Text of MO SB 326 (2025)

FIRST REGULAR SESSION SENATE BILL NO. 326 103RD GENERAL ASSEMBLY INTRODUCED BY SENATOR BROWN (26). 0585S.01I KRISTINA MARTIN, Secretary AN ACT To amend chapter 173, RSMo, by adding thereto one new section relating to prohibiting ideological discrimination in postsecondary education. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Chapter 173, RSMo, is amended by adding thereto 1 one new section, to be known as section 173.2176, to read as 2 follows: 3 173.2176. 1. As used in this section, the following 1 terms mean: 2 (1) "Applicant", an individual or entity that applies 3 to an institution for employment, admission, or as a 4 potential contractor; 5 (2) "Contractor", an individual or entity engaged by 6 an institution for the purpose of providing goods or 7 services to such institution but that is not an employee of 8 such institution; 9 (3) "Discriminatory ideology", an ideology that 10 promotes the differential treatment of any individual or 11 group of individuals based on immutable characteristics of 12 race, color, religion, sex, gender, ethnicity, national 13 origin, or ancestry; 14 (4) "Diversity, equity, and inclusion statement", a 15 written or oral communication relating to the applicant's, 16 employee's, student's, or contractor's: 17 SB 326 2 (a) Race, color, religion, sex, gender, ethnicity, 18 national origin, or ancestry, except when necessary to 19 record required demographic information of such individual; 20 (b) Views on, experience with, or past or planned 21 contributions to efforts involving: 22 a. Diversity, equity, and inclusion; 23 b. Marginalized groups; 24 c. Antiracism; 25 d. Social justice; 26 e. Intersectionality; or 27 f. Related concepts; or 28 (c) Views on or experience with race, color, religion, 29 sex, gender, ethnicity, national origin, ancestry, or other 30 immutable characteristics of students and coworkers; 31 (5) "Employee", an individual employed by an 32 institution; 33 (6) "Entity", a corporation, partnership, limited 34 liability company, business trust, trust, association, other 35 organization, other legal entity, or a protected series or 36 registered series of a domestic limited liability company; 37 (7) "Institution", any public institution of 38 postsecondary education or proprietary school in this state 39 that is subject to the coordinating board for higher 40 education under section 173.005; 41 (8) "Preferential consideration", any act that 42 positively impacts an individual's or entity's admission to, 43 employment with, engagement as a contractor by, or promotion 44 within an institution including, but not limited to: 45 (a) Applications for admissions, aid, assistance, and 46 benefits for which the individual or entity is eligible; and 47 SB 326 3 (b) Employment terms, benefits, seniority status, 48 promotions, transfers, and appointments for which the 49 individual or entity is eligible; 50 (9) "Proprietary school", the same definition as in 51 section 173.600; 52 (10) "Student", an individual enrolled as a student at 53 an institution. 54 2. No institution shall: 55 (1) Compel, require, induce, or solicit any applicant, 56 employee, student, or contractor to endorse any 57 discriminatory ideology; 58 (2) Compel, require, induce, or solicit any applicant, 59 employee, student, or contractor to submit a diversity, 60 equity, and inclusion statement; or 61 (3) Provide preferential consideration to any 62 applicant, employee, student, or contractor on the basis of 63 such individual's or entity's submission of an unsolicited 64 statement relating to a discriminatory ideology. 65 3. No provision of this section shall be construed to: 66 (1) Restrict academic research or coursework; 67 (2) Prevent an institution from requiring an applicant 68 to: 69 (a) Disclose or discuss the content of such 70 applicant's research or artistic creations; 71 (b) Certify compliance with any state and federal 72 antidiscrimination law; or 73 (c) Discuss pedagogical approaches or experience with 74 students with learning disabilities; or 75 (3) Prevent an applicant or candidate from providing, 76 on such applicant's or candidate's own initiative and under 77 no specific requirement or request from the institution, any 78 information described in subsection 2 or 3 of this section. 79 SB 326 4 4. (1) An applicant, employee, student, or contractor 80 who is compelled, required, induced, or solicited to endorse 81 a discriminatory ideology or submit a diversity, equity, and 82 inclusion statement or who is adversely affected by an 83 institution's preferential consideration of another for such 84 individual's or entity's unsolicited statement relating to a 85 discriminatory ideology in violation of subsection 2 or 3 of 86 this section may pursue an action for injunctive or 87 declaratory relief against such institution. 88 (2) An injunction granted under this subsection in 89 favor of an applicant, employee, student, or contractor 90 against an institution because of a violation of subsection 91 2 or 3 of this section may include an order requiring the 92 institution to: 93 (a) Admit the applicant for enrollment as a student; 94 (b) Reenroll a student who was suspended or expelled; 95 (c) Hire an individual for the position for which such 96 individual's employment application was rejected; 97 (d) Rehire in the same or equal position an employee 98 who was dispossessed of such employee's job; 99 (e) Promote an employee who was denied a promotion; or 100 (f) Provide tenure to an employee who was denied 101 tenure. 102 (3) All claims of sovereign or governmental immunity 103 for an institution relating to claims filed under this 104 subsection against such institution are hereby waived. 105 (4) Notwithstanding any other provision of law to the 106 contrary, an individual or entity may commence an action 107 under this subsection and relief may be granted regardless 108 of whether such individual or entity seeks or exhausts other 109 available administrative or legal remedies. 110 SB 326 5 (5) The court may award reasonable attorney's fees and 111 court costs to the prevailing party. 112 5. (1) Any employee, whether tenured, employed at- 113 will, or working under a contract, who violates this 114 subsection shall be disciplined by the employee's employer 115 for the reasons and in the manner provided under 116 subdivisions (2) and (3) of this subsection. 117 (2) An employer shall discipline an employee described 118 in subdivision (1) of this subsection as provided in 119 subdivision (3) of this subsection if such employee is found 120 to have: 121 (a) Compelled, required, or induced an applicant, 122 employee, student, or contractor to endorse a discriminatory 123 ideology or provide a diversity, equity, and inclusion 124 statement; or 125 (b) Provided preferential consideration to an 126 applicant, employee, student, or contractor on the basis of 127 such individual's or entity's submission of an unsolicited 128 statement relating to a discriminatory ideology. 129 (3) (a) Upon a first finding that an employee has 130 engaged in conduct described in subdivision (2) of this 131 subsection, such employee shall be placed on unpaid leave 132 for the next academic year and shall be ineligible for 133 employment at any other institution in this state during 134 such unpaid leave. 135 (b) Upon a second or subsequent finding that such 136 employee has engaged in conduct described in subdivision (2) 137 of this subsection, such employee shall be terminated from 138 employment and shall be ineligible for employment at any 139 institution in this state for at least five years after the 140 date of the second or subsequent finding. 141 SB 326 6 6. Each institution's office of general counsel or 142 substantially equivalent office shall annually submit a 143 written report on compliance with this section to the 144 speaker of the house of representatives and senate president 145 pro tempore. 146 