Text of MO HB 3425 (2026)

SECOND REGULAR SESSION HOUSE BILL NO. 3425 103RD GENERAL ASSEMBLY INTRODUCED BY REPRESENTATIVE THOMAS. 4976H.01I JOSEPH ENGLER, Chief Clerk AN ACT To repeal sections 213.010, 213.030, 213.040, 213.045, 213.050, 213.055, 213.065, 213.070, 213.075, 213.101, and 213.111, RSMo, and to enact in lieu thereof eleven new sections relating to unlawful discriminatory actions, with penalty provisions. 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213.010, 213.030, 213.040, 213.045, 213.050, 213.055, 213.065, 2 213.070, 213.075, 213.101, and 213.111, RSMo, are repealed and eleven new sections 3 enacted in lieu thereof, to be known as sections 213.010, 213.030, 213.040, 213.045, 213.050, 4 213.055, 213.065, 213.070, 213.075, 213.101, and 213.111, 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 3 shall not be an unlawful employment practice for an employer to require the compulsory 4 retirement of any person who has attained the age of sixty-five and who, for the two-year 5 period immediately before retirement, is employed in a bona fide executive or high policy- 6 making position, if such person is entitled to an immediate nonforfeitable annual retirement 7 benefit from a pension, profit sharing, savings or deferred compensation plan, or any 8 combination of such plans, of the employer, which equals, in the aggregate, at least forty-four 9 thousand dollars; 10 (2) "Because" or "because of", as it relates to the adverse decision or action, the 11 protected criterion was the motivating factor; 12 (3) "Commission", the Missouri commission on human rights; 13 (4) "Complainant", a person who has filed a complaint with the commission alleging 14 that another person has engaged in a prohibited discriminatory practice; 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. 15 (5) "Disability", a physical or mental impairment which substantially limits one or 16 more of a person's major life activities, being regarded as having such an impairment, or a 17 record of having such an impairment, which with or without reasonable accommodation does 18 not interfere with performing the job, utilizing the place of public accommodation, or 19 occupying the dwelling in question. For purposes of this chapter, the term "disability" does 20 not include current, illegal use of or addiction to a controlled substance as such term is 21 defined by section 195.010; however, a person may be considered to have a disability if that 22 person: 23 (a) Has successfully completed a supervised drug rehabilitation program and is no 24 longer engaging in the illegal use of, and is not currently addicted to, a controlled substance or 25 has otherwise been rehabilitated successfully and is no longer engaging in such use and is not 26 currently addicted; 27 (b) Is participating in a supervised rehabilitation program and is no longer engaging 28 in illegal use of controlled substances; or 29 (c) Is erroneously regarded as currently illegally using, or being addicted to, a 30 controlled substance; 31 (6) "Discrimination", conduct proscribed herein, taken because of race, color, 32 religion, national origin, ancestry, sex, [Deleted Text, or, deleted end, ] Added Text, sexual orientation, gender identity,, added end, age as it 33 relates to employment, disability, Added Text, veteran status,, added end, or familial status as it relates to housingAdded Text, . "Discrimination" includes any unfair treatment based on a person's presumed or assumed race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity, age as it relates to employment, disability, veteran status, or familial status as it relates to housing, regardless of whether the presumption or assumption as to such characteristic is correct, added end, 34 Added Text, . "Discrimination" includes any unfair treatment based on a person's presumed or assumed race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity, age as it relates to employment, disability, veteran status, or familial status as it relates to housing, regardless of whether the presumption or assumption as to such characteristic is correct, added end, 35 Added Text, . "Discrimination" includes any unfair treatment based on a person's presumed or assumed race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity, age as it relates to employment, disability, veteran status, or familial status as it relates to housing, regardless of whether the presumption or assumption as to such characteristic is correct, added end, 36 Added Text, . "Discrimination" includes any unfair treatment based on a person's presumed or assumed race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity, age as it relates to employment, disability, veteran status, or familial status as it relates to housing, regardless of whether the presumption or assumption as to such characteristic is correct, added end, 37 Added Text, . "Discrimination" includes any unfair treatment based on a person's presumed or assumed race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity, age as it relates to employment, disability, veteran status, or familial status as it relates to housing, regardless of whether the presumption or assumption as to such characteristic is correct, added end, 38 Added Text, . "Discrimination" includes any unfair treatment based on a person's presumed or assumed race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity, age as it relates to employment, disability, veteran status, or familial status as it relates to housing, regardless of whether the presumption or assumption as to such characteristic is correct, added end, ; 39 (7) "Dwelling", any building, structure or portion thereof which is occupied as, or 40 designed or intended for occupancy as, a residence by one or more families, and any vacant 41 land which is offered for sale or lease for the construction or location thereon of any such 42 building, structure or portion thereof; 43 (8) "Employer", a person engaged in an industry affecting commerce who has six or 44 more employees for each working day in each of twenty or more calendar weeks in the 45 current or preceding calendar year, and shall include the state, or any political or civil 46 subdivision thereof, or any person employing six or more persons within the state but does 47 not include corporations and associations owned or operated by religious or sectarian 48 organizations. "Employer" shall not include: 49 (a) The United States; 50 (b) A corporation wholly owned by the government of the United States; 51 (c) [An individual employed by an employer; HB 3425 2 52 Deleted paragraph: (d), An Indian tribe; 53 Deleted paragraph: (e),] Any department or agency of the District of Columbia subject by statute to 54 procedures of the competitive service, as defined in 5 U.S.C. Section [Deleted Text, 2101, deleted end, ] Added Text, 2102, added end, ; or 55 [(f)] New Label: (d), A bona fide private membership club, other than a labor organization, that is 56 exempt from taxation under 26 U.S.C. Section 501(c); 57 (9) "Employment agency" includes any person or agency, public or private, regularly 58 undertaking with or without compensation to procure employees for an employer or to 59 procure for employees opportunities to work for an employer; 60 (10) "Executive director", the executive director of the Missouri commission on 61 human rights; 62 (11) "Familial status", one or more individuals who have not attained the age of 63 eighteen years being domiciled with: 64 (a) A parent or another person having legal custody of such individual; or 65 (b) The designee of such parent or other person having such custody, with the written 66 permission of such parent or other person. The protections afforded against discrimination 67 because of familial status shall apply to any person who is pregnant or is in the process of 68 securing legal custody of any individual who has not attained the age of eighteen years; 69 (12) Added Text, "Gender identity", the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, with or without regard to the individual's assigned sex at birth;, added end, 70 Added Text, "Gender identity", the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, with or without regard to the individual's