Text of MO HB 1782 (2018)

SECOND REGULAR SESSION HOUSE BILL NO. 1782 99TH GENERAL ASSEMBLY INTRODUCED BY REPRESENTATIVE ELLINGTON. 5338H.01I D. ADAM CRUMBLISS, Chief Clerk AN ACT To repeal sections 213.010, 213.030, 213.040, 213.045, and 213.050, RSMo, and to enact in lieu thereof five new sections relating to discrimination based on sexual orientation or gender identity. Be it enacted by the General Assembly of the state of Missouri, as follows: Section A. Sections 213.010, 213.030, 213.040, 213.045, and 213.050, RSMo, are 2 repealed and five new sections enacted in lieu thereof, to be known as sections 213.010, 213.030, 3 213.040, 213.045, and 213.050, to read as follows: 213.010. As used in this chapter, the following terms shall mean: 2 (1) “Age”, an age of forty or more years but less than seventy years, except that it shall 3 not be an unlawful employment practice for an employer to require the compulsory retirement 4 of any person who has attained the age of sixty-five and who, for the two-year period 5 immediately before retirement, is employed in a bona fide executive or high policy-making 6 position, if such person is entitled to an immediate nonforfeitable annual retirement benefit from 7 a pension, profit sharing, savings or deferred compensation plan, or any combination of such 8 plans, of the employer, which equals, in the aggregate, at least forty-four thousand dollars; 9 (2) “Because” or “because of”, as it relates to the adverse decision or action, the 10 protected criterion was the motivating factor; 11 (3) “Commission”, the Missouri commission on human rights; 12 (4) “Complainant”, a person who has filed a complaint with the commission alleging that 13 another person has engaged in a prohibited discriminatory practice; 14 (5) “Disability”, a physical or mental impairment which substantially limits one or more 15 of a person’s major life activities, being regarded as having such an impairment, or a record of EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1782 2 16 having such an impairment, which with or without reasonable accommodation does not interfere 17 with performing the job, utilizing the place of public accommodation, or occupying the dwelling 18 in question. For purposes of this chapter, the term “disability” does not include current, illegal 19 use of or addiction to a controlled substance as such term is defined by section 195.010; 20 however, a person may be considered to have a disability if that person: 21 (a) Has successfully completed a supervised drug rehabilitation program and is no longer 22 engaging in the illegal use of, and is not currently addicted to, a controlled substance or has 23 otherwise been rehabilitated successfully and is no longer engaging in such use and is not 24 currently addicted; 25 (b) Is participating in a supervised rehabilitation program and is no longer engaging in 26 illegal use of controlled substances; or 27 (c) Is erroneously regarded as currently illegally using, or being addicted to, a controlled 28 substance; 29 (6) “Discrimination”, conduct proscribed herein, taken because of race, color, religion, 30 national origin, ancestry, sex, [or] sexual orientation, gender identity, age as it relates to 31 employment, disability, or familial status as it relates to housing. Discrimination includes any 32 unfair treatment based on a person’s presumed or assumed race, color, religion, national 33 origin, ancestry, sex, sexual orientation, gender identity, age as it relates to employment, 34 disability, or familial status as it relates to housing, regardless of whether the presumption 35 or assumption as to such characteristics is correct; 36 (7) “Dwelling”, any building, structure or portion thereof which is occupied as, or 37 designed or intended for occupancy as, a residence by one or more families, and any vacant land 38 which is offered for sale or lease for the construction or location thereon of any such building, 39 structure or portion thereof; 40 (8) “Employer”, a person engaged in an industry affecting commerce who has six or 41 more employees for each working day in each of twenty or more calendar weeks in the current 42 or preceding calendar year, and shall include the state, or any political or civil subdivision 43 thereof, or any person employing six or more persons within the state but does not include 44 corporations and associations owned or operated by religious or sectarian organizations. 45 “Employer” shall not include: 46 (a) The United States; 47 (b) A corporation wholly owned by the government of the United States; 48 (c) An individual employed by an employer; 49 (d) An Indian tribe; 50 (e) Any department or agency of the District of Columbia subject by statute to 51 procedures of the competitive service, as defined in 5 U.S.C. Section 2101; or HB 1782 3 52 (f) A bona fide private membership club, other than a labor organization, that is exempt 53 from taxation under 26 U.S.C. Section 501(c); 54 (9) “Employment agency” includes any person or agency, public or private, regularly 55 undertaking with or without compensation to procure employees for an employer or to procure 56 for employees opportunities to work for an employer; 57 (10) “Executive director”, the executive director of the Missouri commission on human 58 rights; 59 (11) “Familial status”, one or more individuals who have not attained the age of eighteen 60 years being domiciled with: 61 (a) A parent or another person having legal custody of such