Text of MO SB 1022 (2018)

SECOND REGULAR SESSION SENATE BILL NO. 1022 99TH GENERAL ASSEMBLY INTRODUCED BY SENATOR DIXON. Read 1st time February 22, 2018, and ordered printed. ADRIANE D. CROUSE, Secretary. 6257S.02I AN ACT To repeal sections 213.010, 213.030, 213.040, 213.045, 213.050, 213.055, 213.065, 213.070, and 213.101, RSMo, and to enact in lieu thereof thirteen new sections relating to unlawful discriminatory practices. 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Section A. Sections 213.010, 213.030, 213.040, 213.045, 213.050, 213.055, 2 213.065, 213.070, and 213.101, RSMo, are repealed and thirteen new sections 3 enacted in lieu thereof, to be known as sections 1.202, 173.1555, 173.1556, 4 213.010, 213.030, 213.040, 213.045, 213.050, 213.055, 213.065, 213.070, 213.101, 5 and 213.134, to read as follows: 1.202. 1. Neither the state nor any political subdivision of the 2 state shall impose a penalty on: 3 (1) An individual or religious organization wholly or partially on 4 the basis that such individual or organization believes or acts in 5 accordance with a sincerely held religious belief that marriage is or 6 should be recognized as the union of one man and one woman, or that 7 sexual intimacy is properly reserved to such a marriage; 8 (2) Any clergy or other religious leader on the basis that such 9 cleric or leader declines or will decline to perform, solemnize, or 10 facilitate a marriage or ceremony for reasons set out in subdivision (1) 11 of this subsection, nor refuse to authorize any cleric or religious leader 12 to conduct marriages recognized by the state for reasons set out in 13 subdivision (1) of this subsection; 14 (3) Any church, synagogue, mosque, temple, or other house of 15 worship, denomination, or other religious organization on the basis EXPLANATION--Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is intended to be omitted in the law. SB 1022 2 16 that such organization declines or will decline to make its buildings or 17 other facilities and property open or available to perform, solemnize, 18 or facilitate a marriage or ceremony for reasons set out in subdivision 19 (1) of this subsection; 20 (4) Any church, synagogue, mosque, temple, or other house of 21 worship, denomination, or other religious organization on the basis 22 that such organization promotes marriage through programs, 23 counseling, courses, or retreats in conformity with a sincerely held 24 religious belief set out in subdivision (1) of this subsection; 25 (5) Any religious organization respecting the performing, 26 assisting, counseling or participating in any placement of a child for 27 foster care or adoption consistent with the organizations religious or 28 moral convictions or policies. 29 2. (1) Notwithstanding any other provision of law to the 30 contrary, neither the state nor any political subdivision of the state, 31 nor an accrediting, certifying or licensing body of the state or a 32 political subdivision, shall: 33 (a) Deny, revoke, or suspend a licensee's professional or business 34 license based on that licensee's beliefs or the licensee's lawful 35 expression of those beliefs, including the licensee's religious beliefs 36 regarding marriage, family, or sexuality; or 37 (b) Penalize, discipline, censure, disadvantage, discriminate 38 against, or retaliate against a licensee who holds a professional, 39 occupational, or business license based on that licensee's beliefs or 40 lawful expression of those beliefs, including licensee's religious beliefs 41 regarding marriage, family, or sexuality. 42 (2) The state and each political subdivision of the state shall 43 consider accredited, licensed, or certified for purposes of state or local 44 law any individual or religious organization that would be accredited, 45 licensed, or certified, respectively, for such purposes but for a 46 determination against such individual or organization wholly or 47 partially or the basis that the individual or organization believes or 48 acts in accordance with a sincerely held religious belief that marriage 49 is or should be recognized as the union of one man or one woman, or 50 that sexual intimacy is properly reserved to such a marriage. 51 3. For purposes of this section, the following terms shall mean: 52 (1) "Individual", a natural person; SB 1022 3 53 (2) "Penalty", any action taken by the state or any political 54 subdivision to: 55 (a) Adversely alter the tax treatment of, or cause any tax, fine, 56 or payment to be assessed against, or to delay, revoke, or otherwise 57 deny an exemption from taxation of any individual or religious 58 organization referred to in subsection 1 of this section; 59 (b) Disallow or hinder a deduction for tax purposes of any 60 charitable contribution made by or to any such individual or 61 organization; 62 (c) Withhold, reduce, exclude, terminate, or otherwise deny any 63 grant, contract, subcontract, cooperative agreement, loan, guarantee, 64 insurance, scholarship, license, certification, accreditation, 65 employment, internship, or other similar status, from or to any such 66 individual or organization; 67 (d) Withhold, reduce, exclude, terminate, or otherwise deny any 68 entitlement, social service, health care benefit, or to adversely alter or 69 deny admission to or degree from an educational program, or to 70 adversely alter or deny a custody award, foster home placement, or 71 adoption, from or to any such individual or organization; 72 (e) Deny access to meeting space, funding, and channels of 73 communication at an educational institution that is otherwise available 74 to other student organizations, access to charitable fund-raising 75 campaigns that is otherwise available to other charitable organizations, 76 or access to minister at correctional institutions and other public 77 facilities and property as is otherwise available to other 78 nongovernmental organizations to any such individual or organization; 79 or 80 (f) Allow or recognize a civil claim or cause of action in tort 81 against any such individual or organization; 82 (3) "Political subdivision", any municipality, county, school 83 district, or other governmental body of the state of Missouri, an agent 84 of a political subdivision or person acting under color of law of the 85 political subdivision; 86 (4) "Religious organization", an organization that is: 87 (a) A religious group, society, corporation, association, order, 88 school, or institution of higher education, ministry, charity, 89 social-service provider, adoption agency, child placement service SB 1022 4 90 provider, hospital or other healthcare facility, hospice, elder care 91 facility, or crisis pregnancy center, and associated counseling, courses, 92 and teaching, regardless of whether its purposes and activities are 93 deemed wholly or partly religious; 94 (b) A house of worship, including but not limited to, a church, 95 convention, denomination, synagogue, mosque, temple or stake; or 96 (c) Any clergy, religious leader, minister, officer, manager, 97 employee, member, or volunteer of any entity described in this 98 subdivision, while acting in the scope of his or her office, employment, 99 or duties of such position; or 100 (d) Any subsidiary, affiliate, or agency operated, supervised or 101 controlled by any entity described in this subdivision. 