Text of MO SB 1218 (2026)

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is intended to be omitted in the law. SECOND REGULAR SESSION SENATE BILL NO. 1218 103RD GENERAL ASSEMBLY INTRODUCED BY SENATOR LEWIS. 4558S.01I KRISTINA MARTIN, Secretary 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 nine 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Section A. Sections 213.010, 213.030, 213.040, 213.045, 1 213.050, 213.055, 213.065, 213.070, and 213.101, RSMo, are 2 repealed and nine new sections enacted in lieu thereof, to be 3 known as sections 213.010, 213.030, 213.040, 213.045, 213.050, 4 213.055, 213.065, 213.070, and 213.101, to read as follows: 5 213.010. As used in this chapter, the following terms 1 shall mean: 2 (1) "A motivating factor", the employee's protected 3 classification that actually played a role in the adverse 4 action or decision and had a determinative influence on the 5 adverse decision or action; 6 (2) "Age", an age of forty or more years but less than 7 seventy years, except that it shall not be an unlawful 8 employment practice for an employer to require the 9 compulsory retirement of any person who has attained the age 10 of sixty-five and who, for the two-year period immediately 11 before retirement, is employed in a bona fide executive or 12 high policy-making position, if such person is entitled to 13 an immediate nonforfeitable annual retirement benefit from a 14 SB 1218 2 pension, profit sharing, savings or deferred compensation 15 plan, or any combination of such plans, of the employer, 16 which equals, in the aggregate, at least forty-four thousand 17 dollars; 18 [(2)] (3) "Because" or "because of", as it relates to 19 the adverse decision or action, the protected criterion was 20 the motivating factor; 21 [(3)] (4) "Commission", the Missouri commission on 22 human rights; 23 [(4)] (5) "Complainant", a person who has filed a 24 complaint with the commission alleging that another person 25 has engaged in a prohibited discriminatory practice; 26 [(5)] (6) "Disability", a physical or mental 27 impairment which substantially limits one or more of a 28 person's major life activities, being regarded as having 29 such an impairment, or a record of having such an 30 impairment, which with or without reasonable accommodation 31 does not interfere with performing the job, utilizing the 32 place of public accommodation, or occupying the dwelling in 33 question. For purposes of this chapter, the term 34 "disability" does not include current, illegal use of or 35 addiction to a controlled substance as such term is defined 36 by section 195.010; however, a person may be considered to 37 have a disability if that person: 38 (a) Has successfully completed a supervised drug 39 rehabilitation program and is no longer engaging in the 40 illegal use of, and is not currently addicted to, a 41 controlled substance or has otherwise been rehabilitated 42 successfully and is no longer engaging in such use and is 43 not currently addicted; 44 SB 1218 3 (b) Is participating in a supervised rehabilitation 45 program and is no longer engaging in illegal use of 46 controlled substances; or 47 (c) Is erroneously regarded as currently illegally 48 using, or being addicted to, a controlled substance; 49 [(6)] (7) "Discrimination", conduct proscribed herein, 50 taken because of race, color, religion, national origin, 51 ancestry, sex, [or] sexual orientation, gender identity, or 52 age, as it relates to employment, disability, veteran 53 status, or familial status as it relates to housing. 54 Discrimination includes any unfair treatment based on a 55 person's presumed or assumed race, color, religion, national 56 origin, ancestry, sex, sexual orientation, gender identity, 57 or age, as it relates to employment, disability, veteran 58 status, or familial status as it relates to housing, 59 regardless of whether the presumption or assumption as to 60 such characteristic is correct; 61 [(7)] (8) "Dwelling", any building, structure or 62 portion thereof which is occupied as, or designed or 63 intended for occupancy as, a residence by one or more 64 families, and any vacant land which is offered for sale or 65 lease for the construction or location thereon of any such 66 building, structure or portion thereof; 67 [(8)] (9) "Employer", a person engaged in an industry 68 affecting commerce who has six or more employees for each 69 working day in each of twenty or more calendar weeks in the 70 current or preceding calendar year, and shall include the 71 state, or any political or civil subdivision thereof, or any 72 person employing six or more persons within the state but 73 does not include corporations and associations owned [or] 74 and operated by religious or sectarian organizations. 