individual; or 62 (b) The designee of such parent or other person having such custody, with the written 63 permission of such parent or other person. The protections afforded against discrimination 64 because of familial status shall apply to any person who is pregnant or is in the process of 65 securing legal custody of any individual who has not attained the age of eighteen years; 66 (12) "Gender identity", the gender-related identity, appearance, or mannerisms, 67 or other gender-related characteristics of an individual, with or without regard to the 68 individual's assigned sex at birth; 69 (13) “Human rights fund”, a fund established to receive civil penalties as required by 70 federal regulations and as set forth by subdivision (2) of subsection 11 of section 213.075, and 71 which will be disbursed to offset additional expenses related to compliance with the Department 72 of Housing and Urban Development regulations; 73 [(13)] (14) “Labor organization” includes any organization which exists for the purpose, 74 in whole or in part, of collective bargaining or of dealing with employers concerning grievances, 75 terms or conditions of employment, or for other mutual aid or protection in relation to 76 employment; 77 [(14)] (15) “Local commissions”, any commission or agency established prior to August 78 13, 1986, by an ordinance or order adopted by the governing body of any city, constitutional 79 charter city, town, village, or county; 80 [(15)] (16) “Person” includes one or more individuals, corporations, partnerships, 81 associations, organizations, labor organizations, legal representatives, mutual companies, joint 82 stock companies, trusts, trustees, trustees in bankruptcy, receivers, fiduciaries, or other organized 83 groups of persons; 84 [(16)] (17) “Places of public accommodation”, all places or businesses offering or 85 holding out to the general public, goods, services, privileges, facilities, advantages or 86 accommodations for the peace, comfort, health, welfare and safety of the general public or such 87 public places providing food, shelter, recreation and amusement, including, but not limited to: HB 1782 4 88 (a) Any inn, hotel, motel, or other establishment which provides lodging to transient 89 guests, other than an establishment located within a building which contains not more than five 90 rooms for rent or hire and which is actually occupied by the proprietor of such establishment as 91 [his] the proprietor’s residence; 92 (b) Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility 93 principally engaged in selling food for consumption on the premises, including, but not limited 94 to, any such facility located on the premises of any retail establishment; 95 (c) Any gasoline station, including all facilities located on the premises of such gasoline 96 station and made available to the patrons thereof; 97 (d) Any motion picture house, theater, concert hall, sports arena, stadium, or other place 98 of exhibition or entertainment; 99 (e) Any public facility owned, operated, or managed by or on behalf of this state or any 100 agency or subdivision thereof, or any public corporation; and any such facility supported in 101 whole or in part by public funds; 102 (f) Any establishment which is physically located within the premises of any 103 establishment otherwise covered by this section or within the premises of which is physically 104 located any such covered establishment, and which holds itself out as serving patrons of such 105 covered establishment; 106 [(17)] (18) “Rent” includes to lease, to sublease, to let and otherwise to grant for 107 consideration the right to occupy premises not owned by the occupant; 108 [(18)] (19) “Respondent”, a person who is alleged to have engaged in a prohibited 109 discriminatory practice in a complaint filed with the commission; 110 [(19)] (20) "Sexual orientation", one's actual or perceived emotional or physical 111 attraction to, or romantic or physical relationships with, members of the same gender, 112 members of a different gender, or members of any gender; or the lack of any emotional or 113 physical attraction to, or romantic or physical relationships with, anyone. The term 114 "sexual orientation" includes a history of such attraction or relationship or a history of no 115 such attraction or relationship; 116 (21) “The motivating factor”, the employee’s protected classification actually played a 117 role in the adverse action or decision and had a determinative influence on the adverse decision 118 or action; 119 [(20)] (22) “Unlawful discriminatory practice”, any act that is unlawful under this 120 chapter. 213.030. 1. The powers and duties of the commission shall be: 2 (1) To seek to eliminate and prevent discrimination because of race, color, religion, 3 national origin, ancestry, sex, sexual orientation, gender identity, age as it relates to HB 1782 5 4 employment, disability, or familial status as it relates to housing and to take other actions against 5 discrimination because of race, color, religion, national origin, ancestry, sex, sexual orientation, 6 gender identity, age, disability, or familial status as provided by law; and the commission is 7 hereby given general jurisdiction and power for such purposes; 8 (2) To implement the purposes of this chapter first by conference, conciliation and 9 persuasion so that persons may be guaranteed their civil rights and goodwill be fostered; 10 (3) To formulate policies to implement