102 (5) "Sexuality", includes legal sexual conduct, legal sexual 103 expression, sexual desires, and the legal status of a person as male or 104 female. 105 (6) "State", any department, commission, board, agency, or court 106 of the state of Missouri, and any agent of the state or person acting 107 under color of law of the state, or any political subdivision of the state. 108 4. (1) An individual or religious organization may assert an 109 actual or threatened violation of this section as a claim or defense in 110 a judicial or administrative proceeding and may obtain compensatory 111 damages, injunctive relief, declaratory relief, or any other appropriate 112 relief against the state or a political subdivision of the state. 113 (2) Notwithstanding any other provision of law to the contrary, 114 an action under this section may be commenced, and relief may be 115 granted, in a court of competent jurisdiction without regard to whether 116 the individual or religious organization commencing the action has 117 pursued or exhausted available administrative remedies. 118 5. (1) Nothing in this section shall be construed to repeal or 119 supersede any state law that is equally or more protective of free 120 exercise of religious belief and practices. Nothing in this section shall 121 be construed to narrow the meaning or application of any state law 122 protecting free exercise of religious beliefs and practices. This section 123 shall be broadly construed in favor of a broad protection of religious 124 beliefs, exercise, and conscience to the maximum extent permitted by 125 the terms of this section and the Missouri and United States 126 Constitutions. SB 1022 5 127 (2) (a) Nothing in this section shall be construed to prevent the 128 state or a political subdivision of the state from providing, either 129 directly or through an individual not seeking protection under this 130 section, a license to marry or other entitlement, service, or benefit 131 authorized by state law. 132 (b) Nothing in this section shall permit a hospital, hospice, or 133 other healthcare facility, or an elder care facility, to refuse to treat a 134 marriage as valid for purposes of a spouse's right to visitation or to 135 surrogate healthcare decisions. 136 6. Notwithstanding any other provision of law to the contrary, 137 neither the state nor any political subdivision of the state shall engage 138 in any adverse action against any individual or entity for exercising 139 the protections contained in this section. 173.1555. As used in sections 173.1555 and 173.1556, the following 2 terms shall mean: 3 (1) "Benefit", recognition, registration, the use of facilities of the 4 public institution of higher learning for meetings or speaking purposes, 5 the use of channels of communication of the public institution of higher 6 learning and the use of funding sources that are otherwise available to 7 other student associations in the public institution of higher learning; 8 (2) "Public institution of higher learning", any state 9 postsecondary educational institution governed or supervised by a 10 board created under chapter 172, 174, 175, or 178, a board of trustees 11 of a community college, or any state board for any other technical 12 school; 13 (3) "Religion" or "religious", includes all aspects of a religious 14 belief or practice, regardless of whether compelled or central to a 15 particular religion. 173.1556. 1. No public institution of higher learning shall take 2 any action or enforce any policy that denies a religious student 3 association any benefit available to any other student association, or 4 discriminate against a religious student association with respect to 5 such benefit, based on that association's requirement that its leaders 6 or members adhere to the association's sincerely held religious beliefs, 7 comply with the association's sincere religious observance 8 requirements, comply with the association's sincere religious standards 9 of conduct, or be committed to furthering the association's religious SB 1022 6 10 missions as such beliefs, requirements, standards, or missions are 11 defined by the association or religion upon which the association is 12 based. 13 2. Any student or religious student association that has been 14 aggrieved as a result of a violation of subsection 1 of this section may 15 assert that violation as a claim or defense in a judicial or 16 administrative proceeding against the public institution of higher 17 learning and obtain appropriate relief. 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 3 that it shall not be an unlawful employment practice for an employer to require 4 the compulsory retirement of any person who has attained the age of sixty-five 5 and who, for the two-year period immediately before retirement, is employed in 6 a bona fide executive or high policy-making position, if such person is entitled to 7 an immediate nonforfeitable annual retirement benefit from a pension, profit 8 sharing, savings or deferred compensation plan, or any combination of such plans, 9 of the employer, which equals, in the aggregate, at least forty-four thousand 10 dollars; 11 (2) "Because" or "because of", as it relates to the adverse decision or 12 action, the protected criterion was the motivating factor; 13 (3) "Commission", the Missouri commission on human rights; 14 (4) "Complainant", a person who has filed a complaint with the 15 commission alleging that another person has engaged in a prohibited 16 discriminatory practice; 17 (5) "Disability", a physical or mental impairment which substantially 18 limits one or more of a person's major life activities, being regarded as having 19 such an impairment, or a record of having such an impairment, which with or 20 without reasonable accommodation does not interfere with performing the job, 21 utilizing the place of public accommodation, or occupying the dwelling in 22 question. For purposes of this chapter, the term "disability" does not include 23 current, illegal use of or addiction to a controlled substance as such term is 24 defined by section 195.010; however, a person may be considered to have a 25 disability if that person: 26 (a) Has successfully completed a supervised drug rehabilitation program 27 and is no longer engaging in the illegal use of, and is not currently addicted to, 28 a controlled substance or has otherwise been rehabilitated