assigned sex at birth;, added end, 71 Added Text, "Gender identity", the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, with or without regard to the individual's assigned sex at birth;, added end, 72 Added Label: (13) "Human rights fund", a fund established to receive civil penalties as required by 73 federal regulations and as set forth by subdivision (2) of subsection 11 of section 213.075, and 74 which will be disbursed to offset additional expenses related to compliance with the 75 Department of Housing and Urban Development regulations; 76 [(13)] New Label: (14), "Labor organization" includes any organization which exists for the 77 purpose, in whole or in part, of collective bargaining or of dealing with employers concerning 78 grievances, terms or conditions of employment, or for other mutual aid or protection in 79 relation to employment; 80 [(14)] New Label: (15), "Local commissions", any commission or agency established prior to 81 August 13, 1986, by an ordinance or order adopted by the governing body of any city, 82 constitutional charter city, town, village, or county; 83 New paragraph: (16), "Motivating factor", the employee's protected classification played a role in 84 the adverse decision or action, or had a determinative influence on the adverse decision 85 or action; 86 [(15)] New Label: (17), "Person" includes one or more individuals, corporations, partnerships, 87 associations, organizations, labor organizations, legal representatives, mutual companies, HB 3425 3 88 joint stock companies, trusts, trustees, trustees in bankruptcy, receivers, fiduciaries, or other 89 organized groups of persons; 90 [(16)] New Label: (18), "Places of public accommodation", all places or businesses offering or 91 holding out to the general public, goods, services, privileges, facilities, advantages or 92 accommodations for the peace, comfort, health, welfare and safety of the general public or 93 such public places providing food, shelter, recreation and amusement, including, but not 94 limited to: 95 (a) Any inn, hotel, motel, or other establishment which provides lodging to transient 96 guests, other than an establishment located within a building which contains not more than 97 five rooms for rent or hire and which is actually occupied by the proprietor of such 98 establishment as [Deleted Text, his, deleted end, ] Added Text, the proprietor's, added end, residence; 99 (b) Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other 100 facility principally engaged in selling food for consumption on the premises, including, but 101 not limited to, any such facility located on the premises of any retail establishment; 102 (c) Any gasoline station, including all facilities located on the premises of such 103 gasoline station and made available to the patrons thereof; 104 (d) Any motion picture house, theater, concert hall, sports arena, stadium, or other 105 place of exhibition or entertainment; 106 (e) Any public facility owned, operated, or managed by or on behalf of this state or 107 any agency or subdivision thereof, or any public corporation; and any such facility supported 108 in whole or in part by public funds; 109 (f) Any establishment which is physically located within the premises of any 110 establishment otherwise covered by this section or within the premises of which is physically 111 located any such covered establishment, and which holds itself out as serving patrons of such 112 covered establishment; 113 New paragraph: (19), "Race", a perception that a person is of a particular racial group based 114 upon: 115 New paragraph: (a), Shared physical traits associated with ancestral origin or ethnicity; 116 New paragraph: (b), Shared cultural attributes; 117 New paragraph: (c), The wearing of protective hairstyles including, but not limited to, hairstyles 118 and coverings that are designed to protect textured hair from damage so that it may be 119 worn in its natural state, such as braids, wigs, locs, twists, and afros; and 120 New paragraph: (d), Similar physical characteristics such as skin color and facial features; 121 [(17)] New Label: (20), "Rent" includes to lease, to sublease, to let and otherwise to grant for 122 consideration the right to occupy premises not owned by the occupant; 123 [(18)] New Label: (21), "Respondent", a person who is alleged to have engaged in a prohibited 124 discriminatory practice in a complaint filed with the commission; HB 3425 4 125 New paragraph: (22), "Sexual orientation", one's actual or perceived emotional or physical 126 attraction to, or romantic or physical relationships with, members of the same gender, 127 members of a different gender, or members of any gender; or the lack of any emotional 128 or physical attraction to, or romantic or physical relationships with, anyone. The term 129 "sexual orientation" includes a history of such attraction or relationships or a history of 130 no such attraction or relationships; 131 [Deleted paragraph: (19), "The motivating factor", the employee's protected classification actually played 132 a role in the adverse action or decision and had a determinative influence on the adverse 133 decision or action; 134 (20)] New Label: (23), "Unlawful discriminatory practice", any act that is unlawful under this 135 chapterAdded Text, ;, added end, 136 Added Label: (24) Added Text, "Veteran status", an individual who served in any branch of the Armed Forces of the United States or the Missouri National Guard who was discharged for any reason other than dishonorable discharge or bad conduct discharge, added end, 137 Added Text, "Veteran status", an individual who served in any branch of the Armed Forces of the United States or the Missouri National Guard who was discharged for any reason other than dishonorable discharge or bad conduct discharge, added end, 138 Added Text, "Veteran status", an individual who served in any branch of the Armed Forces of the United States or the Missouri National Guard who was discharged for any reason other than dishonorable discharge or bad conduct discharge, added end, . 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, Added Text, sexual orientation, gender identity,, added end, age as it relates to 4 employment, disability, Added Text, veteran status,, added end, or familial status as it relates to housing and to take 5 other actions against discrimination because of race, color, religion, national origin, ancestry, 6 sex, Added Text, sexual orientation, gender identity,, added end, age, disability, Added Text, veteran status,, added end, or familial status as 7 provided by law; and the commission is hereby given general jurisdiction and power for such 8 purposes; 9 (2) To implement the purposes of this chapter first by conference, conciliation and 10 persuasion so that persons may be guaranteed their civil rights and goodwill be fostered; 11 (3) To formulate policies to implement the purposes of this chapter and to make 12 recommendations to agencies and officers of the state and political subdivisions in aid of such 13 policies and purposes; 14 (4) To appoint such employees as it may deem necessary, fix their compensation 15 within the appropriations provided and in accordance with the wage structure established for 16 other state agencies, and prescribe their duties; 17 (5) To obtain upon request and utilize the services of all governmental departments 18 and agencies to be paid from appropriations to this commission; 19 (6) To adopt, promulgate, amend, and rescind suitable rules and regulations to carry 20 out the provisions of this chapter and the policies and practices of the commission in 21 connection therewith; 22 (7) To receive, investigate, initiate, and pass upon complaints alleging discrimination 23 in employment, housing or in places of public accommodations because of race, color, HB 3425 5 24 religion, national origin, ancestry, sex, Added Text, sexual orientation, gender identity,, added end, age as it relates 25 to employment, disability, Added Text, veteran status,, added end, or familial status as it relates to housing and to 26 require the production for examination of any books, papers, records, or other materials 27 relating to any matter under investigation; 