the purposes of this chapter and to make 11 recommendations to agencies and officers of the state and political subdivisions in aid of such 12 policies and purposes; 13 (4) To appoint such employees as it may deem necessary, fix their compensation within 14 the appropriations provided and in accordance with the wage structure established for other state 15 agencies, and prescribe their duties; 16 (5) To obtain upon request and utilize the services of all governmental departments and 17 agencies to be paid from appropriations to this commission; 18 (6) To adopt, promulgate, amend, and rescind suitable rules and regulations to carry out 19 the provisions of this chapter and the policies and practices of the commission in connection 20 therewith; 21 (7) To receive, investigate, initiate, and pass upon complaints alleging discrimination 22 in employment, housing or in places of public accommodations because of race, color, religion, 23 national origin, ancestry, sex, sexual orientation, gender identity, age as it relates to 24 employment, disability, or familial status as it relates to housing and to require the production 25 for examination of any books, papers, records, or other materials relating to any matter under 26 investigation; 27 (8) To hold hearings, subpoena witnesses, compel their attendance, administer oaths, to 28 take the testimony of any person under oath, and, in connection therewith, to require the 29 production for examination of any books, papers or other materials relating to any matter under 30 investigation or in question before the commission; 31 (9) To issue publications and the results of studies and research which will tend to 32 promote goodwill and minimize or eliminate discrimination in housing, employment or in places 33 of public accommodation because of race, color, religion, national origin, ancestry, sex, sexual 34 orientation, gender identity, age as it relates to employment, disability, or familial status as it 35 relates to housing; 36 (10) To provide each year to the governor and to the general assembly a full written 37 report of all its activities and of its recommendations; 38 (11) To adopt an official seal; HB 1782 6 39 (12) To cooperate, act jointly, enter into cooperative or work-sharing agreements with 40 the United States Equal Employment Opportunity Commission, the United States Department 41 of Housing and Urban Development, and other federal agencies and local commissions or 42 agencies to achieve the purposes of this chapter; 43 (13) To accept grants, private gifts, bequests, and establish funds to dispose of such 44 moneys so long as the conditions of the grant, gift, or bequest are not inconsistent with the 45 purposes of this chapter and are used to achieve the purposes of this chapter; 46 (14) To establish a human rights fund as defined in section 213.010, for the purposes of 47 administering sections 213.040, 213.045, 213.050, 213.070, 213.075, and 213.076. 48 2. No rule or portion of a rule promulgated under the authority of this chapter shall 49 become effective unless it has been promulgated pursuant to the provisions of [section 536.024] 50 chapter 536. 213.040. 1. It shall be an unlawful housing practice: 2 (1) To refuse to sell or rent after the making of a bona fide offer, to refuse to negotiate 3 for the sale or rental of, to deny or otherwise make unavailable, a dwelling to any person because 4 of race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity, 5 disability, or familial status; 6 (2) To discriminate against any person in the terms, conditions, or privileges of sale or 7 rental of a dwelling, or in the provision of services or facilities in connection therewith, because 8 of race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity, 9 disability, or familial status; 10 (3) To make, print, or publish, or cause to be made, printed, or published any notice, 11 statement or advertisement, with respect to the sale or rental of a dwelling that indicates any 12 preference, limitation, or discrimination because of race, color, religion, national origin, ancestry, 13 sex, sexual orientation, gender identity, disability, or familial status, or an intention to make 14 any such preference, limitation, or discrimination; 15 (4) To represent to any person because of race, color, religion, national origin, ancestry, 16 sex, sexual orientation, gender identity, disability, or familial status that any dwelling is not 17 available for inspection, sale, or rental when such dwelling is in fact so available; 18 (5) To induce or attempt to induce any person to sell or rent any dwelling by 19 representations regarding the entry or prospective entry into the neighborhood of a person or 20 persons because of a particular race, color, religion, national origin, ancestry, sex, sexual 21 orientation, gender identity, disability, or familial status; 22 (6) To discriminate in the sale or rental of, or to otherwise make unavailable or deny, a 23 dwelling to any buyer or renter because of a disability of: 24 (a) That buyer or renter; HB 1782 7 25 (b) A person residing in or intending to reside in that dwelling after it is so sold, rented, 26 or made available; or 27 (c) Any person associated with that buyer or renter; 28 (7) To discriminate against any person in the terms, conditions, or privileges of sale or 29 rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, 30 because of a disability of: 31 (a) That person; 32 (b) A person residing in or intending to reside in that dwelling after it is so sold, rented, 33 or made available; or 34 (c) Any person associated with that person. 