successfully and is no SB 1022 7 29 longer engaging in such use and is not currently addicted; 30 (b) Is participating in a supervised rehabilitation program and is no 31 longer engaging in illegal use of controlled substances; or 32 (c) Is erroneously regarded as currently illegally using, or being addicted 33 to, a controlled substance; 34 (6) "Discrimination", conduct proscribed herein, taken because of race, 35 color, religion, national origin, ancestry, sex, sexual orientation, gender 36 identity, or age as it relates to employment, disability, or familial status as it 37 relates to housing; 38 (7) "Dwelling", any building, structure or portion thereof which is occupied 39 as, or designed or intended for occupancy as, a residence by one or more families, 40 and any vacant land which is offered for sale or lease for the construction or 41 location thereon of any such building, structure or portion thereof; 42 (8) "Employer", a person engaged in an industry affecting commerce who 43 has six or more employees for each working day in each of twenty or more 44 calendar weeks in the current or preceding calendar year, and shall include the 45 state, or any political or civil subdivision thereof, or any person employing six or 46 more persons within the state but does not include corporations and associations 47 primarily owned or operated by religious or sectarian organizations regardless 48 of whether being a member of the religion or sect is a requirement for 49 employment. "Employer" shall not include: 50 (a) The United States; 51 (b) A corporation wholly owned by the government of the United States; 52 (c) An individual employed by an employer; 53 (d) An Indian tribe; 54 (e) Any department or agency of the District of Columbia subject by 55 statute to procedures of the competitive service, as defined in 5 U.S.C. Section 56 [2101] 2102; or 57 (f) A bona fide private membership club, other than a labor organization, 58 that is exempt from taxation under 26 U.S.C. Section 501(c); 59 (9) "Employment agency" includes any person or agency, public or private, 60 regularly undertaking with or without compensation to procure employees for an 61 employer or to procure for employees opportunities to work for an employer; 62 (10) "Executive director", the executive director of the Missouri 63 commission on human rights; 64 (11) "Familial status", one or more individuals who have not attained the SB 1022 8 65 age of eighteen years being domiciled with: 66 (a) A parent or another person having legal custody of such individual; or 67 (b) The designee of such parent or other person having such custody, with 68 the written permission of such parent or other person. The protections afforded 69 against discrimination because of familial status shall apply to any person who 70 is pregnant or is in the process of securing legal custody of any individual who 71 has not attained the age of eighteen years; 72 (12) "Gender identity", the same meaning as in the fifth edition 73 of the Diagnostic and Statistical Manual. A person's gender identity 74 may be shown by providing evidence of including, but not limited to, 75 medical history, care, or treatment of the gender identity, consistent 76 and uniform assertion of the gender identity, or other evidence that the 77 gender identity is sincerely held, part of the person's core identity, and 78 not being asserted for an improper purpose; 79 (13) "Human rights fund", a fund established to receive civil penalties as 80 required by federal regulations and as set forth by subdivision (2) of subsection 81 11 of section 213.075, and which will be disbursed to offset additional expenses 82 related to compliance with the Department of Housing and Urban Development 83 regulations; 84 [(13)] (14) "Labor organization" includes any organization which exists 85 for the purpose, in whole or in part, of collective bargaining or of dealing with 86 employers concerning grievances, terms or conditions of employment, or for other 87 mutual aid or protection in relation to employment; 88 [(14)] (15) "Local commissions", any commission or agency established 89 prior to August 13, 1986, by an ordinance or order adopted by the governing body 90 of any city, constitutional charter city, town, village, or county; 91 [(15)] (16) "Person" includes one or more individuals, corporations, 92 partnerships, associations, organizations, labor organizations, legal 93 representatives, mutual companies, joint stock companies, trusts, trustees, 94 trustees in bankruptcy, receivers, fiduciaries, or other organized groups of 95 persons; 96 [(16)] (17) "Places of public accommodation", all places or businesses 97 offering or holding out to the general public, goods, services, privileges, facilities, 98 advantages or accommodations for the peace, comfort, health, welfare and safety 99 of the general public or such public places providing food, shelter, recreation and 100 amusement, including, but not limited to: SB 1022 9 101 (a) Any inn, hotel, motel, or other establishment which provides lodging 102 to transient guests, other than an establishment located within a building which 103 contains not more than five rooms for rent or hire and which is actually occupied 104 by the proprietor of such establishment as [his] the proprietor's residence; 105 (b) Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or 106 other facility principally engaged in selling food for consumption on the premises, 107 including, but not limited to, any such facility located on the premises of any 108 retail establishment; 109 (c) Any gasoline station, including all facilities located on the premises of 110 such gasoline station and made available to the patrons thereof; 111 (d) Any motion picture house, theater, concert hall, sports arena, stadium, 112 or other place of exhibition or entertainment; 113 (e) Any public facility owned, operated, or managed by or on behalf of this 114 state or any agency or subdivision thereof, or any public corporation; and any 115 such facility supported in whole or in part by public funds; 116 (f) Any establishment which is physically located within the premises of 117 any establishment otherwise covered by this section or within the premises of 118 which is physically located any such covered establishment, and which holds itself 119 out as serving patrons of such covered establishment; 120 [(17)] (18) "Religious organization", an organization that is: 121 (a) A religious group, society, corporation, association, order, 122 school, or institution of higher education, ministry, charity, 123 social-service provider, adoption agency, child placement service 124 provider, hospital or other healthcare facility, hospice, elder care 125 facility, or crisis pregnancy center, and associated counseling, courses, 126 and teaching, regardless of whether its purposes and activities are 127 