
327	327	or rent any dwelling by representations regarding the entry 30
328	328	or prospective entry into the neighborhood of a person or 31
329	329	persons because of a particular race, color, religion, 32
330	330	national origin, ancestry, sex, sexual orientation, gender 33
331	331	identity, disability, veteran status, or familial status; 34
332	332	(6) To discriminate in the sale or rental of, or to 35
333	333	otherwise make unavailable or deny, a dwelling to any buyer 36
334	334	or renter because of a disabil ity of: 37
335	335	(a) That buyer or renter; 38
336	336	(b) A person residing in or intending to reside in 39
337	337	that dwelling after it is so sold, rented, or made 40
338	338	available; or 41
339	339	(c) Any person associated with that buyer or renter; 42
340	340	(7) To discriminate against any person in the terms, 43
341	341	conditions, or privileges of sale or rental of a dwelling, 44
342	342	or in the provision of services or facilities in connection 45
343	343	with such dwelling, because of a disability of: 46
344	344	(a) That person; 47
345	345	(b) A person residing in or int ending to reside in 48
346	346	that dwelling after it is so sold, rented, or made 49
347	347	available; or 50
348	348	(c) Any person associated with that person. 51
349	349	2. For purposes of this section and sections 213.045 52
350	350	and 213.050, discrimination includes: 53 SB 608 12
351	351	(1) A refusal to permit, at the expense of the person 54
352	352	with the disability, reasonable modifications of existing 55
353	353	premises occupied or to be occupied by such person if such 56
354	354	modifications may be necessary to afford such person full 57
355	355	enjoyment of the premises, except that , in the case of a 58
356	356	rental, the landlord may, where it is reasonable to do so, 59
357	357	condition permission for a modification on the renter's 60
358	358	agreeing to restore the interior of the premises to the 61
359	359	condition that existed before the modification, reasonable 62
360	360	wear and tear excepted; 63
361	361	(2) A refusal to make reasonable accommodations in 64
362	362	rules, policies, practices, or services, when such 65
363	363	accommodations may be necessary to afford such person equal 66
364	364	opportunity to use and enjoy a dwelling; or 67
365	365	(3) In connection with the design and construction of 68
366	366	covered multifamily dwellings for first occupancy after 69
367	367	March 13, 1991, a failure to design and construct those 70
368	368	dwellings in such a manner that: 71
369	369	(a) The public use and common use portions of such 72
370	370	dwellings are readily accessible to and usable by persons 73
371	371	with a disability; 74
372	372	(b) All the doors designed to allow passage into and 75
373	373	within all premises within such dwellings are sufficiently 76
374	374	wide to allow passage by persons with a disability in 77
375	375	wheelchairs; and 78
376	376	(c) All premises within such dwellings contain the 79
377	377	following features of adaptive design: 80
378	378	a. An accessible route into and through the dwelling; 81
379	379	b. Light switches, electrical outlets, thermostats, 82
380	380	and other environmental controls in accessible locations; 83
381	381	c. Reinforcements in bathroom walls to allow later 84
382	382	installation of grab bars; and 85 SB 608 13
383	383	d. Usable kitchens and bathrooms such that an 86
384	384	individual in a wheelchair can maneuver about the space. 87
385	385	3. As used in subdivision (3 ) of subsection 2 of this 88
386	386	section, the term "covered multifamily dwelling" means: 89
387	387	(1) Buildings consisting of four or more units if such 90
388	388	buildings have one or more elevators; and 91
389	389	(2) Ground floor units in other buildings consisting 92
390	390	of four or more units. 93
391	391	4. Compliance with the appropriate requirements of the 94
392	392	American National Standard for Buildings and Facilities 95
393	393	providing accessibility and usability for people with 96
394	394	physical disabilities, commonly cited as "ANSI A117.1", 97
395	395	suffices to satisfy the requirements of paragraph (a) of 98
396	396	subdivision (3) of subsection 2 of this section. 99
397	397	5. Where a unit of general local government has 100
398	398	incorporated into its laws the requirements set forth in 101
399	399	subdivision (3) of subsection 2 of this section , compliance 102
400	400	with such laws shall be deemed to satisfy the requirements 103
401	401	of that subdivision. Such compliance shall be subject to 104
402	402	the following provisions: 105
