Text of MO SB 711 (2022)

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. 711 101ST GENERAL ASSEMBLY INTRODUCED BY SENATOR RAZER. 3337S.01I ADRIANE D. CROUSE, 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 discrimination 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Section A. Sections 213.010, 213.030, 213.040, 213.045, 1 213.050, 213.055, 213.065, 213.070, and 213.101, RSMo, are 2 repealed and nine new sections enacted in lieu thereof, to be 3 known as sections 213.010, 213.030, 213.040, 213.045, 213.050, 4 213.055, 213.065, 213.070, and 213.101,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) "Age", an age of forty or more years but less than 3 seventy years, except that it shall not be an unlawful 4 employment practice for an employer to require the 5 compulsory retirement of any person who has attained the age 6 of sixty-five and who, for the two-year period immediately 7 before retirement, is employed in a bona fide executive or 8 high policy-making position, if such person is entitled to 9 an immediate nonforfeitable annual retirement benefit from a 10 pension, profit sharing, savings or deferred compensation 11 plan, or any combination of such plans, of the employer, 12 which equals, in the aggregate, at least forty-four thousand 13 dollars; 14 SB 711 2 (2) "Because" or "because of", as it relates to the 15 adverse decision or action, the protected criterion was the 16 motivating factor; 17 (3) "Commission", the Missouri commission on human 18 rights; 19 (4) "Complainant", a person who has filed a complaint 20 with the commission alleging that another person has engaged 21 in a prohibited discriminatory practice; 22 (5) "Disability", a physical or mental impairment 23 which substantially limits one or more of a person's major 24 life activities, being regarded as having such an 25 impairment, or a record of having such an impairment, which 26 with or without reasonable accommodation does not interfere 27 with performing the job, utilizing the place of public 28 accommodation, or occupying the dwelling in question. For 29 purposes of this chapter, the term "disability" does not 30 include current, illegal use of or addiction to a controlled 31 substance as such term is defined by section 195.010; 32 however, a person may be considered to have a disability if 33 that person: 34 (a) Has successfully completed a supervised drug 35 rehabilitation program and is no longer engaging in the 36 illegal use of, and is not currently addicted to, a 37 controlled substance or has otherwise been rehabilitated 38 successfully and is no longer engaging in such use and is 39 not currently addicted; 40 (b) Is participating in a supervised rehabilitation 41 program and is no longer engaging in illegal use of 42 controlled substances; or 43 (c) Is erroneously regarded as currently illegally 44 using, or being addicted to, a controlled substance; 45 SB 711 3 (6) "Discrimination", conduct proscribed herein, taken 46 because of race, color, religion, national origin, ancestry, 47 sex, [or] sexual orientation, gender identity, age, as it 48 relates to employment, disability, or familial status as it 49 relates to housing. Discrimination includes any unfair 50 treatment based on a person’s presumed or assumed race, 51 color, religion, national origin, ancestry, sex, sexual 52 orientation, gender identity, age, as it relates to 53 employment, disability, or familial status as it relates to 54 housing, regardless of whether the presumption or assumption 55 as to such characteristic is correct; 56 (7) "Dwelling", any building, structure or portion 57 thereof which is occupied as, or designed or intended for 58 occupancy as, a residence by one or more families, and any 59 vacant land which is offered for sale or lease for the 60 construction or location thereon of any such building, 61 structure or portion thereof; 62 (8) "Employer", a person engaged in an industry 63 affecting commerce who has six or more employees for each 64 working day in each of twenty or more calendar weeks in the 65 current or preceding calendar year, and shall include the 66 state, or any political or civil subdivision thereof, or any 67 person employing six or more persons within the state but 68 does not include corporations and associations owned or 69 operated by religious or sectarian organizations. 70 "Employer" shall not include: 71 (a) The United States; 72 (b) A corporation wholly owned by the government of 73 the United States; 74 (c) An individual employed by an employer; 75 (d) An Indian tribe; 76 SB 711 4 (e) Any department or agency of the District of 77 Columbia subject by statute to procedures of the competitive 78 service, as defined in 5 U.S.C. Section [2101] 2102; or 79 (f) A bona fide private membership club, other than a 80 labor organization, that is exempt from taxation under 26 81 U.S.C. Section 501(c); 82 (9) "Employment agency" includes any person or agency, 83 public or private, regularly undertaking with or without 84 compensation to procure employees for an employer or to 85 procure for employees opportunities to work for an employer; 86 (10) "Executive director", the executive director of 87 the Missouri commission on human rights; 88 (11) "Familial status", one or more individuals who 89 have not attained the age of eighteen years being domiciled 90 with: 91 (a) A parent or another person having legal custody of 92 such individual; or 93 (b) The designee of such parent or other person having 94 such custody, with the written permission of such parent or 95 other person. The protections afforded against 96 discrimination because of familial status shall apply to any 97 person who is pregnant or is in the process of securing 98 legal custody of any individual who has not attained the age 99 of eighteen years; 100 (12) "Gender identity", the gender-related identity, 101 appearance, mannerisms, or other gender-related 102 characteristics of an individual, with or without regard to 103 the individual's assigned sex at birth; 104 (13) "Human rights fund", a fund established to 105 receive civil penalties as required by federal regulations 106 and as set forth by subdivision (2) of subsection 11 of 107 section 213.075, and which will be disbursed to offset 108 SB 711 5 additional expenses related to compliance with the 109 Department of Housing and Urban Development regulations; 110 [(13)] (14) "Labor organization" includes any 111 organization which exists for the purpose, in whole or in 112 part, of collective bargaining or of dealing with employers 113 concerning grievances, terms or conditions of employment, or 114 for other mutual aid or protection in relation to employment; 115 [(14)] (15) "Local commissions", any commission or 116 agency established prior to August 13, 1986, by an ordinance 117 or order adopted by the governing body of any city, 118 constitutional charter city, town, village, or county; 119 [(15)] (16) "Person" includes one or more individuals, 120 corporations, partnerships, associations, organizations, 121 labor organizations, legal representatives, mutual 122 companies, joint stock companies, trusts, trustees, trustees 123 in bankruptcy, receivers, fiduciaries, or other organized 124 groups of persons; 125 [(16)] (17) "Places of public accommodation", all 126 places or businesses offering or holding out to the general 127 public, goods, services, privileges, facilities, advantages 128 or accommodations for the peace, comfort, health, welfare 129 and safety of the general public or such public places 130 providing food, shelter, recreation and amusement, 131 including, but not limited to: 132 (a) Any inn, hotel, motel, or other establishment 133 which provides lodging to transient guests, other than an 134 establishment located within a building which contains not 135 more than five rooms for rent or hire and which is actually 136 occupied by the proprietor of such establishment as [his] 137 the proprietor's residence; 138 (b) Any restaurant, cafeteria, lunchroom, lunch 139 counter, soda fountain, or other facility principally 140 SB 711 6 engaged in selling food for consumption on the premises, 141 including, but not limited to, any such facility located on 142 the premises of any retail establishment; 143 (c) Any gasoline station, including all facilities 144 located on the premises of such gasoline station and made 145 available to the patrons thereof; 146 (d) Any motion picture house, theater, concert hall, 147 sports arena, stadium, or other place of exhibition or 148 entertainment; 149 (e) Any public facility owned, operated, or managed by 150 or on behalf of this state or any agency or subdivision 151 thereof, or any public corporation; and any such facility 152 supported in whole or in part by public funds; 153 (f) Any establishment which is physically located 154 within the premises of any establishment otherwise covered 155 by this section or within the premises of which is 156 physically located any such covered establishment, and which 157 holds itself out as serving patrons of such covered 158 establishment; 159 [(17)] (18) "Rent" includes to lease, to sublease, to 160 let and otherwise to grant for consideration the right to 161 occupy premises not owned by the occupant; 162 [(18)] (19) "Respondent", a person who is alleged to 163 have engaged in a prohibited discriminatory practice in a 164 complaint filed with the commission; 165 (20) "Sexual orientation", one's actual or perceived 166 emotional or physical attraction to, or romantic or physical 167 relationships with, members of the same gender, members of a 168 different gender, or members of any gender; or the lack of 169 any emotional or physical attraction to, or romantic or 170 physical relationships with, anyone. The term "sexual 171 orientation" includes a history of such attraction or 172 SB 711 7 relationship or a history of no such attraction or 173 relationship; 174 [(19)] (21) "The motivating factor", the employee's 175 protected classification actually played a role in the 176 adverse action or decision and had a determinative influence 177 on the adverse decision or action; 178 [(20)] (22) "Unlawful discriminatory practice", any 179 act that is unlawful under this chapter. 180 213.030. 1. The powers and duties of the commission 1 shall be: 2 (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, or familial status as it relates 6 to housing and to take other actions against discrimination 7 because of race, color, religion, national origin, ancestry, 8 sex, sexual orientation, gender identity, age, disability, 9 or familial status as provided by law; and the commission is 10 hereby given general jurisdiction and power for such 11 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 SB 711 8 (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 religion, national origin, ancestry, sex, sexual 35 orientation, gender identity, age, as it relates to 36 employment, disability, or familial status as it relates to 37 housing and to require the production for examination of any 38 books, papers, records, or other materials relating to any 39 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, or familial status as it relates to 53 housing; 54 SB 711 9 (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 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, 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 SB 711 10 therewith, because of race, color, religion, national 11 origin, ancestry, sex, sexual orientation, gender identity, 12 disability, 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, or familial status, or an intention to make any 20 such preference, limitation, or discrimination; 21 (4) To represent to any person because of race, color, 22 religion, national origin, ancestry, sex, sexual 23 orientation, gender identity, disability, or familial status 24 that any dwelling is not available for inspection, sale, or 25 rental when such dwelling is in fact so available; 26 (5) To induce or attempt to induce any person to sell 27 or rent any dwelling