deemed wholly or partly religious; 128 (b) A house of worship, including but not limited to, a church, 129 convention, denomination, synagogue, mosque, temple or stake; or 130 (c) Any clergy, religious leader, minister, officer, manager, 131 employee, member, or volunteer of any entity described in this 132 subdivision, while acting in the scope of his or her office, employment, 133 or duties of such position; or 134 (d) Any subsidiary, affiliate, or agency operated, supervised or 135 controlled by any entity described in this subdivision; 136 (19) "Rent" includes to lease, to sublease, to let and otherwise to grant for SB 1022 10 137 consideration the right to occupy premises not owned by the occupant; 138 [(18)] (20) "Respondent", a person who is alleged to have engaged in a 139 prohibited discriminatory practice in a complaint filed with the commission; 140 (21) "Sexual orientation", an individual's actual or perceived 141 orientation as heterosexual, homosexual, or bisexual; 142 [(19)] (22) "The motivating factor", the employee's protected classification 143 actually played a role in the adverse action or decision and had a determinative 144 influence on the adverse decision or action; 145 [(20)] (23) "Unlawful discriminatory practice", any act that is unlawful 146 under this 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, 3 religion, national origin, ancestry, sex, sexual orientation, gender identity, 4 age as it relates to employment, disability, or familial status as it relates to 5 housing and to take other actions against discrimination because of race, color, 6 religion, national origin, ancestry, sex, sexual orientation, gender identity, 7 age, disability, or familial status as provided by law; and the commission is 8 hereby given general jurisdiction and power for such purposes; 9 (2) To implement the purposes of this chapter first by conference, 10 conciliation and persuasion so that persons may be guaranteed their civil rights 11 and goodwill be fostered; 12 (3) To formulate policies to implement the purposes of this chapter and 13 to make recommendations to agencies and officers of the state and political 14 subdivisions in aid of such policies and purposes; 15 (4) To appoint such employees as it may deem necessary, fix their 16 compensation within the appropriations provided and in accordance with the 17 wage structure established for other state agencies, and prescribe their duties; 18 (5) To obtain upon request and utilize the services of all governmental 19 departments and agencies to be paid from appropriations to this commission; 20 (6) To adopt, promulgate, amend, and rescind suitable rules and 21 regulations to carry out the provisions of this chapter and the policies and 22 practices of the commission in connection therewith; 23 (7) To receive, investigate, initiate, and pass upon complaints alleging 24 discrimination in employment, housing or in places of public accommodations 25 because of race, color, religion, national origin, ancestry, sex, sexual 26 orientation, gender identity, age as it relates to employment, disability, or SB 1022 11 27 familial status as it relates to housing and to require the production for 28 examination of any books, papers, records, or other materials relating to any 29 matter under investigation; 30 (8) To hold hearings, subpoena witnesses, compel their attendance, 31 administer oaths, to take the testimony of any person under oath, and, in 32 connection therewith, to require the production for examination of any books, 33 papers or other materials relating to any matter under investigation or in 34 question before the commission; 35 (9) To issue publications and the results of studies and research which 36 will tend to promote goodwill and minimize or eliminate discrimination in 37 housing, employment or in places of public accommodation because of race, color, 38 religion, national origin, ancestry, sex, sexual orientation, gender identity, 39 age as it relates to employment, disability, or familial status as it relates to 40 housing; 41 (10) To provide each year to the governor and to the general assembly a 42 full written report of all its activities and of its recommendations; 43 (11) To adopt an official seal; 44 (12) To cooperate, act jointly, enter into cooperative or work-sharing 45 agreements with the United States Equal Employment Opportunity Commission, 46 the United States Department of Housing and Urban Development, and other 47 federal agencies and local commissions or agencies to achieve the purposes of this 48 chapter; 49 (13) To accept grants, private gifts, bequests, and establish funds to 50 dispose of such moneys so long as the conditions of the grant, gift, or bequest are 51 not inconsistent with the purposes of this chapter and are used to achieve the 52 purposes of this chapter; 53 (14) To establish a human rights fund as defined in section 213.010, for 54 the purposes of administering sections 213.040, 213.045, 213.050, 213.070, 55 213.075, and 213.076. 56 2. No rule or portion of a rule promulgated under the authority of this 57 chapter shall become effective unless it has been promulgated pursuant to the 58 provisions of [section 536.024] 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 3 to negotiate for the sale or rental of, to deny or otherwise make unavailable, a 4 dwelling to any person because of race, color, religion, national origin, ancestry, SB 1022 12 5 sex, sexual orientation, gender identity, disability, or familial status; 6 (2) To discriminate against any person in the terms, conditions, or 7 privileges of sale or rental of a dwelling, or in the provision of services or 8 facilities in connection therewith, because of race, color, religion, national origin, 9 ancestry, sex, sexual orientation, gender identity, disability, or familial 10 status; 11 (3) To make, print, or publish, or cause to be made, printed, or published 12 any notice, statement or advertisement, with respect to the sale or rental of a 13 dwelling that indicates any preference, limitation, or discrimination because of 14 race, color, religion, national origin, ancestry, sex, sexual orientation, gender 15 identity, disability, or familial status, or an intention to make any such 16 preference, limitation, or discrimination; 17 (4) To represent to any person because of race, color, religion, national 18 origin, ancestry, sex, sexual orientation, gender identity, disability, or 19 familial status that any dwelling is not available for inspection, sale, or rental 20 when such dwelling is in fact so available; 21 (5) To induce or attempt to induce any person to sell or rent any dwelling 22 by representations regarding the entry or prospective entry into the neighborhood 23 of a person or persons because of a particular race, color, religion, national origin, 24 ancestry, sex, sexual orientation, gender identity, disability, or familial 25 status; 26 (6) To discriminate in the sale or rental of, or to otherwise make 27 unavailable or deny, a dwelling to any buyer or renter because of a disability of: 28 (a) That buyer or renter; 29 (b) A person residing in or intending to reside in that dwelling after it is 30 so sold, rented, or made available; or 31 (c) Any person associated with that buyer or renter; 32 (7) To discriminate against any person in the terms, conditions, or 33 privileges of sale or rental of a dwelling, or in the provision of services or 34 facilities in connection with such dwelling, because of a disability of: 35 (a) That person; 36 (b) A person residing in or intending to reside in that dwelling after it is 37 so sold, rented, or made available; or 38 (c) Any person associated with that person. 