Missouri 2025 Regular Session

Missouri Senate Bill SB76 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. 76
6	6	103RD GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR SCHNELTING.
8	8	0918S.01I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal section 213.010, RSMo, and to enact in lieu thereof one new section relating to
11	11	prohibited discriminatory practices.
12	12
13	13	Be it enacted by the General Assembly of the State of Missouri, as follows:
14	14	Section A. Section 213.010, RSMo, is repealed and one new 1
15	15	section enacted in lieu thereof, to be known as section 213.010, 2
16	16	to read as follows:3
17	17	213.010. As used in this chapter, the following terms 1
18	18	shall mean: 2
19	19	(1) "Age", an age of forty or more years but less than 3
20	20	seventy years, except that it shall not be an unlawful 4
21	21	employment practice for an employer to require the 5
22	22	compulsory retirement of any perso n who has attained the age 6
23	23	of sixty-five and who, for the two -year period immediately 7
24	24	before retirement, is employed in a bona fide executive or 8
25	25	high policy-making position, if such person is entitled to 9
26	26	an immediate nonforfeitable annual retirement be nefit from a 10
27	27	pension, profit sharing, savings or deferred compensation 11
28	28	plan, or any combination of such plans, of the employer, 12
29	29	which equals, in the aggregate, at least forty -four thousand 13
30	30	dollars; 14
31	31	(2) "Because" or "because of", as it relates to the 15
32	32	adverse decision or action, the protected criterion was the 16
33	33	motivating factor; 17 SB 76 2
34	34	(3) "Commission", the Missouri commission on human 18
35	35	rights; 19
36	36	(4) "Complainant", a person who has filed a complaint 20
37	37	with the commission alleging that another pe rson has engaged 21
38	38	in a prohibited discriminatory practice; 22
39	39	(5) "Disability", a physical or mental impairment 23
40	40	which substantially limits one or more of a person's major 24
41	41	life activities, being regarded as having such an 25
42	42	impairment, or a record of ha ving such an impairment, which 26
43	43	with or without reasonable accommodation does not interfere 27
44	44	with performing the job, utilizing the place of public 28
45	45	accommodation, or occupying the dwelling in question. For 29
46	46	purposes of this chapter, the term "disability" does not 30
47	47	include current, illegal use of or addiction to a controlled 31
48	48	substance as such term is defined by section 195.010; 32
49	49	however, a person may be considered to have a disability if 33
50	50	that person: 34
51	51	(a) Has successfully completed a supervised drug 35
52	52	rehabilitation program and is no longer engaging in the 36
53	53	illegal use of, and is not currently addicted to, a 37
54	54	controlled substance or has otherwise been rehabilitated 38
55	55	successfully and is no longer engaging in such use and is 39
56	56	not currently addicted; 40
57	57	(b) Is participating in a supervised rehabilitation 41
58	58	program and is no longer engaging in illegal use of 42
59	59	controlled substances; or 43
60	60	(c) Is erroneously regarded as currently illegally 44
61	61	using, or being addicted to, a controlled substance; 45
62	62	(6) "Discrimination", conduct proscribed herein, taken 46
63	63	because of race, color, religion, national origin, ancestry, 47
64	64	sex, or age as it relates to employment, disability, or 48
65	65	familial status as it relates to housing; 49 SB 76 3
66	66	(7) "Dwelling", any building, structu re or portion 50
67	67	thereof which is occupied as, or designed or intended for 51
68	68	occupancy as, a residence by one or more families, and any 52
69	69	vacant land which is offered for sale or lease for the 53
70	70	construction or location thereon of any such building, 54
71	71	structure or portion thereof; 55
72	72	(8) "Employer", a person engaged in an industry 56
73	73	affecting commerce who has six or more employees for each 57
74	74	working day in each of twenty or more calendar weeks in the 58
75	75	current or preceding calendar year, and shall include the 59
76	76	state, or any political or civil subdivision thereof, or any 60
77	77	person employing six or more persons within the state but 61
78	78	does not include corporations and associations owned or 62
79	79	operated by religious or sectarian organizations. 63
80	80	"Employer" shall not include : 64
81	81	(a) The United States; 65
82	82	(b) A corporation wholly owned by the government of 66
83	83	the United States; 67
84	84	(c) An individual employed by an employer; 68
85	85	(d) An Indian tribe; 69
86	86	(e) Any department or agency of the District of 70
87	87	Columbia subject by statute to procedures of the competitive 71
88	88	service, as defined in 5 U.S.C. Section 2101; or 72
89	89	(f) A bona fide private membership club, other than a 73
90	90	labor organization, that is exempt from taxation under 26 74
91	91	U.S.C. Section 501(c); 75
92	92	(9) "Employment agency" includes any person or agency, 76
93	93	public or private, regularly undertaking with or without 77
94	94	compensation to procure employees for an employer or to 78
95	95	procure for employees opportunities to work for an employer; 79