403	403	(1) A unit of general local government may review and 106
404	404	approve newly constructed covered mu ltifamily dwellings for 107
405	405	the purpose of making determinations as to whether the 108
406	406	design and construction requirements of subdivision (3) of 109
407	407	subsection 2 of this section are met; 110
408	408	(2) The commission shall encourage, but may not 111
409	409	require, the units of local government to include in their 112
410	410	existing procedures for the review and approval of newly 113
411	411	constructed covered multifamily dwellings, determinations as 114
412	412	to whether the design and construction of such dwellings are 115
413	413	consistent with subdivision (3) of s ubsection 2 of this 116
414	414	section, and shall provide technical assistance to units of 117 SB 608 14
415	415	local government and other persons to implement the 118
416	416	requirements of subdivision (3) of subsection 2 of this 119
417	417	section; 120
418	418	(3) Nothing in this chapter shall be construed to 121
419	419	require the commission to review or approve the plans, 122
420	420	designs or construction of all covered dwellings, to 123
421	421	determine whether the design and construction of such 124
422	422	dwellings are consistent with the requirements of 125
423	423	subdivision (3) of subsection 2 of thi s section. 126
424	424	6. Nothing in this chapter shall be construed to 127
425	425	invalidate or limit any law of the state or political 128
426	426	subdivision of the state, or other jurisdiction in which 129
427	427	this chapter shall be effective, that requires dwellings to 130
428	428	be designed and constructed in a manner that affords persons 131
429	429	with disabilities greater access than is required by this 132
430	430	chapter. 133
431	431	7. Nothing in this section and sections 213.045 and 134
432	432	213.050 requires that a dwelling be made available to an 135
433	433	individual whose tenancy would constitute a direct threat to 136
434	434	the health or safety of other individuals or whose tenancy 137
435	435	would result in substantial physical damage to the property 138
436	436	of others. 139
437	437	8. Nothing in this section and sections 213.045 and 140
438	438	213.050 limits the applicab ility of any reasonable local or 141
439	439	state restriction regarding the maximum number of occupants 142
440	440	permitted to occupy a dwelling, nor does any provision in 143
441	441	this section and sections 213.045 and 213.050 regarding 144
442	442	familial status apply with respect to housing for older 145
443	443	persons. 146
444	444	9. As used in this section and sections 213.045 and 147
445	445	213.050, "housing for older persons" means housing: 148 SB 608 15
446	446	(1) Provided under any state or federal program that 149
447	447	the commission determines is specifically designed and 150
448	448	operated to assist elderly persons, as defined in the state 151
449	449	or federal program; 152
450	450	(2) Intended for, and solely occupied by, persons 153
451	451	sixty-two years of age or older; or 154
452	452	(3) Intended and operated for occupancy by at least 155
453	453	one person fifty-five years of age or older per unit. In 156
454	454	determining whether housing qualifies as housing for older 157
455	455	persons under this subsection, the commission shall develop 158
456	456	regulations which require at least the following factors: 159
457	457	(a) The existence of significant facilities and 160
458	458	services specifically designed to meet the physical or 161
459	459	social needs of older persons, or if the provision of such 162
460	460	facilities and services is not practicable, that such 163
461	461	housing is necessary to provide important housing 164
462	462	opportunities for older pers ons; and 165
463	463	(b) That at least eighty percent of the units are 166
464	464	occupied by at least one person fifty -five years of age or 167
465	465	older per unit; and 168
466	466	(c) The publication of, and adherence to, policies and 169
467	467	procedures which demonstrate an intent by the ow ner or 170
468	468	manager to provide housing for persons fifty -five years of 171
469	469	age or older. 172
470	470	10. Housing shall not fail to meet the requirements 173
471	471	for housing for older persons by reason of: 174
472	472	(1) Persons residing in such housing as of August 28, 175
473	473	1992, who do not meet the age requirements of subdivision 176
474	474	(2) or (3) of subsection 9 of this section, provided that 177
475	475	new occupants of such housing meet the age requirements of 178
