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. 76
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHNELTING.
0918S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 213.010, RSMo, and to enact in lieu thereof one new section relating to
prohibited discriminatory practices.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 213.010, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 213.010, 2
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 require the 5
compulsory retirement of any perso n 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 be nefit 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 76 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 pe rson 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 ha ving 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 in 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 housing; 49 SB 76 3
(7) "Dwelling", any building, structu re 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 location 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 sectarian 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 under 26 74
U.S.C. Section 501(c); 75
(9) "Employment agency" includes any person or agency, 76
public or private, regularly undertaking with or without 77
compensation to procure employees for an employer or to 78
procure for employees opportunities to work for an employer; 79
(10) "Executive director", the executive director of 80
the Missouri commission on human rights; 81 SB 76 4
(11) "Familial status", one or more individuals who 82
have not attained the age of eighteen years being domiciled 83
with: 84
(a) A parent or another person having legal custody of 85
such individual; or 86
(b) The designee of such parent or other person having 87
such custody, with the written permission of such parent or 88
other person. The protections afforded against 89
discrimination because of familial status shall apply to any 90
person who is pregnant or is in the process of securing 91
legal custody of any individual who has not attained the age 92
of eighteen years; 93
(12) "Human rights fund", a fund established to 94
receive civil penalties as required by federal regulations 95
and as set forth by subdivision (2) of subsection 11 of 96
section 213.075, and which will be disbursed to offset 97
additional expenses related to compliance with the 98
Department of Housing and Urban Development regulations; 99
(13) "Labor organization" includes a ny organization 100
which exists for the purpose, in whole or in part, of 101
collective bargaining or of dealing with employers 102
concerning grievances, terms or conditions of employment, or 103
for other mutual aid or protection in relation to employment; 104
(14) "Local commissions", any commission or agency 105
established prior to August 13, 1986, by an ordinance or 106
order adopted by the governing body of any city, 107
constitutional charter city, town, village, or county; 108
(15) "Person" includes one or more in dividuals, 109
corporations, partnerships, associations, organizations, 110
labor organizations, legal representatives, mutual 111
companies, joint stock companies, trusts, trustees, trustees 112 SB 76 5
in bankruptcy, receivers, fiduciaries, or other organized 113
groups of persons; 114
(16) "Places of public accommodation", all places or 115
businesses offering or holding out to the general public, 116
goods, services, privileges, facilities, advantages or 117
accommodations for the peace, comfort, health, welfare and 118
safety of the general public or such public places providing 119
food, shelter, recreation and amusement, including, but not 120
limited to: 121
(a) Any inn, hotel, motel, or other establishment 122
which provides lodging to transient guests, other than an 123
establishment locate d within a building which contains not 124
more than five rooms for rent or hire and which is actually 125
occupied by the proprietor of such establishment as his 126
residence; 127
(b) Any restaurant, cafeteria, lunchroom, lunch 128
counter, soda fountain, or other facility principally 129
engaged in selling food for consumption on the premises, 130
including, but not limited to, any such facility located on 131
the premises of any retail establishment; 132
(c) Any gasoline station, including all facilities 133
located on the premises of such gasoline station and made 134
available to the patrons thereof; 135
(d) Any motion picture house, theater, concert hall, 136
sports arena, stadium, or other place of exhibition or 137
entertainment; 138
(e) Any public facility owned, operated, or managed by 139
or on behalf of this state or any agency or subdivision 140
thereof, or any public corporation; and any such facility 141
supported in whole or in part by public funds; 142
(f) Any establishment which is physically located 143
within the premises of any establishment otherwise covered 144 SB 76 6
by this section or within the premises of which is 145
physically located any such covered establishment, and which 146
holds itself out as serving patrons of such covered 147
establishment; 148
(17) "Rent" includes to leas e, to sublease, to let and 149
otherwise to grant for consideration the right to occupy 150
premises not owned by the occupant; 151
(18) "Respondent", a person who is alleged to have 152
engaged in a prohibited discriminatory practice in a 153
complaint filed with t he commission; 154
(19) "Sex", the two categories of humans, male and 155
female, into which individuals are divided based on an 156
individual's reproductive biology at birth and the 157
individual's genome. The term "sex" shall not be construed 158
to include sexual orientation or gender identity; 159
(20) "The motivating factor", the employee's protected 160
classification actually played a role in the adverse action 161
or decision and had a determinative influence on the adverse 162
decision or action; 163
[(20)] (21) "Unlawful discriminatory practice", any 164
act that is unlawful under this chapter. 165