35 2. For purposes of this section and sections 213.045 and 213.050, discrimination 36 includes: 37 (1) A refusal to permit, at the expense of the person with the disability, reasonable 38 modifications of existing premises occupied or to be occupied by such person if such 39 modifications may be necessary to afford such person full enjoyment of the premises, except that, 40 in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for 41 a modification on the renter’s agreeing to restore the interior of the premises to the condition that 42 existed before the modification, reasonable wear and tear excepted; 43 (2) A refusal to make reasonable accommodations in rules, policies, practices, or 44 services, when such accommodations may be necessary to afford such person equal opportunity 45 to use and enjoy a dwelling; or 46 (3) In connection with the design and construction of covered multifamily dwellings for 47 first occupancy after March 13, 1991, a failure to design and construct those dwellings in such 48 a manner that: 49 (a) The public use and common use portions of such dwellings are readily accessible to 50 and usable by persons with a disability; 51 (b) All the doors designed to allow passage into and within all premises within such 52 dwellings are sufficiently wide to allow passage by persons with a disability in wheelchairs; and 53 (c) All premises within such dwellings contain the following features of adaptive design: 54 a. An accessible route into and through the dwelling; 55 b. Light switches, electrical outlets, thermostats, and other environmental controls in 56 accessible locations; 57 c. Reinforcements in bathroom walls to allow later installation of grab bars; and 58 d. Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver 59 about the space. HB 1782 8 60 3. As used in subdivision (3) of subsection 2 of this section, the term “covered 61 multifamily dwelling” means: 62 (1) Buildings consisting of four or more units if such buildings have one or more 63 elevators; and 64 (2) Ground floor units in other buildings consisting of four or more units. 65 4. Compliance with the appropriate requirements of the American National Standard for 66 Buildings and Facilities providing accessibility and usability for people with physical disabilities, 67 commonly cited as “ANSI A117.1”, suffices to satisfy the requirements of paragraph (a) of 68 subdivision (3) of subsection 2 of this section. 69 5. Where a unit of general local government has incorporated into its laws the 70 requirements set forth in subdivision (3) of subsection 2 of this section, compliance with such 71 laws shall be deemed to satisfy the requirements of that subdivision. Such compliance shall be 72 subject to the following provisions: 73 (1) A unit of general local government may review and approve newly constructed 74 covered multifamily dwellings for the purpose of making determinations as to whether the design 75 and construction requirements of subdivision (3) of subsection 2 of this section are met; 76 (2) The commission shall encourage, but may not require, the units of local government 77 to include in their existing procedures for the review and approval of newly constructed covered 78 multifamily dwellings, determinations as to whether the design and construction of such 79 dwellings are consistent with subdivision (3) of subsection 2 of this section, and shall provide 80 technical assistance to units of local government and other persons to implement the 81 requirements of subdivision (3) of subsection 2 of this section; 82 (3) Nothing in this chapter shall be construed to require the commission to review or 83 approve the plans, designs or construction of all covered dwellings, to determine whether the 84 design and construction of such dwellings are consistent with the requirements of subdivision 85 (3) of subsection 2 of this section. 86 6. Nothing in this chapter shall be construed to invalidate or limit any law of the state 87 or political subdivision of the state, or other jurisdiction in which this chapter shall be effective, 88 that requires dwellings to be designed and constructed in a manner that affords persons with 89 disabilities greater access than is required by this chapter. 90 7. Nothing in this section and sections 213.045 and 213.050 requires that a dwelling be 91 made available to an individual whose tenancy would constitute a direct threat to the health or 92 safety of other individuals or whose tenancy would result in substantial physical damage to the 93 property of others. 94 8. Nothing in this section and sections 213.045 and 213.050 limits the applicability of 95 any reasonable local or state restriction regarding the maximum number of occupants permitted HB 1782 9 96 to occupy a dwelling, nor does any provision in this section and sections 213.045 and 213.050 97 regarding familial status apply with respect to housing for older persons. 