75 "Employer" shall not include: 76 SB 1218 4 (a) The United States; 77 (b) A corporation wholly owned by the government of 78 the United States; 79 (c) [An individual employed by an employer; 80 (d)] An Indian tribe; 81 [(e)] (d) Any department or agency of the District of 82 Columbia subject by statute to procedures of the competitive 83 service, as defined in 5 U.S.C. Section [2101] 2102; or 84 [(f)] (e) A bona fide private membership club, other 85 than a labor organization, that is exempt from taxation 86 under 26 U.S.C. Section 501(c); 87 [(9)] (10) "Employment agency" includes any person or 88 agency, public or private, regularly undertaking with or 89 without compensation to procure employees for an employer or 90 to procure for employees opportunities to work for an 91 employer; 92 [(10)] (11) "Executive director", the executive 93 director of the Missouri commission on human rights; 94 [(11)] (12) "Familial status", one or more individuals 95 who have not attained the age of eighteen years being 96 domiciled with: 97 (a) A parent or another person having legal custody of 98 such individual; or 99 (b) The designee of such parent or other person having 100 such custody, with the written permission of such parent or 101 other person. The protections afforded against 102 discrimination because of familial status shall apply to any 103 person who is pregnant or is in the process of securing 104 legal custody of any individual who has not attained the age 105 of eighteen years; 106 (13) "Gender identity", the gender-related identity, 107 appearance, mannerisms, or other gender-related 108 SB 1218 5 characteristics of an individual, with or without regard to 109 the individual's assigned sex at birth; 110 [(12)] (14) "Human rights fund", a fund established to 111 receive civil penalties as required by federal regulations 112 and as set forth by subdivision (2) of subsection 11 of 113 section 213.075, and which will be disbursed to offset 114 additional expenses related to compliance with the 115 Department of Housing and Urban Development regulations; 116 [(13)] (15) "Labor organization" includes any 117 organization which exists for the purpose, in whole or in 118 part, of collective bargaining or of dealing with employers 119 concerning grievances, terms or conditions of employment, or 120 for other mutual aid or protection in relation to employment; 121 [(14)] (16) "Local commissions", any commission or 122 agency established prior to August 13, 1986, by an ordinance 123 or order adopted by the governing body of any city, 124 constitutional charter city, town, village, or county; 125 [(15)] (17) "Person" includes one or more individuals, 126 corporations, partnerships, associations, organizations, 127 labor organizations, legal representatives, mutual 128 companies, joint stock companies, trusts, trustees, trustees 129 in bankruptcy, receivers, fiduciaries, or other organized 130 groups of persons; 131 [(16)] (18) "Places of public accommodation", all 132 places or businesses offering or holding out to the general 133 public, goods, services, privileges, facilities, advantages 134 or accommodations for the peace, comfort, health, welfare 135 and safety of the general public or such public places 136 providing food, shelter, recreation and amusement, 137 including, but not limited to: 138 (a) Any inn, hotel, motel, or other establishment 139 which provides lodging to transient guests, other than an 140 SB 1218 6 establishment located within a building which contains not 141 more than five rooms for rent or hire and which is actually 142 occupied by the proprietor of such establishment as [his] 143 the proprietor's residence; 144 (b) Any restaurant, cafeteria, lunchroom, lunch 145 counter, soda fountain, or other facility principally 146 engaged in selling food for consumption on the premises, 147 including, but not limited to, any such facility located on 148 the premises of any retail establishment; 149 (c) Any gasoline station, including all facilities 150 located on the premises of such gasoline station and made 151 available to the patrons thereof; 152 (d) Any motion picture house, theater, concert hall, 153 sports arena, stadium, or other place of exhibition or 154 entertainment; 155 (e) Any public facility owned, operated, or managed by 156 or on behalf of this state or any agency or subdivision 157 thereof, or any public corporation; and any such facility 158 supported in whole or in part by public funds; 159 (f) Any establishment which is physically located 160 within the premises of any establishment otherwise covered 161 by this section or within the premises of which is 162 physically located any such covered establishment, and which 163 holds itself out as serving patrons of such covered 164 establishment; 165 (19) "Race", includes a perception that a person is of 166 a particular racial group based upon: 167 (a) Shared physical traits associated with ancestral 168 origin or ethnicity; 169 (b) Shared cultural attributes; 170 (c) Wearing of protective hairstyles including, but 171 not limited to, hairstyles and coverings that are designed 172 SB 1218 7 to protect textured hair from damage so it may be worn in 173 its natural state such as braids, wigs, locks, twists, and 174 afros; and 175 (d) Similar physical characteristics such as skin 176 color and facial features; 177 [(17)] (20) "Rent" includes to lease, to sublease, to 178 let and otherwise to grant for consideration the right to 179 occupy premises not owned by the occupant; 180 [(18)] (21) "Respondent", a