28 (8) To hold hearings, subpoena witnesses, compel their attendance, administer oaths, 29 to take the testimony of any person under oath, and, in connection therewith, to require the 30 production for examination of any books, papers or other materials relating to any matter 31 under investigation or in question before the commission; 32 (9) To issue publications and the results of studies and research which will tend to 33 promote goodwill and minimize or eliminate discrimination in housing, employment or in 34 places of public accommodation because of race, color, religion, national origin, ancestry, 35 sex, Added Text, sexual orientation, gender identity,, added end, age as it relates to employment, disability, Added Text, veteran status,, added end, 36 Added Text, veteran status,, added end, or familial status as it relates to housing; 37 (10) To provide each year to the governor and to the general assembly a full written 38 report of all its activities and of its recommendations; 39 (11) To adopt an official seal; 40 (12) To cooperate, act jointly, enter into cooperative or work-sharing agreements with 41 the United States Equal Employment Opportunity Commission, the United States Department 42 of Housing and Urban Development, and other federal agencies and local commissions or 43 agencies to achieve the purposes of this chapter; 44 (13) To accept grants, private gifts, bequests, and establish funds to dispose of such 45 moneys so long as the conditions of the grant, gift, or bequest are not inconsistent with the 46 purposes of this chapter and are used to achieve the purposes of this chapter; 47 (14) To establish a human rights fund as defined in section 213.010, for the purposes 48 of administering sections 213.040, 213.045, 213.050, 213.070, 213.075, and 213.076. 49 2. No rule or portion of a rule promulgated under the authority of this chapter shall 50 become effective unless it has been promulgated pursuant to the provisions of [Deleted Text, section 536.024, deleted end, 51 Deleted Text, section 536.024, deleted end, ] Added Text, chapter 536, added end, . 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 4 because of race, color, religion, national origin, ancestry, sex, Added Text, sexual orientation, gender identity,, added end, 5 Added Text, sexual orientation, gender identity,, added end, disability, Added Text, veteran status,, added end, 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, 8 because of race, color, religion, national origin, ancestry, sex, Added Text, sexual orientation, gender identity,, added end, 9 Added Text, sexual orientation, gender identity,, added end, disability, Added Text, veteran status,, added end, or familial status; HB 3425 6 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, 13 ancestry, sex, Added Text, sexual orientation, gender identity,, added end, disability, Added Text, veteran status,, added end, or familial 14 status, or an intention to make any such preference, limitation, or discrimination; 15 (4) To represent to any person because of race, color, religion, national origin, 16 ancestry, sex, Added Text, sexual orientation, gender identity,, added end, disability, Added Text, veteran status,, added end, or familial 17 status that any dwelling is not available for inspection, sale, or rental when such dwelling is in 18 fact so available; 19 (5) To induce or attempt to induce any person to sell or rent any dwelling by 20 representations regarding the entry or prospective entry into the neighborhood of a person or 21 persons because of a particular race, color, religion, national origin, ancestry, sex, Added Text, sexual orientation, gender identity,, added end, 22 Added Text, sexual orientation, gender identity,, added end, disability, Added Text, veteran status,, added end, or familial status; 23 (6) To discriminate in the sale or rental of, or to otherwise make unavailable or deny, 24 a dwelling to any buyer or renter because of a disability of: 25 (a) That buyer or renter; 26 (b) A person residing in or intending to reside in that dwelling after it is so sold, 27 rented, or made available; or 28 (c) Any person associated with that buyer or renter; 29 (7) To discriminate against any person in the terms, conditions, or privileges of sale or 30 rental of a dwelling, or in the provision of services or facilities in connection with such 31 dwelling, because of a disability of: 32 (a) That person; 33 (b) A person residing in or intending to reside in that dwelling after it is so sold, 34 rented, or made available; or 35 (c) Any person associated with that person. 36 2. For purposes of this section and sections 213.045 and 213.050, discrimination 37 includes: 38 (1) A refusal to permit, at the expense of the person with the disability, reasonable 39 modifications of existing premises occupied or to be occupied by such person if such 40 modifications may be necessary to afford such person full enjoyment of the premises, except 41 that, in the case of a rental, the landlord may, where it is reasonable to do so, condition 42 permission for a modification on the renter's agreeing to restore the interior of the premises to 43 the condition that existed before the modification, reasonable wear and tear excepted; 44 (2) A refusal to make reasonable accommodations in rules, policies, practices, or 45 services, when such accommodations may be necessary to afford such person equal 46 opportunity to use and enjoy a dwelling; or HB 3425 7 47 (3) In connection with the design and construction of covered multifamily dwellings 48 for first occupancy after March 13, 1991, a failure to design and construct those dwellings in 49 such a manner that: 50 (a) The public use and common use portions of such dwellings are readily accessible 51 to and usable by persons with a disability; 52 (b) All the doors designed to allow passage into and within all premises within such 53 dwellings are sufficiently wide to allow passage by persons with a disability in wheelchairs; 54 and 55 (c) All premises within such dwellings contain the following features of adaptive 56 design: 57 a. An accessible route into and through the dwelling; 58 b. Light switches, electrical outlets, thermostats, and other environmental controls in 59 accessible locations; 60 c. Reinforcements in bathroom walls to allow later installation of grab bars; and 61 d. Usable kitchens and bathrooms such that an individual in a wheelchair can 62 maneuver about the space. 63 3. As used in subdivision (3) of subsection 2 of this section, the term "covered 64 multifamily dwelling" means: 65 (1) Buildings consisting of four or more units if such buildings have one or more 66 elevators; and 67 (2) Ground floor units in other buildings consisting of four or more units. 68 4. Compliance with the appropriate requirements of the American National Standard 69 for Buildings and Facilities providing accessibility and usability for people with physical 70 disabilities, commonly cited as "ANSI A117.1", suffices to satisfy the requirements of 71 paragraph (a) of subdivision (3) of subsection 2 of this section. 72 5. Where a unit of general local government has incorporated into its laws the 73 requirements set forth in subdivision (3) of subsection 2 of this section, compliance with such 74 laws shall be deemed to satisfy the requirements of that subdivision. Such compliance shall 75 be subject to the following provisions: 76 (1) A unit of general local government may review and approve newly constructed 77 covered multifamily dwellings for the purpose of making determinations as to whether the 78 design and construction requirements of subdivision (3) of subsection 2 of this section are 79 met; 80 (2) The commission shall encourage, but may not require, the units of local 81 government to include in their existing procedures for the review and approval of newly 82 constructed covered multifamily dwellings, determinations as to whether the design and 83 construction of such dwellings are consistent with subdivision (3) of subsection 2 of this HB 3425 8 84 section, and shall provide technical assistance to units of local government and other persons 85 to implement the requirements of subdivision (3) of subsection 2 of this section; 86 (3) Nothing in this chapter shall be construed to require the commission to review or 87 approve the plans, designs or construction of all covered dwellings, to determine whether the 88 design and construction of such dwellings are consistent with the requirements of subdivision 89 (3) of subsection 2 of this section. 