Text of MO HB 587 (2025)

FIRST REGULAR SESSION HOUSE BILL NO. 587 103RD GENERAL ASSEMBLY INTRODUCED BY REPRESENTATIVE WEBER. 0429H.01I DANA RADEMAN MILLER, Chief Clerk AN ACT To repeal sections 290.400, 290.410, 290.420, 290.430, 290.440, 290.450, and 290.460, RSMo, and to enact in lieu thereof six new sections relating to employment practices relating to gender. Be it enacted by the General Assembly of the state of Missouri, as follows: Section A. Sections 290.400, 290.410, 290.420, 290.430, 290.440, 290.450, and 2 290.460, RSMo, are repealed and six new sections enacted in lieu thereof, to be known as 3 sections 290.400, 290.410, 290.420, 290.430, 290.440, and 290.460, to read as follows: 290.400. 1. As used in sections 290.400 to [290.450] 290.460 the following words 2 have the meanings indicated unless the context clearly requires otherwise: 3 (1) "Commission", the labor and industrial relations commission of Missouri; 4 (2) "Employee", every woman or man in receipt of or entitled to compensation for 5 labor performed for any employer; 6 (3) "Employer", every person, firm, corporation, agent, manager, representative, 7 contractor, subcontractor, principal or other person having control or direction of any woman 8 or man employed at any labor, or responsible directly or indirectly for the wages of another; 9 (4) ["Female", a woman of eighteen years or over; 10 (5)] "Wage rates" or "wages", [any compensation for labor measured by time, piece, 11 or otherwise] all compensation in any form that an employer provides to an employee in 12 payment for work done or services rendered including, but not limited to, base pay, 13 overtime bonuses, stock options, awards, tips, or various forms of nonmonetary 14 compensation if provided in lieu of or in addition to monetary compensation, provided 15 that such compensation has economic value to the employee. 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. 16 2. Nothing in sections 290.400 to 290.460 shall prevent an employee from 17 exercising his or her rights under any other provision of law. 290.410. 1. Notwithstanding any other provisions of the law, no employer shall [pay 2 any female in his employ at wage rates less than the wage rates paid to male employees in the 3 same establishment for the same quantity and quality of the same classification of work, 4 provided that nothing herein shall prohibit a variation of rates of pay for male and female 5 employees engaged in the same classification of work based upon a difference in seniority, 6 length of service, ability, skill, difference in duties or services performed, difference in the 7 shift or time of day worked, hours of work, or restrictions or prohibitions on lifting or moving 8 objects in excess of specified weight, or other reasonable differentiation, or factors other than 9 sex, when exercised in good faith] discriminate based on gender in providing 10 compensation for equal work, the performance of which requires equal skill, effort, 11 and responsibility, and which is performed under similar working conditions. 12 2. Notwithstanding the provisions of subsection 1 of this section, it shall not be 13 unlawful for an employer to pay different wage rates to employees if such payments are 14 made pursuant to: 15 (1) A bona fide seniority or merit system; 16 (2) A system that measures earnings by quantity or quality of production; 17 (3) Any bona fide factor other than gender, provided that wage differentials 18 based on varying market rates for equal jobs shall not be considered differentials based 19 on bona fide factors other than gender; or 20 (4) Bona fide regional economic differentials. 21 3. An employer who is paying wages in violation of this section shall not reduce 22 the wage of any employee in order to comply with this section. 23 4. No employer shall discharge, take any adverse action, or otherwise retaliate in 24 any manner against any employee because such employee has: 25 (1) Opposed any act or practice made unlawful by this section; or 26 (2) Testified, assisted, or participated in any manner in an investigation, hearing, 27 or other proceeding to enforce this section. 28 5. No employer shall discharge, take any adverse action, or otherwise retaliate in 29 any manner against, coerce, intimidate, threaten, or interfere with any employee 30 because such employee either inquired about, compared, or otherwise discussed the 31 employee's wages or the wages of another employee; or exercised, enjoyed, aided, or 32 encouraged any other employee to exercise or enjoy any right granted or protected by 33 this section. HB 587 2 290.420. Any affected [female] employee may register with the commission a 2 complaint that the wages paid to [her] the employee are less than the wages to which [she] 3 the employee is entitled under sections 290.400 to [290.450] 290.460. 