person who is alleged to 181 have engaged in a prohibited discriminatory practice in a 182 complaint filed with the commission; 183 [(19) "The motivating factor", the employee's 184 protected classification actually played a role in the 185 adverse action or decision and had a determinative influence 186 on the adverse decision or action;] 187 (22) "Sexual orientation", one's actual or perceived 188 emotional or physical attraction to, or romantic or physical 189 relationships with, members of the same gender, members of a 190 different gender, or members of any gender; or the lack of 191 any emotional or physical attraction to, or romantic or 192 physical relationships with, anyone. The term "sexual 193 orientation" includes a history of such attraction or 194 relationship or a history of no such attraction or 195 relationship; 196 [(20)] (23) "Unlawful discriminatory practice", any 197 act that is unlawful under this chapter; 198 (24) "Veteran status", an individual who served in a 199 branch of the military of the United States or in the 200 Missouri National Guard and was discharged for any reason 201 other than dishonorable discharge or bad conduct discharge. 202 213.030. 1. The powers and duties of the commission 1 shall be: 2 SB 1218 8 (1) To seek to eliminate and prevent discrimination 3 because of race, color, religion, national origin, ancestry, 4 sex, sexual orientation, gender identity, age, as it relates 5 to employment, disability, veteran status, or familial 6 status as it relates to housing and to take other actions 7 against discrimination because of race, color, religion, 8 national origin, ancestry, sex, sexual orientation, gender 9 identity, age, disability, veteran status, or familial 10 status as provided by law; and the commission is hereby 11 given general jurisdiction and power for such purposes; 12 (2) To implement the purposes of this chapter first by 13 conference, conciliation and persuasion so that persons may 14 be guaranteed their civil rights and goodwill be fostered; 15 (3) To formulate policies to implement the purposes of 16 this chapter and to make recommendations to agencies and 17 officers of the state and political subdivisions in aid of 18 such policies and purposes; 19 (4) To appoint such employees as it may deem 20 necessary, fix their compensation within the appropriations 21 provided and in accordance with the wage structure 22 established for other state agencies, and prescribe their 23 duties; 24 (5) To obtain upon request and utilize the services of 25 all governmental departments and agencies to be paid from 26 appropriations to this commission; 27 (6) To adopt, promulgate, amend, and rescind suitable 28 rules and regulations to carry out the provisions of this 29 chapter and the policies and practices of the commission in 30 connection therewith; 31 (7) To receive, investigate, initiate, and pass upon 32 complaints alleging discrimination in employment, housing or 33 in places of public accommodations because of race, color, 34 SB 1218 9 religion, national origin, ancestry, sex, sexual 35 orientation, gender identity, age, as it relates to 36 employment, disability, veteran status, or familial status 37 as it relates to housing and to require the production for 38 examination of any books, papers, records, or other 39 materials relating to any matter under investigation; 40 (8) To hold hearings, subpoena witnesses, compel their 41 attendance, administer oaths, to take the testimony of any 42 person under oath, and, in connection therewith, to require 43 the production for examination of any books, papers or other 44 materials relating to any matter under investigation or in 45 question before the commission; 46 (9) To issue publications and the results of studies 47 and research which will tend to promote goodwill and 48 minimize or eliminate discrimination in housing, employment 49 or in places of public accommodation because of race, color, 50 religion, national origin, ancestry, sex, sexual 51 orientation, gender identity, age, as it relates to 52 employment, disability, veteran status, or familial status 53 as it relates to housing; 54 (10) To provide each year to the governor and to the 55 general assembly a full written report of all its activities 56 and of its recommendations; 57 (11) To adopt an official seal; 58 (12) To cooperate, act jointly, enter into cooperative 59 or work-sharing agreements with the United States Equal 60 Employment Opportunity Commission, the United States 61 Department of Housing and Urban Development, and other 62 federal agencies and local commissions or agencies to 63 achieve the purposes of this chapter; 64 (13) To accept grants, private gifts, bequests, and 65 establish funds to dispose of such moneys so long as the 66 SB 1218 10 conditions of the grant, gift, or bequest are not 67 inconsistent with the purposes of this chapter and are used 68 to achieve the purposes of this chapter; 69 (14) To establish a human rights fund as defined in 70 section 213.010, for the purposes of administering sections 71 213.040, 213.045, 213.050, 213.070, 213.075, and 213.076. 