90 6. Nothing in this chapter shall be construed to invalidate or limit any law of the state 91 or political subdivision of the state, or other jurisdiction in which this chapter shall be 92 effective, that requires dwellings to be designed and constructed in a manner that affords 93 persons with disabilities greater access than is required by this chapter. 94 7. Nothing in this section and sections 213.045 and 213.050 requires that a dwelling 95 be made available to an individual whose tenancy would constitute a direct threat to the health 96 or safety of other individuals or whose tenancy would result in substantial physical damage to 97 the property of others. 98 8. Nothing in this section and sections 213.045 and 213.050 limits the applicability of 99 any reasonable local or state restriction regarding the maximum number of occupants 100 permitted to occupy a dwelling, nor does any provision in this section and sections 213.045 101 and 213.050 regarding familial status apply with respect to housing for older persons. 102 9. As used in this section and sections 213.045 and 213.050, "housing for older 103 persons" means housing: 104 (1) Provided under any state or federal program that the commission determines is 105 specifically designed and operated to assist elderly persons, as defined in the state or federal 106 program; 107 (2) Intended for, and solely occupied by, persons sixty-two years of age or older; or 108 (3) Intended and operated for occupancy by at least one person fifty-five years of age 109 or older per unit. In determining whether housing qualifies as housing for older persons 110 under this subsection, the commission shall develop regulations which require at least the 111 following factors: 112 (a) The existence of significant facilities and services specifically designed to meet 113 the physical or social needs of older persons, or if the provision of such facilities and services 114 is not practicable, that such housing is necessary to provide important housing opportunities 115 for older persons; and 116 (b) That at least eighty percent of the units are occupied by at least one person fifty- 117 five years of age or older per unit; and 118 (c) The publication of, and adherence to, policies and procedures which demonstrate 119 an intent by the owner or manager to provide housing for persons fifty-five years of age or 120 older. HB 3425 9 121 10. Housing shall not fail to meet the requirements for housing for older persons by 122 reason of: 123 (1) Persons residing in such housing as of August 28, 1992, who do not meet the age 124 requirements of subdivision (2) or (3) of subsection 9 of this section, provided that new 125 occupants of such housing meet the age requirements of subdivision (2) or (3) of subsection 9 126 of this section; or 127 (2) Unoccupied units, provided that such units are reserved for occupancy by persons 128 who meet the age requirements of subdivision (2) or (3) of subsection 9 of this section. 129 11. Nothing in this section or section 213.045 or 213.050 shall prohibit conduct 130 against a person because such person has been convicted by any court of competent 131 jurisdiction of the illegal manufacture or distribution of a controlled substance, as defined by 132 section 195.010. 133 12. Nothing in this chapter shall prohibit a religious organization, association, or 134 society, or any nonprofit institution or organization operated, supervised or controlled by or in 135 conjunction with a religious organization, association, or society, from limiting the sale, rental 136 or occupancy of dwellings which it owns or operates for other than a commercial purpose to 137 persons of the same religion, or from giving preference to such persons, unless membership in 138 such religion is restricted on account of race, color, or national origin. Nor shall anything in 139 this chapter prohibit a private club not in fact open to the public, which as an incident to its 140 primary purpose or purposes provides lodging which it owns or operates for other than a 141 commercial purpose, from limiting the rental or occupancy of such lodging to its members or 142 from giving preference to its members. 143 13. Nothing in this chapter, other than the prohibitions against discriminatory 144 advertising in subdivision (3) of subsection 1 of this section, shall apply to: 145 (1) The sale or rental of any single family house by a private individual owner, 146 provided the following conditions are met: 147 (a) The private individual owner does not own or have any interest in more than three 148 single family houses at any one time; and 149 (b) The house is sold or rented without the use of a real estate broker, agent or 150 salesperson or the facilities of any person in the business of selling or renting dwellings and 151 without publication, posting or mailing of any advertisement. If the owner selling the house 152 does not reside in it at the time of the sale or was not the most recent resident of the house 153 prior to such sale, the exemption in this section applies to only one such sale in any twenty- 154 four-month period; or 155 (2) Rooms or units in dwellings containing living quarters occupied or intended to be 156 occupied by no more than four families living independently of each other, if the owner 157 actually maintains and occupies one of such living quarters as his or her residence. HB 3425 10 213.045. 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 3 whole or in part in the making of commercial real estate loans, to deny a loan or other 4 financial assistance because of race, color, religion, national origin, ancestry, sex, Added Text, sexual orientation, gender identity,, added end, 5 Added Text, sexual orientation, gender identity,, added end, disability, or familial status to a person 6 applying therefor for the purpose of purchasing, construction, improving, repairing, or 7 maintaining a dwelling, or to discriminate against [Deleted Text, him, deleted end, ] Added Text, such person, added end, in fixing of the amount, 8 interest rate, duration or other terms or conditions of such loan or other financial assistance, 9 because of the race, color, religion, national origin, ancestry, sex, Added Text, sexual orientation, gender identity,, added end, 10 Added Text, sexual orientation, gender identity,, added end, disability, Added Text, veteran status,, added end, or familial status of such person or of any person 11 associated with [Deleted Text, him, deleted end, ] Added Text, such person, added end, in connection with such loan or other financial assistance, 12 or of the present or prospective owners, lessees, tenants, or occupants, of the dwellings in 13 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 2 participation in any multiple listing service, real estate brokers' organization or other service 3 organization, or facility relating to the business of selling or renting dwellings, because of 4 race, color, religion, national origin, ancestry, sex, Added Text, sexual orientation, gender identity,, added end, 5 disability, Added Text, veteran status,, added end, or familial status. 213.055. 