476	476	subdivision (2) or (3) of subsection 9 of this section; or 179 SB 608 16
477	477	(2) Unoccupied units, provided that such units are 180
478	478	reserved for occupancy by persons who meet the age 181
479	479	requirements of subdivision (2) or (3) of subsection 9 of 182
480	480	this section. 183
481	481	11. Nothing in this section or section 213.045 or 184
482	482	213.050 shall prohibit conduct against a pers on because such 185
483	483	person has been convicted by any court of competent 186
484	484	jurisdiction of the illegal manufacture or distribution of a 187
485	485	controlled substance, as defined by section 195.010. 188
486	486	12. Nothing in this chapter shall prohibit a religious 189
487	487	organization, association, or society, or any nonprofit 190
488	488	institution or organization operated, supervised or 191
489	489	controlled by or in conjunction with a religious 192
490	490	organization, association, or society, from limiting the 193
491	491	sale, rental or occupancy of dwellings which it owns or 194
492	492	operates for other than a commercial purpose to persons of 195
493	493	the same religion, or from giving preference to such 196
494	494	persons, unless membership in such religion is restricted on 197
495	495	account of race, color, or national origin. Nor shall 198
496	496	anything in this chapter prohibit a private club not in fact 199
497	497	open to the public, which as an incident to its primary 200
498	498	purpose or purposes provides lodging which it owns or 201
499	499	operates for other than a commercial purpose, from limiting 202
500	500	the rental or occupancy of such lod ging to its members or 203
501	501	from giving preference to its members. 204
502	502	13. Nothing in this chapter, other than the 205
503	503	prohibitions against discriminatory advertising in 206
504	504	subdivision (3) of subsection 1 of this section, shall apply 207
505	505	to: 208
506	506	(1) The sale or rental of any single family house by a 209
507	507	private individual owner, provided the following conditions 210
508	508	are met: 211 SB 608 17
509	509	(a) The private individual owner does not own or have 212
510	510	any interest in more than three single family houses at any 213
511	511	one time; and 214
512	512	(b) The house is sold or rented without the use of a 215
513	513	real estate broker, agent or salesperson or the facilities 216
514	514	of any person in the business of selling or renting 217
515	515	dwellings and without publication, posting or mailing of any 218
516	516	advertisement. If the owner selling the house does not 219
517	517	reside in it at the time of the sale or was not the most 220
518	518	recent resident of the house prior to such sale, the 221
519	519	exemption in this section applies to only one such sale in 222
520	520	any twenty-four-month period; or 223
521	521	(2) Rooms or units in dwellings containing living 224
522	522	quarters occupied or intended to be occupied by no more than 225
523	523	four families living independently of each other, if the 226
524	524	owner actually maintains and occupies one of such living 227
525	525	quarters as his or her residence. 228
526	526	213.045. It shall be unlawful for any bank, building 1
527	527	and loan association, insurance company or other 2
528	528	corporation, association, firm or enterprise whose business 3
529	529	consists in whole or in part in the making of commercial 4
530	530	real estate loans, to deny a loan or other financial 5
531	531	assistance because of race, color, religion, national 6
532	532	origin, ancestry, sex, sexual orientation, gender identity, 7
533	533	disability, veteran status, or familial status to a person 8
534	534	applying therefor for the purpose of purchasing, 9
535	535	construction, improving, repairing, or maintaining a 10
536	536	dwelling, or to discriminate against [him] such person in 11
537	537	fixing of the amount, interest rate, duration or other terms 12
538	538	or conditions of such loan or other financial assistance, 13
539	539	because of the race, colo r, religion, national origin, 14
540	540	ancestry, sex, sexual orientation, gender identity, 15 SB 608 18
541	541	disability, veteran status, or familial status of such 16
542	542	person or of any person associated with [him] such person in 17
543	543	connection with such loan or other financial assistanc e, or 18
544	544	of the present or prospective owners, lessees, tenants, or 19
545	545	occupants, of the dwellings in relation to which such loan 20
546	546	or other financial assistance is to be made or given. 21