39 2. For purposes of this section and sections 213.045 and 213.050, 40 discrimination includes: SB 1022 13 41 (1) A refusal to permit, at the expense of the person with the disability, 42 reasonable modifications of existing premises occupied or to be occupied by such 43 person if such modifications may be necessary to afford such person full 44 enjoyment of the premises, except that, in the case of a rental, the landlord may, 45 where it is reasonable to do so, condition permission for a modification on the 46 renter's agreeing to restore the interior of the premises to the condition that 47 existed before the modification, reasonable wear and tear excepted; 48 (2) A refusal to make reasonable accommodations in rules, policies, 49 practices, or services, when such accommodations may be necessary to afford such 50 person equal opportunity to use and enjoy a dwelling; or 51 (3) In connection with the design and construction of covered multifamily 52 dwellings for first occupancy after March 13, 1991, a failure to design and 53 construct those dwellings in such a manner that: 54 (a) The public use and common use portions of such dwellings are readily 55 accessible to and usable by persons with a disability; 56 (b) All the doors designed to allow passage into and within all premises 57 within such dwellings are sufficiently wide to allow passage by persons with a 58 disability in wheelchairs; and 59 (c) All premises within such dwellings contain the following features of 60 adaptive design: 61 a. An accessible route into and through the dwelling; 62 b. Light switches, electrical outlets, thermostats, and other environmental 63 controls in accessible locations; 64 c. Reinforcements in bathroom walls to allow later installation of grab 65 bars; and 66 d. Usable kitchens and bathrooms such that an individual in a wheelchair 67 can maneuver about the space. 68 3. As used in subdivision (3) of subsection 2 of this section, the term 69 "covered multifamily dwelling" means: 70 (1) Buildings consisting of four or more units if such buildings have one 71 or more elevators; and 72 (2) Ground floor units in other buildings consisting of four or more units. 73 4. Compliance with the appropriate requirements of the American 74 National Standard for Buildings and Facilities providing accessibility and 75 usability for people with physical disabilities, commonly cited as "ANSI A117.1", 76 suffices to satisfy the requirements of paragraph (a) of subdivision (3) of SB 1022 14 77 subsection 2 of this section. 78 5. Where a unit of general local government has incorporated into its laws 79 the requirements set forth in subdivision (3) of subsection 2 of this section, 80 compliance with such laws shall be deemed to satisfy the requirements of that 81 subdivision. Such compliance shall be subject to the following provisions: 82 (1) A unit of general local government may review and approve newly 83 constructed covered multifamily dwellings for the purpose of making 84 determinations as to whether the design and construction requirements of 85 subdivision (3) of subsection 2 of this section are met; 86 (2) The commission shall encourage, but may not require, the units of 87 local government to include in their existing procedures for the review and 88 approval of newly constructed covered multifamily dwellings, determinations as 89 to whether the design and construction of such dwellings are consistent with 90 subdivision (3) of subsection 2 of this section, and shall provide technical 91 assistance to units of local government and other persons to implement the 92 requirements of subdivision (3) of subsection 2 of this section; 93 (3) Nothing in this chapter shall be construed to require the commission 94 to review or approve the plans, designs or construction of all covered dwellings, 95 to determine whether the design and construction of such dwellings are consistent 96 with the requirements of subdivision (3) of subsection 2 of this section. 97 6. Nothing in this chapter shall be construed to invalidate or limit any 98 law of the state or political subdivision of the state, or other jurisdiction in which 99 this chapter shall be effective, that requires dwellings to be designed and 100 constructed in a manner that affords persons with disabilities greater access than 101 is required by this chapter. 102 7. Nothing in this section and sections 213.045 and 213.050 requires that 103 a dwelling be made available to an individual whose tenancy would constitute a 104 direct threat to the health or safety of other individuals or whose tenancy would 105 result in substantial physical damage to the property of others. 106 8. Nothing in this section and sections 213.045 and 213.050 limits the 107 applicability of any reasonable local or state restriction regarding the maximum 108 number of occupants permitted to occupy a dwelling, nor does any provision in 109 this section and sections 213.045 and 213.050 regarding familial status apply 110 with respect to housing for older persons. 111 9. As used in this section and sections 213.045 and 213.050, "housing for 112 older persons" means housing: SB 1022 15 113 (1) Provided under any state or federal program that the commission 114 determines is specifically designed and operated to assist elderly persons, as 115 defined in the state or federal program; 116 (2) Intended for, and solely occupied by, persons sixty-two years of age or 117 older; or 118 (3) Intended and operated for occupancy by at least one person fifty-five 119 years of age or older per unit. In determining whether housing qualifies as 120 housing for older persons under this subsection, the commission shall develop 121 regulations which require at least the following factors: 122 (a) The existence of significant facilities and services specifically designed 123 to meet the physical or social needs of older persons, or if the provision of such 124 facilities and services is not practicable, that such housing is necessary to provide 125 important housing opportunities for older persons; and 126 (b) That at least eighty percent of the units are occupied by at least one 127 person fifty-five years of age or older per unit; and 128 (c) The publication of, and adherence to, policies and procedures which 129 demonstrate an intent by the owner or manager to provide housing for persons 130 fifty-five years of age or older. 