1. It shall be an unlawful employment practice: 2 (1) For an employer, because of the race, color, religion, national origin, sex, Added Text, sexual orientation, gender identity,, added end, 3 Added Text, sexual orientation, gender identity,, added end, ancestry, age, or disability of any individual: 4 (a) To fail or refuse to hire or to discharge any individual, or otherwise to discriminate 5 against any individual with respect to [Deleted Text, his, deleted end, ] Added Text, such individual's, added end, compensation, terms, 6 conditions, or privileges of employment, because of such individual's race, color, religion, 7 national origin, sex, Added Text, sexual orientation, gender identity,, added end, ancestry, age, or 8 disability; 9 (b) To limit, segregate, or classify [Deleted Text, his, deleted end, ] employees or [Deleted Text, his, deleted end, ] employment applicants in 10 any way which would deprive or tend to deprive any individual of employment opportunities 11 or otherwise adversely affect [Deleted Text, his, deleted end, ] Added Text, such individual's, added end, status as an employee, because of such 12 individual's race, color, religion, national origin, sex, Added Text, sexual orientation, gender identity,, added end, 13 ancestry, age, or disability; 14 (2) For a labor organization to exclude or to expel from its membership any 15 individual or to discriminate in any way against any of its members or against any employer 16 or any individual employed by an employer because of race, color, religion, national origin, 17 sex, Added Text, sexual orientation, gender identity,, added end, ancestry, age, or disability of any 18 individual; or to limit, segregate, or classify its membership, or to classify or fail or refuse to 19 refer for employment any individual, in any way which would deprive or tend to deprive any HB 3425 11 20 individual of employment opportunities, or would limit such employment opportunities or 21 otherwise adversely affect [Deleted Text, his, deleted end, ] Added Text, such individual's, added end, status as an employee or as an applicant for 22 employment, because of such individual's race, color, religion, national origin, sex, Added Text, sexual orientation, gender identity,, added end, 23 Added Text, sexual orientation, gender identity,, added end, ancestry, age, or disability; or for any 24 employer, labor organization, or joint labor-management committee controlling 25 apprenticeship or other training or retraining, including on-the-job training programs to 26 discriminate against any individual because of [Deleted Text, his, deleted end, ] Added Text, such individual's, added end, race, color, religion, 27 national origin, sex, Added Text, sexual orientation, gender identity,, added end, ancestry, age, or 28 disability in admission to, or employment in, any program established to provide 29 apprenticeship or other training; 30 (3) For any employer or employment agency to print or circulate or cause to be 31 printed or circulated any statement, advertisement or publication, or to use any form of 32 application for employment or to make any inquiry in connection with prospective 33 employment, which expresses, directly or indirectly, any limitation, specification, or 34 discrimination, because of race, color, religion, national origin, sex, Added Text, sexual orientation, gender identity,, added end, 35 Added Text, sexual orientation, gender identity,, added end, ancestry, age, or disability unless based upon a bona fide 36 occupational qualification or for an employment agency to fail or refuse to refer for 37 employment, or otherwise to discriminate against, any individual because of [Deleted Text, his or her, deleted end, ] Added Text, such individual's, added end, 38 Added Text, such individual's, added end, race, color, religion, national origin, sex, Added Text, sexual orientation, gender identity,, added end, 39 ancestry, age as it relates to employment, Added Text, veteran status,, added end, or disability, or to classify or refer 40 for employment any individual because of [Deleted Text, his or her, deleted end, ] Added Text, such individual's, added end, race, color, religion, 41 national origin, sex, Added Text, sexual orientation, gender identity,, added end, ancestry, age, or 42 disability. 43 2. Notwithstanding any other provision of this chapter, it shall not be an unlawful 44 employment practice for an employer to apply different standards of compensation, or 45 different terms, conditions or privileges of employment pursuant to a bona fide seniority or 46 merit system, or a system which measures earnings by quantity or quality of production or to 47 employees who work in different locations, provided that such differences or such systems 48 are not the result of an intention or a design to discriminate, and are not used to discriminate, 49 because of race, color, religion, sex, Added Text, sexual orientation, gender identity,, added end, national origin, 50 ancestry, age, or disability, nor shall it be an unlawful employment practice 51 for an employer to give and to act upon the results of any professionally developed ability 52 test, provided that such test, its administration, or action upon the results thereof, is not 53 designed, intended or used to discriminate because of race, color, religion, national origin, 54 sex, Added Text, sexual orientation, gender identity,, added end, ancestry, age, or disability. 55 3. Nothing contained in this chapter shall be interpreted to require any employer, 56 employment agency, labor organization, or joint labor-management committee subject to this HB 3425 12 57 chapter to grant preferential treatment to any individual or to any group because of the race, 58 color, religion, national origin, sex, Added Text, sexual orientation, gender identity,, added end, ancestry, age, 59 Added Text, , veteran status,, added end, or disability of such individual or group on account of an imbalance which 60 may exist with respect to the total number or percentage of persons of any race, color, 61 religion, national origin, sex, Added Text, sexual orientation, gender identity,, added end, ancestry, age, 62 Added Text, , veteran status,, added end, or disability employed by any employer, referred or classified for employment by any 63 employment agency or labor organization, admitted to membership or classified by any labor 64 organization, or admitted to or employed in any apprenticeship or other training program, in 65 comparison with the total number or percentage of persons of such race, color, religion, 66 national origin, sex, Added Text, sexual orientation, gender identity,, added end, ancestry, age, or 67 disability in any community, state, section, or other area, or in the available workforce in any 68 community, state, section, or other area. 69 4. Notwithstanding any other provision of this chapter, it shall not be an unlawful 70 employment practice for the state or any political subdivision of the state to comply with the 71 provisions of 29 U.S.C. Section 623 relating to employment as firefighters or law 72 enforcement officers. 213.065. 1. All persons within the jurisdiction of the state of Missouri are free and 2 equal and shall be entitled to the full and equal use and enjoyment within this state of any 3 place of public accommodation, as hereinafter defined, without discrimination or segregation 4 because of race, color, religion, national origin, sex, Added Text, sexual orientation, gender identity,, added end, 5 ancestry, Added Text, veteran status,, added end, or disability. 6 2. It is an unlawful discriminatory practice for any person, directly or indirectly, to 7 refuse, withhold from or deny any other person, or to attempt to refuse, withhold from or deny 8 any other person, any of the accommodations, advantages, facilities, services, or privileges 9 made available in any place of public accommodation, as defined in section 213.010 and this 10 section, or to segregate or discriminate against any such person in the use thereof because of 11 race, color, religion, national origin, sex, Added Text, sexual orientation, gender identity,, added end, ancestry, 12 Added Text, veteran status,, added end, or disability. 13 3. The provisions of this section shall not apply to a private club, a place of 14 accommodation owned by or operated on behalf of a religious corporation, association or 15 society, or other establishment which is not in fact open to the public, unless the facilities of 16 such establishments are made available to the customers or patrons of a place of public 17 accommodation as defined in section 213.010 and this section. 213.070. 