72 2. No rule or portion of a rule promulgated under the 73 authority of this chapter shall become effective unless it 74 has been promulgated pursuant to the provisions of [section 75 536.024] chapter 536. 76 213.040. 1. It shall be an unlawful housing practice: 1 (1) To refuse to sell or rent after the making of a 2 bona fide offer, to refuse to negotiate for the sale or 3 rental of, to deny or otherwise make unavailable, a dwelling 4 to any person because of race, color, religion, national 5 origin, ancestry, sex, sexual orientation, gender identity, 6 disability, veteran status, or familial status; 7 (2) To discriminate against any person in the terms, 8 conditions, or privileges of sale or rental of a dwelling, 9 or in the provision of services or facilities in connection 10 therewith, because of race, color, religion, national 11 origin, ancestry, sex, sexual orientation, gender identity, 12 disability, veteran status, or familial status; 13 (3) To make, print, or publish, or cause to be made, 14 printed, or published any notice, statement or 15 advertisement, with respect to the sale or rental of a 16 dwelling that indicates any preference, limitation, or 17 discrimination because of race, color, religion, national 18 origin, ancestry, sex, sexual orientation, gender identity, 19 disability, veteran status, or familial status, or an 20 intention to make any such preference, limitation, or 21 discrimination; 22 SB 1218 11 (4) To represent to any person because of race, color, 23 religion, national origin, ancestry, sex, sexual 24 orientation, gender identity, disability, veteran status, or 25 familial status that any dwelling is not available for 26 inspection, sale, or rental when such dwelling is in fact so 27 available; 28 (5) To induce or attempt to induce any person to sell 29 or rent any dwelling by representations regarding the entry 30 or prospective entry into the neighborhood of a person or 31 persons because of a particular race, color, religion, 32 national origin, ancestry, sex, sexual orientation, gender 33 identity, disability, veteran status, or familial status; 34 (6) To discriminate in the sale or rental of, or to 35 otherwise make unavailable or deny, a dwelling to any buyer 36 or renter because of a disability of: 37 (a) That buyer or renter; 38 (b) A person residing in or intending to reside in 39 that dwelling after it is so sold, rented, or made 40 available; or 41 (c) Any person associated with that buyer or renter; 42 (7) To discriminate against any person in the terms, 43 conditions, or privileges of sale or rental of a dwelling, 44 or in the provision of services or facilities in connection 45 with such dwelling, because of a disability of: 46 (a) That person; 47 (b) A person residing in or intending to reside in 48 that dwelling after it is so sold, rented, or made 49 available; or 50 (c) Any person associated with that person. 51 2. For purposes of this section and sections 213.045 52 and 213.050, discrimination includes: 53 SB 1218 12 (1) A refusal to permit, at the expense of the person 54 with the disability, reasonable modifications of existing 55 premises occupied or to be occupied by such person if such 56 modifications may be necessary to afford such person full 57 enjoyment of the premises, except that, in the case of a 58 rental, the landlord may, where it is reasonable to do so, 59 condition permission for a modification on the renter's 60 agreeing to restore the interior of the premises to the 61 condition that existed before the modification, reasonable 62 wear and tear excepted; 63 (2) A refusal to make reasonable accommodations in 64 rules, policies, practices, or services, when such 65 accommodations may be necessary to afford such person equal 66 opportunity to use and enjoy a dwelling; or 67 (3) In connection with the design and construction of 68 covered multifamily dwellings for first occupancy after 69 March 13, 1991, a failure to design and construct those 70 dwellings in such a manner that: 71 (a) The public use and common use portions of such 72 dwellings are readily accessible to and usable by persons 73 with a disability; 74 (b) All the doors designed to allow passage into and 75 within all premises within such dwellings are sufficiently 76 wide to allow passage by persons with a disability in 77 wheelchairs; and 78 (c) All premises within such dwellings contain the 79 following features of adaptive design: 80 a. An accessible route into and through the dwelling; 81 b. Light switches, electrical outlets, thermostats, 82 and other environmental controls in accessible locations; 83 c. Reinforcements in bathroom walls to allow later 84 installation of grab bars; and 85 SB 1218 13 d. Usable kitchens and bathrooms such that an 86 individual in a wheelchair can maneuver about the space. 87 3. As used in subdivision (3) of subsection 2 of this 88 section, the term "covered multifamily dwelling" means: 89 (1) Buildings consisting of four or more units if such 90 buildings have one or more elevators; and 91 (2) Ground floor units in other buildings consisting 92 of four or more units. 