547	547	213.050. It shall be unlawful to deny any person 1
548	548	access to or membership or participation in any multiple 2
549	549	listing service, real estate brokers' organization or other 3
550	550	service organization, or facility relating to the business 4
551	551	of selling or renting dwellings, because of race, color, 5
552	552	religion, national origi n, ancestry, sex, sexual 6
553	553	orientation, gender identity, disability, veteran status, or 7
554	554	familial status. 8
555	555	213.055. 1. It shall be an unlawful employment 1
556	556	practice: 2
557	557	(1) For an employer, because of the race, color, 3
558	558	religion, national origin, sex, sexual orientation, gender 4
559	559	identity, ancestry, age [or], disability, or veteran status 5
560	560	of any individual: 6
561	561	(a) To fail or refuse to hire or to discharge any 7
562	562	individual, or otherwise to discriminate against any 8
563	563	individual with respe ct to [his] such individual's 9
564	564	compensation, terms, conditions, or privileges of 10
565	565	employment, because of such individual's race, color, 11
566	566	religion, national origin, sex, sexual orientation, gender 12
567	567	identity, ancestry, age [or], disability, or veteran status; 13
568	568	(b) To limit, segregate, or classify [his] employees 14
569	569	or [his] employment applicants in any way which would 15
570	570	deprive or tend to deprive any individual of employment 16
571	571	opportunities or otherwise adversely affect [his] such 17
572	572	individual's status as an employee, because of such 18 SB 608 19
573	573	individual's race, color, religion, national origin, sex, 19
574	574	sexual orientation, gender identity, ancestry, age [or], 20
575	575	disability, or veteran status; 21
576	576	(2) For a labor organization to exclude or to expel 22
577	577	from its membership an y individual or to discriminate in any 23
578	578	way against any of its members or against any employer or 24
579	579	any individual employed by an employer because of race, 25
580	580	color, religion, national origin, sex, sexual orientation, 26
581	581	gender identity, ancestry, age [or], disability, or veteran 27
582	582	status of any individual; or to limit, segregate, or 28
583	583	classify its membership, or to classify or fail or refuse to 29
584	584	refer for employment any individual, in any way which would 30
585	585	deprive or tend to deprive any individual of employment 31
586	586	opportunities, or would limit such employment opportunities 32
587	587	or otherwise adversely affect [his] such individual's status 33
588	588	as an employee or as an applicant for employment, because of 34
589	589	such individual's race, color, religion, national origin, 35
590	590	sex, sexual orientation, gender identity, ancestry, age 36
591	591	[or], disability, or veteran status; or for any employer, 37
592	592	labor organization, or joint labor -management committee 38
593	593	controlling apprenticeship or other training or retraining, 39
594	594	including on-the-job training programs to discriminate 40
595	595	against any individual because of [his] such individual's 41
596	596	race, color, religion, national origin, sex, sexual 42
597	597	orientation, gender identity, ancestry, age [or], 43
598	598	disability, or veteran status in admission to, or employment 44
599	599	in, any program established to provide apprenticeship or 45
600	600	other training; 46
601	601	(3) For any employer or employment agency to print or 47
602	602	circulate or cause to be printed or circulated any 48
603	603	statement, advertisement or publication, or to use any form 49
604	604	of application for employment or to make any inquiry in 50 SB 608 20
605	605	connection with prospective employment, which expresses, 51
606	606	directly or indirectly, any limitation, specification, or 52
607	607	discrimination, because of race, color, religion, national 53
608	608	origin, sex, sexual orientation, gender identity, ancestry, 54
609	609	age [or], disability, or veteran status unless based upon a 55
610	610	bona fide occupational qualification or for an employment 56
611	611	agency to fail or refuse to refer for employment, or 57
612	612	otherwise to discriminate against, any individual because of 58
613	613	his or her race, color, religion, national origin, sex, 59
614	614	sexual orientation, gender identity, ancestry, age, as it 60
615	615	relates to employment, [or] disability, or veteran status, 61
616	616	or to classify or refer for employment any individual 62
617	617	because of [his or her] such individual's race, color, 63
