Text of MO SB 172 (2019)

FIRST REGULAR SESSION SENATE BILL NO. 172 100TH GENERAL ASSEMBLY INTRODUCED BY SENATOR SCHUPP. Pre-filed December 12, 2018, and ordered printed. ADRIANE D. CROUSE, Secretary. 0116S.01I 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 based on sexual orientation or gender identity. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Sections 213.010, 213.030, 213.040, 213.045, 213.050, 213.055, 2 213.065, 213.070, and 213.101, RSMo, are repealed and nine new sections enacted 3 in lieu thereof, to be known as sections 213.010, 213.030, 213.040, 213.045, 4 213.050, 213.055, 213.065, 213.070, and 213.101, to read as follows: 213.010. As used in this chapter, the following terms shall mean: 2 (1) "Age", an age of forty or more years but less than seventy years, except 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 EXPLANATION--Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is intended to be omitted in the law. SB 172 2 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 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, [or] sexual orientation, gender 36 identity, age as it relates to employment, disability, or familial status as it 37 relates to housing. Discrimination includes any unfair treatment based 38 on a person's presumed or assumed race, color, religion, national 39 origin, ancestry, sex, sexual orientation, gender identity, age as it 40 relates to employment, disability, or familial status as it relates to 41 housing, regardless of whether or not the presumption or assumption 42 as to such characteristic is correct; 43 (7) "Dwelling", any building, structure or portion thereof which is occupied 44 as, or designed or intended for occupancy as, a residence by one or more families, 45 and any vacant land which is offered for sale or lease for the construction or 46 location thereon of any such building, structure or portion thereof; 47 (8) "Employer", a person engaged in an industry affecting commerce who 48 has six or more employees for each working day in each of twenty or more 49 calendar weeks in the current or preceding calendar year, and shall include the 50 state, or any political or civil subdivision thereof, or any person employing six or 51 more persons within the state but does not include corporations and associations SB 172 3 52 owned or operated by religious or sectarian organizations. "Employer" shall not 53 include: 54 (a) The United States; 55 (b) A corporation wholly owned by the government of the United States; 56 (c) An individual employed by an employer; 57 (d) An Indian tribe; 58 (e) Any department or agency of the District of Columbia subject by 59 statute to procedures of the competitive service, as defined in 5 U.S.C. Section 60 [2101] 2102; or 61 (f) A bona fide private membership club, other than a labor organization, 62 that is exempt from taxation under 26 U.S.C. Section 501(c); 63 (9) "Employment agency" includes any person or agency, public or private, 64 regularly undertaking with or without compensation to procure employees for an 65 employer or to procure for employees opportunities to work for an employer; 66 (10) "Executive director", the executive director of the Missouri 67 commission on human rights; 68 (11) "Familial status", one or more individuals who have not attained the 69 age of eighteen years being domiciled with: 70 (a) A parent or another person having legal custody of such individual; or 71 (b) The designee of such parent or other person having such custody, with 72 the written permission of such parent or other person. The protections afforded 73 against discrimination because of familial status shall apply to any person who 74 is pregnant or is in the process of securing legal custody of any individual who 75 has not attained the age of eighteen years; 76 (12) "Gender identity", the gender-related identity, appearance, 77 mannerisms, or other gender-related characteristics of an individual, 78 with or without regard to the individual's assigned sex at birth; 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; SB 172 4 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: 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) "Rent" includes to lease, to sublease, to let and otherwise to 121 grant for consideration the right to occupy premises not owned by the occupant; 122 [(18)] (19) "Respondent", a person who is alleged to have engaged in a 123 prohibited discriminatory practice in a complaint filed with the commission; SB 172 5 124 (20) "Sexual orientation", one's actual or perceived emotional or 125 physical attraction to, or romantic or physical relationships with, 126 members of the same gender, members of a different gender, or 127 members of any gender; or the lack of any emotional or physical 128 attraction to, or romantic or physical relationships with, anyone. The 129 term "sexual orientation" includes a history of such attraction or 130 relationship or a history of no such attraction or relationship; 131 [(19)] (21) "The motivating factor", the employee's protected classification 132 actually played a role in the adverse action or decision and had a determinative 133 influence on the adverse decision or action; 134 [(20)] (22) "Unlawful discriminatory practice", any act that is unlawful 135 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 SB 172 6 25 because of race, color, religion, national origin, ancestry, sex, sexual 26 orientation, gender identity, age as it relates to employment, disability, or 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 SB 172 7 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, 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. SB 172 8 39 2. For purposes of this section and sections 213.045 and 213.050, 40 discrimination includes: 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 SB 172 9 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 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. SB 172 10 111 9. As used in this section and sections 213.045 and 213.050, "housing for 112 older persons" means housing: 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. Nothing in this chapter shall prohibit a religious organization, 145 association, or society, or any nonprofit institution or organization operated, 146 supervised or controlled by or in conjunction with a religious organization, SB 172 11 147 association, or society, from limiting the sale, rental or occupancy of dwellings 148 which it owns or operates for other than a commercial purpose to persons of the 149 same religion, or from giving preference to such persons, unless membership in 150 such religion is restricted on account of race, color, or national origin. Nor shall 151 anything in this chapter prohibit a private club not in fact open to the public, 152 which as an incident to its primary purpose or purposes provides lodging which 153 it owns or operates for other than a commercial purpose, from limiting the rental 154 or occupancy of such lodging to its members or from giving preference to its 155 members. 156 13. Nothing in this chapter, other than the prohibitions against 157 discriminatory advertising in subdivision (3) of subsection 1 of this section, shall 158 apply to: 159 (1) The sale or rental of any single family house by a private individual 160 owner, provided the following conditions are met: 161 (a) The private individual owner does not own or have any interest in 162 more than three single family houses at any one time; and 163 (b) The house is sold or rented without the use of a real estate broker, 164 agent or salesperson or the facilities of any person in the business of selling or 165 renting dwellings and without publication, posting or mailing of any 166 advertisement. If the owner selling the house does not reside in it at the time of 167 the sale or was not the most recent resident of the house prior to such sale, the 168 exemption in this section applies to only one such sale in any twenty-four-month 169 period; or 170 (2) Rooms or units in dwellings containing living quarters occupied or 171 intended to be occupied by no more than four families living independently of 172 each other, if the owner actually maintains and occupies one of such living 173 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 in fixing of the amount, interest rate, duration or other terms or 9 conditions of such loan or other financial assistance, because of the race, color, SB 172 12 10 religion, national origin, ancestry, sex, sexual orientation, gender identity, 11 disability, or familial status of such person or of any person associated with [him] 12 such person in connection with such loan or other financial assistance, or of the 13 present or prospective owners, lessees, tenants, or occupants, of the dwellings in 14 relation to which such loan or other financial assistance is to be made or given. 213.050. It shall be unlawful to deny any person access to or membership 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] such individual's 7 compensation, terms, conditions, or privileges of employment, because of such 8 individual's race, color, religion, national origin, sex, sexual orientation, 9 gender identity, 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 individual's status as an employee, because of such 14 individual's race, color, religion, national origin, sex, sexual orientation, 15 gender identity, 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 SB 172 13 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 individual'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 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 SB 172 14 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. 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 or 11 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 a private club, a place 15 of accommodation owned by or operated on behalf of a religious corporation, 16 association or society, or other establishment which is not in fact open to the 17 public, unless the facilities of such establishments are made available to the 18 customers or patrons of a place of public accommodation as defined in section SB 172 15 19 213.010 and this section. 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 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. SB 172 16 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. T