1. It shall be an unlawful discriminatory practice [Deleted Text, for an employer, employment agency, labor organization, or place of public accommodation, deleted end, 2 Deleted Text, for an employer, employment agency, labor organization, or place of public accommodation, deleted end, ]: 3 (1) To aid, abet, incite, compel, or coerce the commission of acts prohibited under this 4 chapter or to attempt to do so; HB 3425 13 5 (2) To retaliate or discriminate in any manner against any other person because such 6 person has opposed any practice prohibited by this chapter or because such person has filed a 7 complaint, testified, assisted, or participated in any manner in any investigation, proceeding 8 or hearing conducted pursuant to this chapter; 9 (3) For the state or any political subdivision of this state to discriminate on the basis 10 of race, color, religion, national origin, sex, Added Text, sexual orientation, gender identity,, added end, ancestry, 11 age, as it relates to employment, disability, Added Text, veteran status,, added end, or familial status as it relates to 12 housing; or 13 (4) To discriminate in any manner against any other person because of such person's 14 association with any person protected by this chapter. 15 2. This chapter, in addition to [Deleted Text, chapter, deleted end, ] Added Text, chapters, added end, 285 and [Deleted Text, chapter, deleted end, ] 287, shall provide 16 the exclusive remedy for any and all claims for injury or damages arising out of an 17 employment relationship. 213.075. 1. [Deleted Text, As a jurisdictional condition precedent to filing a civil action under this chapter,, deleted end, 2 Deleted Text, As a jurisdictional condition precedent to filing a civil action under this chapter,, deleted end, ] Any person claiming to be aggrieved by an unlawful discriminatory practice [Deleted Text, shall, deleted end, ] 3 Added Text, may, added end, make, sign and file with the commission a verified complaint in writing, within one 4 hundred eighty days of the alleged act of discrimination, which shall state the name and 5 address of the employer, employment agency, labor organization, or place of public 6 accommodation alleged to have committed the unlawful discriminatory practice and which 7 shall set forth the particulars thereof and such other information as may be required by the 8 commission. The complainant's agent, attorney or the attorney general may, in like manner, 9 make, sign and file such complaint. The failure to timely file a complaint with the 10 commission shall deprive the commission of jurisdiction to investigate the complaint. The 11 commission shall make a determination as to its jurisdiction with respect to all complaints. 12 Notwithstanding any other provision of this chapter to the contrary, if a complaint is not filed 13 with the commission within one hundred eighty days of the alleged act of discrimination, the 14 commission shall lack jurisdiction to take any action on such a complaint other than to 15 dismiss the complaint for lack of jurisdiction. [Deleted Text, The failure to timely file a complaint with the commission may be raised as a complete defense by a respondent or defendant at any time, either during the administrative proceedings before the commission, or in subsequent litigation, regardless of whether the commission has issued the person claiming to be aggrieved a letter indicating his or her right to bring a civil action and regardless of whether the employer asserted the defense before the commission., deleted end, 16 Deleted Text, The failure to timely file a complaint with the commission may be raised as a complete defense by a respondent or defendant at any time, either during the administrative proceedings before the commission, or in subsequent litigation, regardless of whether the commission has issued the person claiming to be aggrieved a letter indicating his or her right to bring a civil action and regardless of whether the employer asserted the defense before the commission., deleted end, 17 Deleted Text, The failure to timely file a complaint with the commission may be raised as a complete defense by a respondent or defendant at any time, either during the administrative proceedings before the commission, or in subsequent litigation, regardless of whether the commission has issued the person claiming to be aggrieved a letter indicating his or her right to bring a civil action and regardless of whether the employer asserted the defense before the commission., deleted end, 18 Deleted Text, The failure to timely file a complaint with the commission may be raised as a complete defense by a respondent or defendant at any time, either during the administrative proceedings before the commission, or in subsequent litigation, regardless of whether the commission has issued the person claiming to be aggrieved a letter indicating his or her right to bring a civil action and regardless of whether the employer asserted the defense before the commission., deleted end, 19 Deleted Text, The failure to timely file a complaint with the commission may be raised as a complete defense by a respondent or defendant at any time, either during the administrative proceedings before the commission, or in subsequent litigation, regardless of whether the commission has issued the person claiming to be aggrieved a letter indicating his or her right to bring a civil action and regardless of whether the employer asserted the defense before the commission., deleted end, 20 Deleted Text, The failure to timely file a complaint with the commission may be raised as a complete defense by a respondent or defendant at any time, either during the administrative proceedings before the commission, or in subsequent litigation, regardless of whether the commission has issued the person claiming to be aggrieved a letter indicating his or her right to bring a civil action and regardless of whether the employer asserted the defense before the commission., deleted end, ] 21 2. Any complaint which is filed with the federal Equal Employment Opportunity 22 Commission or other federal agencies with which the commission has a work-sharing or 23 deferral agreement, or with a local commission which has been certified as substantially 24 equivalent by the commission, shall be deemed filed with the commission on the date that HB 3425 14 25 such complaint is received by such federal agency or local commission. A copy of all 26 complaints filed with a local commission with the authority to enforce the provisions of this 27 chapter is to be forwarded to the commission within seven days of the filing thereof with such 28 local commission. If a local commission has jurisdiction to hear a complaint filed with the 29 commission, such complaint shall be deemed to have been filed with the local commission on 30 the date on which such complaint was filed with the commission. The commission shall, 31 within seven days of the receipt of a complaint which a local commission has jurisdiction to 32 hear, forward a copy thereof to such local commission. 33 3. After the filing of any complaint, the executive director shall, with the assistance of 34 the commission's staff, promptly investigate the complaint, and if the director determines 35 after the investigation that probable cause exists for crediting the allegations of the complaint, 36 the executive director shall immediately endeavor to eliminate the unlawful discriminatory 37 practice complained of by conference, conciliation and persuasion, and shall report the results 38 to the commission. The investigation, determination of probable cause and conciliation shall 39 be conducted according to such rules, regulations and guidelines as the commission shall 40 prescribe. 41 4. A person who is not named as a respondent in a complaint, but who is identified as 42 a respondent in the course of investigation, may be joined as an additional or substitute 43 respondent upon written notice, pursuant to such rules, regulations, and guidelines as the 44 commission shall prescribe. Such notice, in addition to complying with the requirements of 45 such rules, regulations, and guidelines, shall also state the reason why the person to whom the 46 notice is addressed has been joined as a party. 