93 4. Compliance with the appropriate requirements of the 94 American National Standard for Buildings and Facilities 95 providing accessibility and usability for people with 96 physical disabilities, commonly cited as "ANSI A117.1", 97 suffices to satisfy the requirements of paragraph (a) of 98 subdivision (3) of subsection 2 of this section. 99 5. Where a unit of general local government has 100 incorporated into its laws the requirements set forth in 101 subdivision (3) of subsection 2 of this section, compliance 102 with such laws shall be deemed to satisfy the requirements 103 of that subdivision. Such compliance shall be subject to 104 the following provisions: 105 (1) A unit of general local government may review and 106 approve newly constructed covered multifamily dwellings for 107 the purpose of making determinations as to whether the 108 design and construction requirements of subdivision (3) of 109 subsection 2 of this section are met; 110 (2) The commission shall encourage, but may not 111 require, the units of local government to include in their 112 existing procedures for the review and approval of newly 113 constructed covered multifamily dwellings, determinations as 114 to whether the design and construction of such dwellings are 115 consistent with subdivision (3) of subsection 2 of this 116 section, and shall provide technical assistance to units of 117 SB 1218 14 local government and other persons to implement the 118 requirements of subdivision (3) of subsection 2 of this 119 section; 120 (3) Nothing in this chapter shall be construed to 121 require the commission to review or approve the plans, 122 designs or construction of all covered dwellings, to 123 determine whether the design and construction of such 124 dwellings are consistent with the requirements of 125 subdivision (3) of subsection 2 of this section. 126 6. Nothing in this chapter shall be construed to 127 invalidate or limit any law of the state or political 128 subdivision of the state, or other jurisdiction in which 129 this chapter shall be effective, that requires dwellings to 130 be designed and constructed in a manner that affords persons 131 with disabilities greater access than is required by this 132 chapter. 133 7. Nothing in this section and sections 213.045 and 134 213.050 requires that a dwelling be made available to an 135 individual whose tenancy would constitute a direct threat to 136 the health or safety of other individuals or whose tenancy 137 would result in substantial physical damage to the property 138 of others. 139 8. Nothing in this section and sections 213.045 and 140 213.050 limits the applicability of any reasonable local or 141 state restriction regarding the maximum number of occupants 142 permitted to occupy a dwelling, nor does any provision in 143 this section and sections 213.045 and 213.050 regarding 144 familial status apply with respect to housing for older 145 persons. 146 9. As used in this section and sections 213.045 and 147 213.050, "housing for older persons" means housing: 148 SB 1218 15 (1) Provided under any state or federal program that 149 the commission determines is specifically designed and 150 operated to assist elderly persons, as defined in the state 151 or federal program; 152 (2) Intended for, and solely occupied by, persons 153 sixty-two years of age or older; or 154 (3) Intended and operated for occupancy by at least 155 one person fifty-five years of age or older per unit. In 156 determining whether housing qualifies as housing for older 157 persons under this subsection, the commission shall develop 158 regulations which require at least the following factors: 159 (a) The existence of significant facilities and 160 services specifically designed to meet the physical or 161 social needs of older persons, or if the provision of such 162 facilities and services is not practicable, that such 163 housing is necessary to provide important housing 164 opportunities for older persons; and 165 (b) That at least eighty percent of the units are 166 occupied by at least one person fifty-five years of age or 167 older per unit; and 168 (c) The publication of, and adherence to, policies and 169 procedures which demonstrate an intent by the owner or 170 manager to provide housing for persons fifty-five years of 171 age or older. 172 10. Housing shall not fail to meet the requirements 173 for housing for older persons by reason of: 174 (1) Persons residing in such housing as of August 28, 175 1992, who do not meet the age requirements of subdivision 176 (2) or (3) of subsection 9 of this section, provided that 177 new occupants of such housing meet the age requirements of 178 subdivision (2) or (3) of subsection 9 of this section; or 179 SB 1218 16 (2) Unoccupied units, provided that such units are 180 reserved for occupancy by persons who meet the age 181 requirements of subdivision (2) or (3) of subsection 9 of 182 this section. 183 11. Nothing in this section or section 213.045 or 184 213.050 shall prohibit conduct against a person because such 185 person has been convicted by any court of competent 186 jurisdiction of the illegal manufacture or distribution of a 187 controlled substance, as defined by section 195.010. 