96	96	(10) "Executive director", the executive director of 80
97	97	the Missouri commission on human rights; 81 SB 76 4
98	98	(11) "Familial status", one or more individuals who 82
99	99	have not attained the age of eighteen years being domiciled 83
100	100	with: 84
101	101	(a) A parent or another person having legal custody of 85
102	102	such individual; or 86
103	103	(b) The designee of such parent or other person having 87
104	104	such custody, with the written permission of such parent or 88
105	105	other person. The protections afforded against 89
106	106	discrimination because of familial status shall apply to any 90
107	107	person who is pregnant or is in the process of securing 91
108	108	legal custody of any individual who has not attained the age 92
109	109	of eighteen years; 93
110	110	(12) "Human rights fund", a fund established to 94
111	111	receive civil penalties as required by federal regulations 95
112	112	and as set forth by subdivision (2) of subsection 11 of 96
113	113	section 213.075, and which will be disbursed to offset 97
114	114	additional expenses related to compliance with the 98
115	115	Department of Housing and Urban Development regulations; 99
116	116	(13) "Labor organization" includes a ny organization 100
117	117	which exists for the purpose, in whole or in part, of 101
118	118	collective bargaining or of dealing with employers 102
119	119	concerning grievances, terms or conditions of employment, or 103
120	120	for other mutual aid or protection in relation to employment; 104
121	121	(14) "Local commissions", any commission or agency 105
122	122	established prior to August 13, 1986, by an ordinance or 106
123	123	order adopted by the governing body of any city, 107
124	124	constitutional charter city, town, village, or county; 108
125	125	(15) "Person" includes one or more in dividuals, 109
126	126	corporations, partnerships, associations, organizations, 110
127	127	labor organizations, legal representatives, mutual 111
128	128	companies, joint stock companies, trusts, trustees, trustees 112 SB 76 5
129	129	in bankruptcy, receivers, fiduciaries, or other organized 113
130	130	groups of persons; 114
131	131	(16) "Places of public accommodation", all places or 115
132	132	businesses offering or holding out to the general public, 116
133	133	goods, services, privileges, facilities, advantages or 117
134	134	accommodations for the peace, comfort, health, welfare and 118
135	135	safety of the general public or such public places providing 119
136	136	food, shelter, recreation and amusement, including, but not 120
137	137	limited to: 121
138	138	(a) Any inn, hotel, motel, or other establishment 122
139	139	which provides lodging to transient guests, other than an 123
140	140	establishment locate d within a building which contains not 124
141	141	more than five rooms for rent or hire and which is actually 125
142	142	occupied by the proprietor of such establishment as his 126
143	143	residence; 127
144	144	(b) Any restaurant, cafeteria, lunchroom, lunch 128
145	145	counter, soda fountain, or other facility principally 129
146	146	engaged in selling food for consumption on the premises, 130
147	147	including, but not limited to, any such facility located on 131
148	148	the premises of any retail establishment; 132
149	149	(c) Any gasoline station, including all facilities 133
150	150	located on the premises of such gasoline station and made 134
151	151	available to the patrons thereof; 135
152	152	(d) Any motion picture house, theater, concert hall, 136
153	153	sports arena, stadium, or other place of exhibition or 137
154	154	entertainment; 138
155	155	(e) Any public facility owned, operated, or managed by 139
156	156	or on behalf of this state or any agency or subdivision 140
157	157	thereof, or any public corporation; and any such facility 141
158	158	supported in whole or in part by public funds; 142
159	159	(f) Any establishment which is physically located 143
160	160	within the premises of any establishment otherwise covered 144 SB 76 6
161	161	by this section or within the premises of which is 145
162	162	physically located any such covered establishment, and which 146
163	163	holds itself out as serving patrons of such covered 147
164	164	establishment; 148
165	165	(17) "Rent" includes to leas e, to sublease, to let and 149
166	166	otherwise to grant for consideration the right to occupy 150
167	167	premises not owned by the occupant; 151
168	168	(18) "Respondent", a person who is alleged to have 152
169	169	engaged in a prohibited discriminatory practice in a 153
170	170	complaint filed with t he commission; 154
171	171	(19) "Sex", the two categories of humans, male and 155
172	172	female, into which individuals are divided based on an 156
173	173	individual's reproductive biology at birth and the 157
174	174	individual's genome. The term "sex" shall not be construed 158
175	175	to include sexual orientation or gender identity; 159
176	176	(20) "The motivating factor", the employee's protected 160
177	177	classification actually played a role in the adverse action 161
178	178	or decision and had a determinative influence on the adverse 162
179	179	decision or action; 163
180	180	[(20)] (21) "Unlawful discriminatory practice", any 164
181	181	act that is unlawful under this chapter. 165
182	182	