618	618	religion, national origin, sex, sexual orientation, gender 64
619	619	identity, ancestry, age [or], disability, or veteran status. 65
620	620	2. Notwithstanding any other provision of this 66
621	621	chapter, it shall not be an unlawful employment p ractice for 67
622	622	an employer to apply different standards of compensation, or 68
623	623	different terms, conditions or privileges of employment 69
624	624	pursuant to a bona fide seniority or merit system, or a 70
625	625	system which measures earnings by quantity or quality of 71
626	626	production or to employees who work in different locations, 72
627	627	provided that such differences or such systems are not the 73
628	628	result of an intention or a design to discriminate, and are 74
629	629	not used to discriminate, because of race, color, religion, 75
630	630	sex, sexual orientation, gender identity, national origin, 76
631	631	ancestry, age [or], disability, or veteran status, nor shall 77
632	632	it be an unlawful employment practice for an employer to 78
633	633	give and to act upon the results of any professionally 79
634	634	developed ability test, provided that such test, its 80
635	635	administration, or action upon the results thereof, is not 81
636	636	designed, intended or used to discriminate because of race, 82 SB 608 21
637	637	color, religion, national origin, sex, sexual orientation, 83
638	638	gender identity, ancestry, age [or], disability, or veteran 84
639	639	status. 85
640	640	3. Nothing contained in this chapter shall be 86
641	641	interpreted to require any employer, employment agency, 87
642	642	labor organization, or joint labor -management committee 88
643	643	subject to this chapter to grant preferential treatment to 89
644	644	any individual or to an y group because of the race, color, 90
645	645	religion, national origin, sex, sexual orientation, gender 91
646	646	identity, ancestry, age [or], disability, or veteran status 92
647	647	of such individual or group on account of an imbalance which 93
648	648	may exist with respect to the total number or percentage of 94
649	649	persons of any race, color, religion, national origin, sex, 95
650	650	sexual orientation, gender identity, ancestry, age [or], 96
651	651	disability, or veteran status employed by any employer, 97
652	652	referred or classified for employment by any employment 98
653	653	agency or labor organization, admitted to membership or 99
654	654	classified by any labor organization, or admitted to or 100
655	655	employed in any apprenticeship or other training program, in 101
656	656	comparison with the total number or percentage of persons of 102
657	657	such race, color, religion, national origin, sex, sexual 103
658	658	orientation, gender identity, ancestry, age [or], 104
659	659	disability, or veteran status in any community, state, 105
660	660	section, or other area, or in the available workforce in any 106
661	661	community, state, section, or other area. 107
662	662	4. Notwithstanding any other provision of this 108
663	663	chapter, it shall not be an unlawful employment practice for 109
664	664	the state or any political subdivision of the state to 110
665	665	comply with the provisions of 29 U.S.C. Section 623 relating 111
666	666	to employment as firefigh ters or law enforcement officers. 112
667	667	213.065. 1. All persons within the jurisdiction of 1
668	668	the state of Missouri are free and equal and shall be 2 SB 608 22
669	669	entitled to the full and equal use and enjoyment within this 3
670	670	state of any place of public acc ommodation, as hereinafter 4
671	671	defined, without discrimination or segregation because of 5
672	672	race, color, religion, national origin, sex, sexual 6
673	673	orientation, gender identity, ancestry, [or] disability, or 7
674	674	veteran status. 8
675	675	2. It is an unlawful discriminato ry practice for any 9
676	676	person, directly or indirectly, to refuse, withhold from or 10
677	677	deny any other person, or to attempt to refuse, withhold 11
678	678	from or deny any other person, any of the accommodations, 12
679	679	advantages, facilities, services, or privileges made 13
680	680	available in any place of public accommodation, as defined 14
681	681	in section 213.010 and this section, or to segregate or 15
682	682	discriminate against any such person in the use thereof 16
683	683	because of race, color, religion, national origin, sex, 17
684	684	sexual orientation, gender i dentity, ancestry, [or] 18
685	685	disability, or veteran status. 19
686	686	3. The provisions of this section shall not apply to a 20