188 12. Nothing in this chapter shall prohibit a religious 189 organization, association, or society, or any nonprofit 190 institution or organization operated, supervised or 191 controlled by or in conjunction with a religious 192 organization, association, or society, from limiting the 193 sale, rental or occupancy of dwellings which it owns or 194 operates for other than a commercial purpose to persons of 195 the same religion, or from giving preference to such 196 persons, unless membership in such religion is restricted on 197 account of race, color, or national origin. Nor shall 198 anything in this chapter prohibit a private club not in fact 199 open to the public, which as an incident to its primary 200 purpose or purposes provides lodging which it owns or 201 operates for other than a commercial purpose, from limiting 202 the rental or occupancy of such lodging to its members or 203 from giving preference to its members. 204 13. Nothing in this chapter, other than the 205 prohibitions against discriminatory advertising in 206 subdivision (3) of subsection 1 of this section, shall apply 207 to: 208 (1) The sale or rental of any single family house by a 209 private individual owner, provided the following conditions 210 are met: 211 SB 1218 17 (a) The private individual owner does not own or have 212 any interest in more than three single family houses at any 213 one time; and 214 (b) The house is sold or rented without the use of a 215 real estate broker, agent or salesperson or the facilities 216 of any person in the business of selling or renting 217 dwellings and without publication, posting or mailing of any 218 advertisement. If the owner selling the house does not 219 reside in it at the time of the sale or was not the most 220 recent resident of the house prior to such sale, the 221 exemption in this section applies to only one such sale in 222 any twenty-four-month period; or 223 (2) Rooms or units in dwellings containing living 224 quarters occupied or intended to be occupied by no more than 225 four families living independently of each other, if the 226 owner actually maintains and occupies one of such living 227 quarters as his or her residence. 228 213.045. It shall be unlawful for any bank, building 1 and loan association, insurance company or other 2 corporation, association, firm or enterprise whose business 3 consists in whole or in part in the making of commercial 4 real estate loans, to deny a loan or other financial 5 assistance because of race, color, religion, national 6 origin, ancestry, sex, sexual orientation, gender identity, 7 disability, veteran status, or familial status to a person 8 applying therefor for the purpose of purchasing, 9 construction, improving, repairing, or maintaining a 10 dwelling, or to discriminate against [him] such person in 11 fixing of the amount, interest rate, duration or other terms 12 or conditions of such loan or other financial assistance, 13 because of the race, color, religion, national origin, 14 ancestry, sex, sexual orientation, gender identity, 15 SB 1218 18 disability, veteran status, or familial status of such 16 person or of any person associated with [him] such person in 17 connection with such loan or other financial assistance, or 18 of the present or prospective owners, lessees, tenants, or 19 occupants, of the dwellings in relation to which such loan 20 or other financial assistance is to be made or given. 21 213.050. It shall be unlawful to deny any person 1 access to or membership or participation in any multiple 2 listing service, real estate brokers' organization or other 3 service organization, or facility relating to the business 4 of selling or renting dwellings, because of race, color, 5 religion, national origin, ancestry, sex, sexual 6 orientation, gender identity, disability, veteran status, or 7 familial status. 8 213.055. 1. It shall be an unlawful employment 1 practice: 2 (1) For an employer, because of the race, color, 3 religion, national origin, sex, sexual orientation, gender 4 identity, ancestry, age [or], disability, or veteran status 5 of any individual: 6 (a) To fail or refuse to hire or to discharge any 7 individual, or otherwise to discriminate against any 8 individual with respect to [his] such individual's 9 compensation, terms, conditions, or privileges of 10 employment, because of such individual's race, color, 11 religion, national origin, sex, sexual orientation, gender 12 identity, ancestry, age [or], disability, or veteran status; 13 (b) To limit, segregate, or classify [his] employees 14 or [his] employment applicants in any way which would 15 deprive or tend to deprive any individual of employment 16 opportunities or otherwise adversely affect [his] such 17 individual's status as an employee, because of such 18 SB 1218 19 individual's race, color, religion, national origin, sex, 19 sexual orientation, gender identity, ancestry, age [or], 20 disability, or veteran status; 21 (2) For a labor organization to exclude or to expel 22 from its membership any individual or to discriminate in any 23 way against any of its members or against any employer or 24 any individual employed by an employer