131 10. Housing shall not fail to meet the requirements for housing for older 132 persons by reason of: 133 (1) Persons residing in such housing as of August 28, 1992, who do not 134 meet the age requirements of subdivision (2) or (3) of subsection 9 of this section, 135 provided that new occupants of such housing meet the age requirements of 136 subdivision (2) or (3) of subsection 9 of this section; or 137 (2) Unoccupied units, provided that such units are reserved for occupancy 138 by persons who meet the age requirements of subdivision (2) or (3) of subsection 139 9 of this section. 140 11. Nothing in this section or section 213.045 or 213.050 shall prohibit 141 conduct against a person because such person has been convicted by any court of 142 competent jurisdiction of the illegal manufacture or distribution of a controlled 143 substance, as defined by section 195.010. 144 12. (1) Nothing in this chapter shall prohibit a religious organization, 145 association, or society, including a religious school or institution of higher 146 education, or any nonprofit institution or organization operated, supervised or 147 controlled by or in conjunction with a religious organization, association, or 148 society, from limiting the sale, rental or occupancy of dwellings which it owns or SB 1022 16 149 operates for other than a commercial purpose to persons of the same religion, or 150 from giving preference to such persons, unless membership in such religion is 151 restricted on account of race, color, or national origin. Nor shall anything in this 152 chapter prohibit a private club not in fact open to the public, which as an incident 153 to its primary purpose or purposes provides lodging which it owns or operates for 154 other than a commercial purpose, from limiting the rental or occupancy of such 155 lodging to its members or from giving preference to its members. 156 (2) Nothing in this chapter shall prohibit a religious 157 organization, association, or society, including a religious school or 158 institution of higher education, or any nonprofit institution or 159 organization operated, supervised, or controlled by or in conjunction 160 with a religious organization, association, or society, from limiting the 161 sale, rental, or occupancy of dwellings it owns or operates for other 162 than a commercial purpose, on the basis of sex, sexual orientation, or 163 gender identity, for reasons of personal modesty or privacy, or in the 164 furtherance of the organization's free exercise of religion under the 165 United States constitution and the Missouri constitution. 166 (3) Nothing in this chapter shall prohibit a nonprofit educational 167 institution from segregating a dwelling or a temporary permanent 168 residence facility it owns or operates on the basis of sex. 169 13. Nothing in this chapter, other than the prohibitions against 170 discriminatory advertising in subdivision (3) of subsection 1 of this section, shall 171 apply to: 172 (1) The sale or rental of any single family house by a private individual 173 owner, provided the following conditions are met: 174 (a) The private individual owner does not own or have any interest in 175 more than three single family houses at any one time; and 176 (b) The house is sold or rented without the use of a real estate broker, 177 agent or salesperson or the facilities of any person in the business of selling or 178 renting dwellings and without publication, posting or mailing of any 179 advertisement. If the owner selling the house does not reside in it at the time of 180 the sale or was not the most recent resident of the house prior to such sale, the 181 exemption in this section applies to only one such sale in any twenty-four-month 182 period; or 183 (2) Rooms or units in dwellings containing living quarters occupied or 184 intended to be occupied by no more than four families living independently of SB 1022 17 185 each other, if the owner actually maintains and occupies one of such living 186 quarters as his or her residence. 213.045. It shall be unlawful for any bank, building and loan association, 2 insurance company or other corporation, association, firm or enterprise whose 3 business consists in whole or in part in the making of commercial real estate 4 loans, to deny a loan or other financial assistance because of race, color, religion, 5 national origin, ancestry, sex, sexual orientation, gender identity, disability 6 or familial status to a person applying therefor for the purpose of purchasing, 7 construction, improving, repairing, or maintaining a dwelling, or to discriminate 8 against [him] such person in fixing of the amount, interest rate, duration or 9 other terms or conditions of such loan or other financial assistance, because of the 10 race, color, religion, national origin, ancestry, sex, sexual orientation, gender 11 identity, disability, or familial status of such person or of any person associated 12 with [him] such person in connection with such loan or other financial 13 assistance, or of the present or prospective owners, lessees, tenants, or occupants, 14 of the dwellings in relation to which such loan or other financial assistance is to 15 be made or given. 213.050. It shall be unlawful to deny any person access to or membership 2 or participation in any multiple listing service, real estate brokers' organization 3 or other service organization, or facility relating to the business of selling or 4 renting dwellings, because of race, color, religion, national origin, ancestry, sex, 5 sexual orientation, gender identity, disability, 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, 3 sex, sexual orientation, gender identity, ancestry, age or disability of any 4 individual: 5 (a) To fail or refuse to hire or to discharge any individual, or otherwise to 6 discriminate against any individual with respect to his or her compensation, 7 terms, conditions, or privileges of employment, because of such individual's race, 8 color, religion, national origin, sex, sexual orientation, gender identity, 9 ancestry, age or disability; 10 (b) To limit, segregate, or classify [his] such person's employees or [his] 11 such person's employment applicants in any way which would deprive or tend 12 to deprive any individual of employment opportunities or otherwise adversely 13 affect [his] such person's status as an employee, because of such individual's 14 race, color, religion, national origin, sex, sexual orientation, gender identity, SB 1022 18 15 ancestry, age or disability; 