687	687	private club, a place of accommodation owned by or operated 21
688	688	on behalf of a religious corporation, association or 22
689	689	society, or other estab lishment which is not in fact open to 23
690	690	the public, unless the facilities of such establishments are 24
691	691	made available to the customers or patrons of a place of 25
692	692	public accommodation as defined in section 213.010 and this 26
693	693	section. 27
694	694	213.070. 1. It shall be an unlawful discriminatory 1
695	695	practice for an employer, employment agency, labor 2
696	696	organization, or place of public accommodation: 3
697	697	(1) To aid, abet, incite, compel, or coerce the 4
698	698	commission of acts prohibited under this chapter or to 5
699	699	attempt to do so; 6 SB 608 23
700	700	(2) To retaliate or discriminate in any manner against 7
701	701	any other person because such person has opposed any 8
702	702	practice prohibited by this chapter or because such person 9
703	703	has filed a complaint, testified, assisted, or participated 10
704	704	in any manner in any investigation, proceeding or hearing 11
705	705	conducted pursuant to this chapter; 12
706	706	(3) For the state or any political subdivision of this 13
707	707	state to discriminate on the basis of race, color, religion, 14
708	708	national origin, sex, sexual orientation, gender identity, 15
709	709	ancestry, age, as it relates to employment, disability, 16
710	710	veteran status, or familial status as it relates to housing; 17
711	711	or 18
712	712	(4) To discriminate in any manner against any other 19
713	713	person because of such person's association with any person 20
714	714	protected by this chapter. 21
715	715	2. This chapter, in addition to chapter 285 and 22
716	716	chapter 287, shall provide the exclusive remedy for any and 23
717	717	all claims for injury or damages arising out of an 24
718	718	employment relationship. 25
719	719	213.101. 1. The provisions of this chapter shall be 1
720	720	construed to accomplish the purposes thereof and any law 2
721	721	inconsistent with any provision of this chapter shall not 3
722	722	apply. Nothing contained in this chapter shall be deemed to 4
723	723	repeal any of the provisions o f any law of this state 5
724	724	relating to discrimination because of race, color, religion, 6
725	725	national origin, sex, sexual orientation, gender identity, 7
726	726	ancestry, age, disability, veteran status, or familial 8
727	727	status. 9
728	728	2. The general assembly hereby expressl y abrogates the 10
729	729	case of McBryde v. Ritenour School District , 207 S.W.3d 162 11
730	730	(Mo.App. E.D. 2006), and its progeny as it relates to the 12
731	731	necessity and appropriateness of the issuance of a business 13 SB 608 24
732	732	judgment instruction. In all civil actions brought under 14
733	733	this chapter, a jury shall be given an instruction 15
734	734	expressing the business judgment rule. 16
735	735	3. If an employer in a case brought under this chapter 17
736	736	files a motion pursuant to rule 74.04 of the Missouri rules 18
737	737	of civil procedure, the court shall consi der the burden- 19
738	738	shifting analysis of McDonnell Douglas Corp. v. Green , 411 20
739	739	U.S. 792 (1973), and its progeny to be highly persuasive for 21
740	740	analysis in cases not involving direct evidence of 22
741	741	discrimination. 23
742	742	4. The general assembly hereby expressly abr ogates by 24
743	743	this statute the cases of Daugherty v. City of Maryland 25
744	744	Heights, 231 S.W.3d 814 (Mo. 2007) and its progeny as they 26
745	745	relate to the contributing factor standard and abandonment 27
746	746	of the burden-shifting framework established in McDonnell 28
747	747	Douglas Corp. v. Green, 411 U.S. 792 (1973). 29
748	748	5. The general assembly hereby expressly abrogates by 30
749	749	this statute the holding in Hurst v. Kansas City Mo. School 31
750	750	District, 437 S.W.3d 327 (Mo.App. W.D. 2014), that Missouri 32
751	751	Approved Instruction 19.01 may be app lied to actions brought 33
752	752	pursuant to this chapter, and the holding in Thomas v. 34
753	753	McKeever's Enterprises, Inc. , 388 S.W.3d 206 (Mo.App. W.D. 35
754	754	2012), that juries shall not be instructed that plaintiffs 36
755	755	bear the burden of establishing "but for" causation in 37
756	756	actions brought pursuant to this chapter. 38
757	757	6. The general assembly hereby abrogates all Missouri - 39
758	758	approved jury instructions specifically addressing civil 40
759	759	actions brought under this chapter which were in effect 41
760	760	prior to August 28, 2017. 42
761	761	