because of race, 25 color, religion, national origin, sex, sexual orientation, 26 gender identity, ancestry, age [or], disability, or veteran 27 status of any individual; or to limit, segregate, or 28 classify its membership, or to classify or fail or refuse to 29 refer for employment any individual, in any way which would 30 deprive or tend to deprive any individual of employment 31 opportunities, or would limit such employment opportunities 32 or otherwise adversely affect [his] such individual's status 33 as an employee or as an applicant for employment, because of 34 such individual's race, color, religion, national origin, 35 sex, sexual orientation, gender identity, ancestry, age 36 [or], disability, or veteran status; or for any employer, 37 labor organization, or joint labor-management committee 38 controlling apprenticeship or other training or retraining, 39 including on-the-job training programs to discriminate 40 against any individual because of [his] such individual's 41 race, color, religion, national origin, sex, sexual 42 orientation, gender identity, ancestry, age [or], 43 disability, or veteran status in admission to, or employment 44 in, any program established to provide apprenticeship or 45 other training; 46 (3) For any employer or employment agency to print or 47 circulate or cause to be printed or circulated any 48 statement, advertisement or publication, or to use any form 49 of application for employment or to make any inquiry in 50 SB 1218 20 connection with prospective employment, which expresses, 51 directly or indirectly, any limitation, specification, or 52 discrimination, because of race, color, religion, national 53 origin, sex, sexual orientation, gender identity, ancestry, 54 age [or], disability, or veteran status unless based upon a 55 bona fide occupational qualification or for an employment 56 agency to fail or refuse to refer for employment, or 57 otherwise to discriminate against, any individual because of 58 his or her race, color, religion, national origin, sex, 59 sexual orientation, gender identity, ancestry, age, as it 60 relates to employment, [or] disability, or veteran status, 61 or to classify or refer for employment any individual 62 because of [his or her] such individual's race, color, 63 religion, national origin, sex, sexual orientation, gender 64 identity, ancestry, age [or], disability, or veteran status. 65 2. Notwithstanding any other provision of this 66 chapter, it shall not be an unlawful employment practice for 67 an employer to apply different standards of compensation, or 68 different terms, conditions or privileges of employment 69 pursuant to a bona fide seniority or merit system, or a 70 system which measures earnings by quantity or quality of 71 production or to employees who work in different locations, 72 provided that such differences or such systems are not the 73 result of an intention or a design to discriminate, and are 74 not used to discriminate, because of race, color, religion, 75 sex, sexual orientation, gender identity, national origin, 76 ancestry, age [or], disability, or veteran status, nor shall 77 it be an unlawful employment practice for an employer to 78 give and to act upon the results of any professionally 79 developed ability test, provided that such test, its 80 administration, or action upon the results thereof, is not 81 designed, intended or used to discriminate because of race, 82 SB 1218 21 color, religion, national origin, sex, sexual orientation, 83 gender identity, ancestry, age [or], disability, or veteran 84 status. 85 3. Nothing contained in this chapter shall be 86 interpreted to require any employer, employment agency, 87 labor organization, or joint labor-management committee 88 subject to this chapter to grant preferential treatment to 89 any individual or to any group because of the race, color, 90 religion, national origin, sex, sexual orientation, gender 91 identity, ancestry, age [or], disability, or veteran status 92 of such individual or group on account of an imbalance which 93 may exist with respect to the total number or percentage of 94 persons of any race, color, religion, national origin, sex, 95 sexual orientation, gender identity, ancestry, age [or], 96 disability, or veteran status employed by any employer, 97 referred or classified for employment by any employment 98 agency or labor organization, admitted to membership or 99 classified by any labor organization, or admitted to or 100 employed in any apprenticeship or other training program, in 101 comparison with the total number or percentage of persons of 102 such race, color, religion, national origin, sex, sexual 103 orientation, gender identity, ancestry, age [or], 104 disability, or veteran status in any community, state, 105 section, or other area, or in the available workforce in any 106 community, state, section, or other area. 107 4. Notwithstanding any other provision of this 108 chapter, it shall not be an unlawful employment practice for 109 the state or any political subdivision of the state to 110 comply with the provisions of 29 U.S.C. Section 623 relating 111 to employment as firefighters or law enforcement officers. 