47 5. In case of failure to eliminate such discriminatory practice as found in the 48 investigation, if in the judgment of the [Deleted Text, chairperson, deleted end, ] Added Text, chair, added end, of the commission circumstances 49 so warrant, there shall be issued and served in the name of the commission, a written notice, 50 together with a copy of the complaint, as it may have been amended, requiring the person 51 named in the complaint, hereinafter referred to as "respondent", to answer the charges of the 52 complaint at a hearing, at a time and place to be specified in the notice, before a panel of at 53 least three members of the commission sitting as the commission or before a hearing 54 examiner licensed to practice law in this state who shall be appointed by the executive 55 director and approved by the commission. The place of the hearing shall be in the office of 56 the commission or such other place designated by it, except that if the respondent so requests, 57 in writing, the hearing shall be held in the county of such person's residence or business 58 location at the time of the alleged unlawful discriminatory practice. A copy of the notice shall 59 also be served on the complainants. HB 3425 15 60 6. In all cases where a written notice of hearing has been issued and a party has not 61 elected the option to proceed in circuit court as set forth in section 213.076, the procedures set 62 forth for a hearing shall apply. 63 7. The commission shall be a party to the action and shall be represented before the 64 panel or the hearing examiner by the office of the attorney general or, when so delegated by 65 the attorney general, a staff attorney of the commission. Neither the hearing examiner nor 66 any member of the panel shall have participated in the investigation of the complaint. 67 Evidence concerning endeavors at conciliation shall be excluded. 68 8. The respondent may file a written verified answer to the complaint and appear at 69 the hearing in person or otherwise with or without counsel, and submit testimony. At the 70 discretion of the hearing examiner or the panel, the complainant may be allowed to intervene, 71 thereby becoming a party to the action with the right to present testimony in person or by 72 counsel, provided the complainant at all times shall be treated as a party for the purpose of 73 discovery and the taking of depositions. The commission or complainant intervenor shall 74 have the power to reasonably and fairly amend any complaint, and the respondent shall have 75 like power to amend any answer. The testimony taken at the hearing shall be under oath and 76 be transcribed. 77 9. In any contested case before the commission, any party may take and use written 78 interrogatories, requests for production of documents and other materials, and requests for 79 admissions, and all other forms of discovery authorized by rules of civil procedure in the 80 same manner, upon, and under the same conditions, and upon the same notice, as is or may 81 hereafter be provided for with respect to the taking and using of written interrogatories, 82 requests for production of documents and other materials, and requests for admissions, and all 83 other forms of discovery authorized by rules of civil procedure in civil actions in the circuit 84 court. The panel or hearing examiner shall have the authority to impose sanctions in the same 85 manner as set forth in the rules of civil procedure. 86 10. The hearing shall be conducted in the manner provided by chapter 536. 87 11. When the case is heard by a panel of the commission, the [Deleted Text, chairperson, deleted end, ] Added Text, chair, added end, of 88 the commission shall select the hearing panel and the presiding officer. The presiding officer 89 shall have full authority to call and examine witnesses, admit or exclude evidence and rule 90 upon all motions and objections. The panel shall state its findings of fact and conclusions of 91 law, and if, upon all the evidence at the hearing, the panel finds: 92 (1) That a respondent has engaged in an unlawful discriminatory practice as defined 93 in this chapter, the commission shall issue and cause to be served on the respondent an order 94 requiring the respondent to cease and desist from the unlawful discriminatory practice. The 95 order shall require the respondent to take such affirmative action, as in the panel's judgment 96 will implement the purposes of this chapter, including, but not limited to, payment of back HB 3425 16 97 pay; hiring; reinstatement or upgrading; restoration to membership in any respondent labor 98 organization; the extension of full, equal and unsegregated housing; the extension of full, 99 equal and unsegregated public accommodations; extension of a commercial real estate loan or 100 other financial assistance; extension or restoration of membership or participation in any 101 multiple listing service or other real estate service organization or facility; payment of actual 102 damages; and the submission of a report of the manner of compliance; 103 (2) That a respondent has engaged or is about to engage in a violation of section 104 213.040, 213.045, 213.050, or 213.070, to the extent that the alleged violation of section 105 213.070 relates to or involves a violation of one or more of such other sections or relates to or 106 involves the encouraging, aiding, or abetting of a violation of such other sections, the 107 commission may, in addition to the relief provided in subdivision (1) of this subsection, assess 108 a civil penalty against the respondent, for purposes of vindicating the public interest: 109 (a) In an amount not exceeding two thousand dollars if the respondent has not been 110 adjudged to have violated one or more of the sections enumerated in subdivision (2) of this 111 subsection within five years of the date of the filing of the complaint; 112 (b) In an amount not exceeding five thousand dollars if the respondent has been 113 adjudged to have committed one violation of the sections enumerated in subdivision (2) of 114 this subsection within five years of the date on which the complaint is filed; 115 (c) In an amount not exceeding ten thousand dollars if the respondent has been 116 adjudged to have committed two or more prior violations of the sections enumerated in 117 subdivision (2) of this subsection within seven years of the date on which the complaint is 118 filed. 119 120 All civil penalties set forth in this subsection shall be paid to the human rights fund. 121 12. If, upon all the evidence, the panel finds that a respondent has not engaged in any 122 unlawful discriminatory practice, the panel shall state its findings of fact and conclusions of 123 law and shall issue and cause to be served on the complainant and respondent an order 124 dismissing the complaint. 125 13. When the case is heard by a hearing examiner, the examiner shall have all powers 126 described in subdivision (8) of section 213.030 and subsection 11 of this section, for the 127 purpose of the hearing. The hearing examiner shall make findings of fact and conclusions of 128 law and shall recommend to the commission an order granting such relief as provided in 129 subsection 11 of this section or dismissing the complaint as to the respondent as provided in 130 subsection 12 of this section, in accordance with such findings. 131 14. A panel of at least three members of the commission, sitting as the commission, 132 shall review the record, findings and recommended order of the hearing examiner. The panel 133 shall thereafter accept or amend the recommended order which shall become the order of the HB 3425 17 134 commission. All orders shall be served on the complainant and respondent, and copies shall 135 be delivered to the attorney general and such other public officers as the commission deems 136 proper. 137 15. No order of the commission issued pursuant to this section shall affect any 138 contract, sale, encumbrance or lease consummated before the issuance of such order and 139 involving a bona fide purchaser without actual notice of the charge filed pursuant to this 140 section. 141 16. Any person aggrieved by an order of the commission may appeal as provided in 142 chapter 536. 213.101. [Deleted paragraph: 1.,] The provisions of this chapter shall be construed to accomplish the 2 purposes thereof and any law inconsistent with any provision of this chapter shall not apply. 