16 (2) For a labor organization to exclude or to expel from its membership 17 any individual or to discriminate in any way against any of its members or 18 against any employer or any individual employed by an employer because of race, 19 color, religion, national origin, sex, sexual orientation, gender identity, 20 ancestry, age or disability of any individual; or to limit, segregate, or classify its 21 membership, or to classify or fail or refuse to refer for employment any 22 individual, in any way which would deprive or tend to deprive any individual of 23 employment opportunities, or would limit such employment opportunities or 24 otherwise adversely affect [his] such person's status as an employee or as an 25 applicant for employment, because of such individual's race, color, religion, 26 national origin, sex, sexual orientation, gender identity, ancestry, age or 27 disability; or for any employer, labor organization, or joint labor-management 28 committee controlling apprenticeship or other training or retraining, including 29 on-the-job training programs to discriminate against any individual because of 30 [his] such person's race, color, religion, national origin, sex, sexual 31 orientation, gender identity, ancestry, age or disability in admission to, or 32 employment in, any program established to provide apprenticeship or other 33 training; 34 (3) For any employer or employment agency to print or circulate or cause 35 to be printed or circulated any statement, advertisement or publication, or to use 36 any form of application for employment or to make any inquiry in connection with 37 prospective employment, which expresses, directly or indirectly, any limitation, 38 specification, or discrimination, because of race, color, religion, national origin, 39 sex, sexual orientation, gender identity, ancestry, age or disability unless 40 based upon a bona fide occupational qualification or for an employment agency 41 to fail or refuse to refer for employment, or otherwise to discriminate against, any 42 individual because of his or her race, color, religion, national origin, sex, sexual 43 orientation, gender identity, ancestry, age as it relates to employment, or 44 disability, or to classify or refer for employment any individual because of his or 45 her race, color, religion, national origin, sex, sexual orientation, gender 46 identity, ancestry, age or disability. 47 2. Notwithstanding any other provision of this chapter, it shall not be an 48 unlawful employment practice for an employer to apply different standards of 49 compensation, or different terms, conditions or privileges of employment pursuant 50 to a bona fide seniority or merit system, or a system which measures earnings by SB 1022 19 51 quantity or quality of production or to employees who work in different locations, 52 provided that such differences or such systems are not the result of an intention 53 or a design to discriminate, and are not used to discriminate, because of race, 54 color, religion, sex, sexual orientation, gender identity, national origin, 55 ancestry, age or disability, nor shall it be an unlawful employment practice for 56 an employer to give and to act upon the results of any professionally developed 57 ability test, provided that such test, its administration, or action upon the results 58 thereof, is not designed, intended or used to discriminate because of race, color, 59 religion, national origin, sex, sexual orientation, gender identity, ancestry, 60 age or disability. 61 3. Nothing contained in this chapter shall be interpreted to require any 62 employer, employment agency, labor organization, or joint labor-management 63 committee subject to this chapter to grant preferential treatment to any 64 individual or to any group because of the race, color, religion, national origin, sex, 65 sexual orientation, gender identity, ancestry, age or disability of such 66 individual or group on account of an imbalance which may exist with respect to 67 the total number or percentage of persons of any race, color, religion, national 68 origin, sex, sexual orientation, gender identity, ancestry, age or disability 69 employed by any employer, referred or classified for employment by any 70 employment agency or labor organization, admitted to membership or classified 71 by any labor organization, or admitted to or employed in any apprenticeship or 72 other training program, in comparison with the total number or percentage of 73 persons of such race, color, religion, national origin, sex, sexual orientation, 74 gender identity, ancestry, age or disability in any community, state, section, or 75 other area, or in the available workforce in any community, state, section, or 76 other area. 77 4. Notwithstanding any other provision of this chapter, it shall not be an 78 unlawful employment practice for the state or any political subdivision of the 79 state to comply with the provisions of 29 U.S.C. Section 623 relating to 80 employment as firefighters or law enforcement officers. 81 5. Nothing in this chapter may be interpreted to prohibit an 82 employer from adopting reasonable dress and grooming standards not 83 prohibited by other provisions of federal or state law, provided that the 84 employer's dress and grooming standards afford reasonable 85 accommodations based on gender identity to all employees. 86 6. Nothing in this chapter may be interpreted to prohibit an SB 1022 20 87 employer from adopting reasonable rules and policies that designate 88 sex-specific facilities, including restrooms, shower facilities, and 89 dressing facilities, provided that the employer's rules and policies 90 adopted under this section afford reasonable accommodations based on 91 gender identity to all employees. 92 7. An employee may express the employee's religious or moral 93 beliefs and commitments in the workplace in a reasonable, 94 nondisruptive, and nonharassing way on equal terms with similar types 95 of expression of beliefs or commitments allowed by the employer in the 96 workplace, unless the expression is in direct conflict with essential 97 business-related interests of the employer. 98 8. An employer shall not discharge, demote, terminate, or refuse 99 to hire any person, or retaliate against, harass, or discriminate in 100 matters of compensation or in terms, privileges, and conditions of 101 employment against any person otherwise qualified, for lawful 102 expression or expressive activity outside the workplace regarding the 103 person's religious, political, or personal convictions, including 104 convictions about marriage, family, or sexuality, unless the expression 105 or expressive activity is in direct conflict with the business-related 106 interests of the employer. 213.065. 