112 213.065. 1. All persons within the jurisdiction of 1 the state of Missouri are free and equal and shall be 2 SB 1218 22 entitled to the full and equal use and enjoyment within this 3 state of any place of public accommodation, as hereinafter 4 defined, without discrimination or segregation because of 5 race, color, religion, national origin, sex, sexual 6 orientation, gender identity, ancestry, [or] disability, or 7 veteran status. 8 2. It is an unlawful discriminatory practice for any 9 person, directly or indirectly, to refuse, withhold from or 10 deny any other person, or to attempt to refuse, withhold 11 from or deny any other person, any of the accommodations, 12 advantages, facilities, services, or privileges made 13 available in any place of public accommodation, as defined 14 in section 213.010 and this section, or to segregate or 15 discriminate against any such person in the use thereof 16 because of race, color, religion, national origin, sex, 17 sexual orientation, gender identity, ancestry, [or] 18 disability, or veteran status. 19 3. The provisions of this section shall not apply to a 20 private club, a place of accommodation owned by or operated 21 on behalf of a religious corporation, association or 22 society, or other establishment which is not in fact open to 23 the public, unless the facilities of such establishments are 24 made available to the customers or patrons of a place of 25 public accommodation as defined in section 213.010 and this 26 section. 27 213.070. 1. It shall be an unlawful discriminatory 1 practice for an employer, employment agency, labor 2 organization, or place of public accommodation: 3 (1) To aid, abet, incite, compel, or coerce the 4 commission of acts prohibited under this chapter or to 5 attempt to do so; 6 SB 1218 23 (2) To retaliate or discriminate in any manner against 7 any other person because such person has opposed any 8 practice prohibited by this chapter or because such person 9 has filed a complaint, testified, assisted, or participated 10 in any manner in any investigation, proceeding or hearing 11 conducted pursuant to this chapter; 12 (3) For the state or any political subdivision of this 13 state to discriminate on the basis of race, color, religion, 14 national origin, sex, sexual orientation, gender identity, 15 ancestry, age, as it relates to employment, disability, 16 veteran status, or familial status as it relates to housing; 17 or 18 (4) To discriminate in any manner against any other 19 person because of such person's association with any person 20 protected by this chapter. 21 2. This chapter, in addition to chapter 285 and 22 chapter 287, shall provide the exclusive remedy for any and 23 all claims for injury or damages arising out of an 24 employment relationship. 25 213.101. 1. The provisions of this chapter shall be 1 construed to accomplish the purposes thereof and any law 2 inconsistent with any provision of this chapter shall not 3 apply. Nothing contained in this chapter shall be deemed to 4 repeal any of the provisions of any law of this state 5 relating to discrimination because of race, color, religion, 6 national origin, sex, sexual orientation, gender identity, 7 ancestry, age, disability, veteran status, or familial 8 status. 9 2. The general assembly hereby expressly abrogates the 10 case of McBryde v. Ritenour School District, 207 S.W.3d 162 11 (Mo.App. E.D. 2006), and its progeny as it relates to the 12 necessity and appropriateness of the issuance of a business 13 SB 1218 24 judgment instruction. In all civil actions brought under 14 this chapter, a jury shall be given an instruction 15 expressing the business judgment rule. 16 3. If an employer in a case brought under this chapter 17 files a motion pursuant to rule 74.04 of the Missouri rules 18 of civil procedure, the court shall consider the burden- 19 shifting analysis of McDonnell Douglas Corp. v. Green, 411 20 U.S. 792 (1973), and its progeny to be highly persuasive for 21 analysis in cases not involving direct evidence of 22 discrimination. 23 4. The general assembly hereby expressly abrogates by 24 this statute the cases of Daugherty v. City of Maryland 25 Heights, 231 S.W.3d 814 (Mo. 2007) and its progeny as they 26 relate to the contributing factor standard and abandonment 27 of the burden-shifting framework established in McDonnell 28 Douglas Corp. v. Green, 411 U.S. 792 (1973). 29 5. The general assembly hereby expressly abrogates by 30 this statute the holding in Hurst v. Kansas City Mo. School 31 District, 437 S.W.3d 327 (Mo.App. W.D. 2014), that Missouri 32 Approved Instruction 19.01 may be applied to actions brought 33 pursuant to this chapter, and the holding in Thomas v. 34 McKeever's Enterprises, Inc., 388 S.W.3d 206 (Mo.App. W.D. 35 2012), that juries shall not be instructed that plaintiffs 36 bear the burden of establishing "but for" causation in 37 actions brought pursuant to this chapter. 38 6. The general assembly hereby abrogates all Missouri- 39 approved jury instructions specifically addressing civil 40 actions brought under this chapter which were in effect 41 prior to August 28, 2017. 42 ✓