290.430. The commission shall take all proceedings necessary to mediate the dispute 2 concerning the payment of any sums alleged to be due and unpaid to the [female] employees. 3 The commission shall have the power to issue such regulations not inconsistent with the 4 purpose and provisions of sections 290.400 to [290.450] 290.460, as it deems necessary or 5 appropriate for the administration thereof. 290.440. 1. Any employer who violates section 290.410 is liable to the [female] 2 employee affected in the amount of the wages of which the [female] employee is deprived by 3 reason of the violation and an additional amount in compensatory damages, such 4 additional amount not to exceed twice the wages awarded. 5 2. [Any female employee receiving less than the wage to which she is entitled under 6 sections 290.400 to 290.450 may recover in a civil action the balance of the wages, together 7 with the costs of suit, notwithstanding any agreement to work for a lesser wage] Any 8 employer who violates subsection 4 or 5 of section 290.410 is liable to any individual 9 affected in the amount of all wages and benefits lost as a result of the violation and, if 10 awarded, an additional amount of compensatory damages in an amount to be 11 determined by a judge or jury trial. 12 3. [The burden of proof shall be upon the person bringing the claim to establish that 13 the differentiation in rate of pay is based upon the factor of sex and not upon other differences 14 or factors] In the event of a finding that an employer has violated section 290.410, a court 15 may enjoin such employer from future violations of section 290.410 and may order the 16 employer to take such additional steps as are necessary including, but not limited to, 17 reclassification of affected workers to ensure an end to the employer's gender-based pay 18 practices, or if the employer has engaged in unlawful retaliation prohibited by section 19 290.410, the court may order such relief as to make the employee whole, including 20 reinstatement. 21 4. Any employee prevailing in a civil action brought under sections 290.400 to 22 290.460, in addition to the remedies set forth in this section, may also recover court costs 23 and reasonable attorney's fees, notwithstanding any agreement to work for a lesser 24 wage. Any action brought under sections 290.400 to 290.460 shall be commenced within 25 two years after the alleged violation occurs or the date of the reasonable discovery of 26 such violation. 27 5. If an employee can show a deliberate pattern of violations of the provisions of 28 sections 290.400 to 290.460, the court may order the employer to pay punitive damages 29 to the employee in addition to any other compensation or injunctive relief ordered. HB 587 3 290.460. The commission shall carry on a continuing program of education, 2 information, study, and community organization concerning the problems of [female] 3 employees in seeking, obtaining and holding employment without discrimination on account 4 of sex. The commission's power and duties shall include but not be limited to the following: 5 (1) Promote in cooperation with the federal government, state, local and private 6 agencies and organizations, programs to eliminate discrimination in employment based solely 7 on sex; 8 (2) Promote research with the view to reducing barriers based solely on sex in the 9 hire, employment and retention of [female] employees; 10 (3) Sponsor and correlate in communities of the state, information and educational 11 programs intended to reduce or abolish discrimination in employment based solely on sex; 12 (4) Recommend to the governor, from time to time, any specific proposals for 13 legislation as may be deemed necessary and proper for the elimination in employment of 14 discrimination based solely on sex. [290.450. Any action based upon or arising under sections 290.400 to 2 290.450 shall be instituted in the circuit court within six months after the date 3 of the alleged violation, but in no event shall any employer be liable for any 4 pay due under sections 290.400 to 290.450 for more than thirty days prior to 5 receipt by the employer of written notice of claim thereof from the female 6 employee.] ✔ HB 587 4