3 Nothing contained in this chapter shall be deemed to repeal any of the provisions of any law 4 of this state relating to discrimination because of race, color, religion, national origin, sex, 5 Added Text, sexual orientation, gender identity,, added end, ancestry, age, disability, Added Text, veteran status,, added end, or familial 6 status. 7 [Deleted paragraph: 2., The general assembly hereby expressly abrogates the case of McBryde v. Ritenour 8 School District, 207 S.W.3d 162 (Mo.App. E.D. 2006), and its progeny as it relates to the 9 necessity and appropriateness of the issuance of a business judgment instruction. In all civil 10 actions brought under this chapter, a jury shall be given an instruction expressing the business 11 judgment rule. 12 Deleted paragraph: 3., If an employer in a case brought under this chapter files a motion pursuant to rule 13 74.04 of the Missouri rules of civil procedure, the court shall consider the burden-shifting 14 analysis of McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), and its progeny to be 15 highly persuasive for analysis in cases not involving direct evidence of discrimination. 16 Deleted paragraph: 4., The general assembly hereby expressly abrogates by this statute the cases of 17 Daugherty v. City of Maryland Heights, 231 S.W.3d 814 (Mo. 2007) and its progeny as they 18 relate to the contributing factor standard and abandonment of the burden-shifting framework 19 established in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973). 20 Deleted paragraph: 5., The general assembly hereby expressly abrogates by this statute the holding in 21 Hurst v. Kansas City Mo. School District, 437 S.W.3d 327 (Mo.App. W.D. 2014), that 22 Missouri Approved Instruction 19.01 may be applied to actions brought pursuant to this 23 chapter, and the holding in Thomas v. McKeever's Enterprises, Inc., 388 S.W.3d 206 24 (Mo.App. W.D. 2012), that juries shall not be instructed that plaintiffs bear the burden of 25 establishing "but for" causation in actions brought pursuant to this chapter. 26 Deleted paragraph: 6., The general assembly hereby abrogates all Missouri-approved jury instructions 27 specifically addressing civil actions brought under this chapter which were in effect prior to 28 August 28, 2017.] HB 3425 18 213.111. 1. If, after one hundred eighty days from the filing of a complaint alleging 2 an unlawful discriminatory practice pursuant to section 213.055, 213.065 or 213.070 to the 3 extent that the alleged violation of section 213.070 relates to or involves a violation of section 4 213.055 or 213.065, or subdivision (3) of subsection 1 of section 213.070 as it relates to 5 employment and public accommodations, the commission has not completed its 6 administrative processing and the person aggrieved so requests in writing, the commission 7 shall issue to the person claiming to be aggrieved a letter indicating his or her right to bring a 8 civil action within ninety days of such notice against the respondent named in the complaint. 9 [Deleted Text, If, after the filing of a complaint, deleted end, ] Added Text, Any person alleging an unlawful discriminatory practice, added end, 10 Added Text, Any person alleging an unlawful discriminatory practice, added end, pursuant to sections 213.040, 213.045, 213.050 and 213.070, to the extent that the 11 alleged violation of section 213.070 relates to or involves a violation of sections 213.040, 12 213.045 and 213.050, or subdivision (3) of subsection 1 of section 213.070 as it relates to 13 housing, [Deleted Text, and the person aggrieved so requests in writing, the commission shall issue to the person claiming to be aggrieved a letter indicating his or her right to bring a civil action within ninety days of such notice against the respondent named in the complaint, deleted end, 14 Deleted Text, and the person aggrieved so requests in writing, the commission shall issue to the person claiming to be aggrieved a letter indicating his or her right to bring a civil action within ninety days of such notice against the respondent named in the complaint, deleted end, 15 Deleted Text, and the person aggrieved so requests in writing, the commission shall issue to the person claiming to be aggrieved a letter indicating his or her right to bring a civil action within ninety days of such notice against the respondent named in the complaint, deleted end, ] Added Text, may file a petition in the circuit court of the county in which the alleged unlawful discriminatory practice occurred without first filing a complaint with the commission, added end, 16 Added Text, may file a petition in the circuit court of the county in which the alleged unlawful discriminatory practice occurred without first filing a complaint with the commission, added end, 17 Added Text, may file a petition in the circuit court of the county in which the alleged unlawful discriminatory practice occurred without first filing a complaint with the commission, added end, . The commission 18 may not at any other time or for any other reason issue a letter indicating a complainant's right 19 to bring a civil action. Such an action may be brought in any circuit court in any county in 20 which the unlawful discriminatory practice is alleged to have been committed, either before a 21 circuit or associate circuit judge. Upon issuance of this notice, the commission shall 22 terminate all proceedings relating to the complaint. No person may file or reinstate a 23 complaint with the commission after the issuance of a notice under this section relating to the 24 same practice or act. Any action brought in court under this section shall be filed within 25 ninety days from the date of the commission's notification letter to the individual but no later 26 than two years after the alleged cause occurred or its reasonable discovery by the alleged 27 injured party. 28 2. The court may grant as relief, as it deems appropriate, any permanent or temporary 29 injunction, temporary restraining order, or other order, and may award to the plaintiff actual 30 and punitive damages, and may award court costs and reasonable [Deleted Text, attorney, deleted end, ] Added Text, attorney's, added end, fees to 31 the prevailing party, other than a state agency or commission or a local commission; except 32 that, a prevailing respondent may be awarded reasonable [Deleted Text, attorney, deleted end, ] Added Text, attorney's, added end, fees only upon 33 a showing that the case was without foundation. 34 3. Any party to any action initiated under this section has a right to a trial by jury. 35 4. The sum of the amount of actual damages, including damages for future pecuniary 36 losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, 37 and other nonpecuniary losses, and punitive damages awarded under this section Added Text, for an unlawful discriminatory practice related to employment, added end, HB 3425 19 38 unlawful discriminatory practice related to employment shall not exceed for each 39 complaining party: 40 (1) Actual back pay and interest on back pay; and 41 (2) (a) In the case of a respondent who has more than five and fewer than one 42 hundred one employees in each of twenty or more calendar weeks in the current or preceding 43 calendar year, fifty thousand dollars; 44 (b) In the case of a respondent who has more than one hundred and fewer than two 45 hundred one employees in each of twenty or more calendar weeks in the current or preceding 46 calendar year, one hundred thousand dollars; 47 (c) In the case of a respondent who has more than two hundred and fewer than five 48 hundred one employees in each of twenty or more calendar weeks in the current or preceding 49 calendar year, two hundred thousand dollars; or 50 (d) In the case of a respondent who has more than five hundred employees in each of 51 twenty or more calendar weeks in the current or preceding calendar year, five hundred 52 thousand dollars. 53 [Deleted paragraph: 5., In any employment-related civil action brought under this chapter, the plaintiff 54 shall bear the burden of proving the alleged unlawful decision or action was made or taken 55 because of his or her protected classification and was the direct proximate cause of the 56 claimed damages.] Bill Body End HB 3425 20