98 9. As used in this section and sections 213.045 and 213.050, “housing for older persons” 99 means housing: 100 (1) Provided under any state or federal program that the commission determines is 101 specifically designed and operated to assist elderly persons, as defined in the state or federal 102 program; 103 (2) Intended for, and solely occupied by, persons sixty-two years of age or older; or 104 (3) Intended and operated for occupancy by at least one person fifty-five years of age or 105 older per unit. In determining whether housing qualifies as housing for older persons under this 106 subsection, the commission shall develop regulations which require at least the following factors: 107 (a) The existence of significant facilities and services specifically designed to meet the 108 physical or social needs of older persons, or if the provision of such facilities and services is not 109 practicable, that such housing is necessary to provide important housing opportunities for older 110 persons; and 111 (b) That at least eighty percent of the units are occupied by at least one person fifty-five 112 years of age or older per unit; and 113 (c) The publication of, and adherence to, policies and procedures which demonstrate an 114 intent by the owner or manager to provide housing for persons fifty-five years of age or older. 115 10. Housing shall not fail to meet the requirements for housing for older persons by 116 reason of: 117 (1) Persons residing in such housing as of August 28, 1992, who do not meet the age 118 requirements of subdivision (2) or (3) of subsection 9 of this section, provided that new 119 occupants of such housing meet the age requirements of subdivision (2) or (3) of subsection 9 120 of this section; or 121 (2) Unoccupied units, provided that such units are reserved for occupancy by persons 122 who meet the age requirements of subdivision (2) or (3) of subsection 9 of this section. 123 11. Nothing in this section or section 213.045 or 213.050 shall prohibit conduct against 124 a person because such person has been convicted by any court of competent jurisdiction of the 125 illegal manufacture or distribution of a controlled substance, as defined by section 195.010. 126 12. Nothing in this chapter shall prohibit a religious organization, association, or society, 127 or any nonprofit institution or organization operated, supervised or controlled by or in 128 conjunction with a religious organization, association, or society, from limiting the sale, rental 129 or occupancy of dwellings which it owns or operates for other than a commercial purpose to 130 persons of the same religion, or from giving preference to such persons, unless membership in 131 such religion is restricted on account of race, color, or national origin. Nor shall anything in this HB 1782 10 132 chapter prohibit a private club not in fact open to the public, which as an incident to its primary 133 purpose or purposes provides lodging which it owns or operates for other than a commercial 134 purpose, from limiting the rental or occupancy of such lodging to its members or from giving 135 preference to its members. 136 13. Nothing in this chapter, other than the prohibitions against discriminatory advertising 137 in subdivision (3) of subsection 1 of this section, shall apply to: 138 (1) The sale or rental of any single family house by a private individual owner, provided 139 the following conditions are met: 140 (a) The private individual owner does not own or have any interest in more than three 141 single family houses at any one time; and 142 (b) The house is sold or rented without the use of a real estate broker, agent or 143 salesperson or the facilities of any person in the business of selling or renting dwellings and 144 without publication, posting or mailing of any advertisement. If the owner selling the house does 145 not reside in it at the time of the sale or was not the most recent resident of the house prior to 146 such sale, the exemption in this section applies to only one such sale in any twenty-four-month 147 period; or 148 (2) Rooms or units in dwellings containing living quarters occupied or intended to be 149 occupied by no more than four families living independently of each other, if the owner actually 150 maintains and occupies one of such living quarters as his or her residence. 213.045. It shall be unlawful for any bank, building and loan association, insurance 2 company or other corporation, association, firm or enterprise whose business consists in whole 3 or in part in the making of commercial real estate loans, to deny a loan or other financial 4 assistance because of race, color, religion, national origin, ancestry, sex, sexual orientation, 5 gender identity, disability or familial status to a person applying therefor for the purpose of 6 purchasing, construction, improving, repairing, or maintaining a dwelling, or to discriminate 7 against [him] such person in fixing of the amount, interest rate, duration or other terms or 8 conditions of such loan or other financial assistance, because of the race, color, religion, national 9 origin, ancestry, sex, sexual orientation, gender identity, disability, or familial status of such 10 person or of any person associated with [him] such person in connection with such loan or other 11 financial assistance, or of the present or prospective owners, lessees, tenants, or occupants, of 12 the dwellings in relation to which such loan or other financial assistance is to be made or given. 213.050. It shall be unlawful to deny any person access to or membership or participation 2 in any multiple listing service, real estate brokers’ organization or other service organization, or 3 facility relating to the business of selling or renting dwellings, because of race, color, religion, 4 national origin, ancestry, sex, sexual orientation, gender identity, disability, or familial status. T