1. All persons within the jurisdiction of the state of Missouri are 2 free and equal and shall be entitled to the full and equal use and enjoyment 3 within this state of any place of public accommodation, as hereinafter defined, 4 without discrimination or segregation because of race, color, religion, national 5 origin, sex, sexual orientation, gender identity, ancestry, or disability. 6 2. It is an unlawful discriminatory practice for any person, directly or 7 indirectly, to refuse, withhold from or deny any other person, or to attempt to 8 refuse, withhold from or deny any other person, any of the accommodations, 9 advantages, facilities, services, or privileges made available in any place of public 10 accommodation, [as defined in section 213.010 and this section,] or to segregate 11 or discriminate against any such person in the use thereof because of race, color, 12 religion, national origin, sex, sexual orientation, gender identity, ancestry, 13 or disability. 14 3. The provisions of this section shall not apply to: 15 (1) A private club [, a place of accommodation owned by or operated on 16 behalf of a religious corporation, association or society,] or other establishment SB 1022 21 17 which is not in fact open to the public, unless the facilities of such private club 18 or establishment [establishments] are made available to the customers or 19 patrons of a place of public accommodation [as defined in section 213.010 and this 20 section.]; or 21 (2) A place of accommodation owned by or operated on behalf of 22 a religious organization, association, or society. 23 4. No person shall be subject to a penalty under this section for 24 declining to personally be a participant in a wedding or marriage or to 25 provide goods or services of expressional or artistic creation, such as 26 a photographer or florist, for a wedding or marriage, or a closely 27 preceding or ensuing reception therefore, because of a sincerely held 28 religious belief concerning marriage between two persons of the same 29 sex. 213.070. 1. It shall be an unlawful discriminatory practice for an 2 employer, employment agency, labor organization, or place of public 3 accommodation: 4 (1) To aid, abet, incite, compel, or coerce the commission of acts prohibited 5 under this chapter or to attempt to do so; 6 (2) To retaliate or discriminate in any manner against any other person 7 because such person has opposed any practice prohibited by this chapter or 8 because such person has filed a complaint, testified, assisted, or participated in 9 any manner in any investigation, proceeding or hearing conducted pursuant to 10 this chapter; 11 (3) For the state or any political subdivision of this state to discriminate 12 on the basis of race, color, religion, national origin, sex, sexual orientation, 13 gender identity, ancestry, age, as it relates to employment, disability, or 14 familial status as it relates to housing; or 15 (4) To discriminate in any manner against any other person because of 16 such person's association with any person protected by this chapter. 17 2. This chapter, in addition to [chapter 285 and chapter] chapters 285 18 and 287, shall provide the exclusive remedy for any and all claims for injury or 19 damages arising out of an employment relationship. 213.101. 1. The provisions of this chapter shall be construed to 2 accomplish the purposes thereof and any law inconsistent with any provision of 3 this chapter shall not apply. Nothing contained in this chapter shall be deemed 4 to repeal any of the provisions of any law of this state relating to discrimination SB 1022 22 5 because of race, color, religion, national origin, sex, sexual orientation, gender 6 identity, ancestry, age, disability, or familial status. 7 2. The general assembly hereby expressly abrogates the case of McBryde 8 v. Ritenour School District, 207 S.W.3d 162 (Mo.App. E.D. 2006), and its progeny 9 as it relates to the necessity and appropriateness of the issuance of a business 10 judgment instruction. In all civil actions brought under this chapter, a jury shall 11 be given an instruction expressing the business judgment rule. 12 3. If an employer in a case brought under this chapter files a motion 13 pursuant to rule 74.04 of the Missouri rules of civil procedure, the court shall 14 consider the burden-shifting analysis of McDonnell Douglas Corp. v. Green, 411 15 U.S. 792 (1973), and its progeny to be highly persuasive for analysis in cases not 16 involving direct evidence of discrimination. 17 4. The general assembly hereby expressly abrogates by this statute the 18 cases of Daugherty v. City of Maryland Heights, 231 S.W.3d 814 (Mo. 2007) and 19 its progeny as they relate to the contributing factor standard and abandonment 20 of the burden-shifting framework established in McDonnell Douglas Corp. v. 21 Green, 411 U.S. 792 (1973). 22 5. The general assembly hereby expressly abrogates by this statute the 23 holding in Hurst v. Kansas City Mo. School District, 437 S.W.3d 327 (Mo.App. 24 W.D. 2014), that Missouri Approved Instruction 19.01 may be applied to actions 25 brought pursuant to this chapter, and the holding in Thomas v. McKeever's 26 Enterprises, Inc., 388 S.W.3d 206 (Mo.App. W.D. 2012), that juries shall not be 27 instructed that plaintiffs bear the burden of establishing "but for" causation in 28 actions brought pursuant to this chapter. 29 6. The general assembly hereby abrogates all Missouri-approved jury 30 instructions specifically addressing civil actions brought under this chapter which 31 were in effect prior to August 28, 2017. 213.134. 1. Any political subdivision of the state may adopt or 2 maintain an ordinance, regulation, or policy prohibiting discrimination 3 in employment, housing, or public accommodations on the basis of 4 sexual orientation or gender identity to the extent such ordinance, 5 regulation, or policy expressly: 6 (1) States in its terms that it includes the definition of employer 7 set forth at subdivision (8) of section 213.010; 8 (2) Includes the protections for religious organization set forth 9 at subsection 12 of section 213.040; SB 1022 23 10 (3) Includes the dress and grooming standard provisions set 11 forth at subsection 5 and 6 of section 213.055; 12 (4) Includes the protections for religious organizations set forth 13 at subsection 3 of section 213.065; and 14 (5) Includes the protections for individuals and businesses set 15 forth at subsection 4 of section 213.065. 16 2. Any ordinance, regulation, or policy of a political subdivision 17 of this state that neglects or otherwise fails to comply with subsection 18 1 of this section is thereby not enforceable against any church or other 19 religious organization. Section B. If any provision of section A of this act or the application 2 thereof to anyone or to any circumstance is held invalid, the remainder of those 3 sections and the application of such provisions to others or other circumstances 4 shall not be affected thereby. T