by representations regarding the entry 28 or prospective entry into the neighborhood of a person or 29 persons because of a particular race, color, religion, 30 national origin, ancestry, sex, sexual orientation, gender 31 identity, disability, or familial status; 32 (6) To discriminate in the sale or rental of, or to 33 otherwise make unavailable or deny, a dwelling to any buyer 34 or renter because of a disability of: 35 (a) That buyer or renter; 36 (b) A person residing in or intending to reside in 37 that dwelling after it is so sold, rented, or made 38 available; or 39 (c) Any person associated with that buyer or renter; 40 (7) To discriminate against any person in the terms, 41 conditions, or privileges of sale or rental of a dwelling, 42 SB 711 11 or in the provision of services or facilities in connection 43 with such dwelling, because of a disability of: 44 (a) That person; 45 (b) A person residing in or intending to reside in 46 that dwelling after it is so sold, rented, or made 47 available; or 48 (c) Any person associated with that person. 49 2. For purposes of this section and sections 213.045 50 and 213.050, discrimination includes: 51 (1) A refusal to permit, at the expense of the person 52 with the disability, reasonable modifications of existing 53 premises occupied or to be occupied by such person if such 54 modifications may be necessary to afford such person full 55 enjoyment of the premises, except that, in the case of a 56 rental, the landlord may, where it is reasonable to do so, 57 condition permission for a modification on the renter's 58 agreeing to restore the interior of the premises to the 59 condition that existed before the modification, reasonable 60 wear and tear excepted; 61 (2) A refusal to make reasonable accommodations in 62 rules, policies, practices, or services, when such 63 accommodations may be necessary to afford such person equal 64 opportunity to use and enjoy a dwelling; or 65 (3) In connection with the design and construction of 66 covered multifamily dwellings for first occupancy after 67 March 13, 1991, a failure to design and construct those 68 dwellings in such a manner that: 69 (a) The public use and common use portions of such 70 dwellings are readily accessible to and usable by persons 71 with a disability; 72 (b) All the doors designed to allow passage into and 73 within all premises within such dwellings are sufficiently 74 SB 711 12 wide to allow passage by persons with a disability in 75 wheelchairs; and 76 (c) All premises within such dwellings contain the 77 following features of adaptive design: 78 a. An accessible route into and through the dwelling; 79 b. Light switches, electrical outlets, thermostats, 80 and other environmental controls in accessible locations; 81 c. Reinforcements in bathroom walls to allow later 82 installation of grab bars; and 83 d. Usable kitchens and bathrooms such that an 84 individual in a wheelchair can maneuver about the space. 85 3. As used in subdivision (3) of subsection 2 of this 86 section, the term "covered multifamily dwelling" means: 87 (1) Buildings consisting of four or more units if such 88 buildings have one or more elevators; and 89 (2) Ground floor units in other buildings consisting 90 of four or more units. 91 4. Compliance with the appropriate requirements of the 92 American National Standard for Buildings and Facilities 93 providing accessibility and usability for people with 94 physical disabilities, commonly cited as "ANSI A117.1", 95 suffices to satisfy the requirements of paragraph (a) of 96 subdivision (3) of subsection 2 of this section. 97 5. Where a unit of general local government has 98 incorporated into its laws the requirements set forth in 99 subdivision (3) of subsection 2 of this section, compliance 100 with such laws shall be deemed to satisfy the requirements 101 of that subdivision. Such compliance shall be subject to 102 the following provisions: 103 (1) A unit of general local government may review and 104 approve newly constructed covered multifamily dwellings for 105 the purpose of making determinations as to whether the 106 SB 711 13 design and construction requirements of subdivision (3) of 107 subsection 2 of this section are met; 108 (2) The commission shall encourage, but may not 109 require, the units of local government to include in their 110 existing procedures for the review and approval of newly 111 constructed covered multifamily dwellings, determinations as 112 to whether the design and construction of such dwellings are 113 consistent with subdivision (3) of subsection 2 of this 114 section, and shall provide technical assistance to units of 115 local government and other persons to implement the 116 requirements of subdivision (3) of subsection 2 of this 117 section; 118 (3) Nothing in this chapter shall be construed to 119 require the commission to review or approve the plans, 120 designs or construction of all covered dwellings, to 121 determine whether the design and construction of such 122 dwellings are consistent with the requirements of 123 subdivision (3) of subsection 2 of this section. 124 6. Nothing in this chapter shall be construed to 125 invalidate or limit any law of the state or political 126 subdivision of the state, or other jurisdiction in which 127 this chapter shall be effective, that requires dwellings to 128 be designed and constructed in a manner that affords persons 129 with disabilities greater access than is required by this 130 chapter. 131 7. Nothing in this section and sections 213.045 and 132 213.050 requires that a dwelling be made available to an 133 individual whose tenancy would constitute a direct threat to 134 the health or safety of other individuals or whose tenancy 135 would result in substantial physical damage to the property 136 of others. 137 SB 711 14 8. Nothing in this section and sections 213.045 and 138 213.050 limits the applicability of any reasonable local or 139 state restriction regarding the maximum number of occupants 140 permitted to occupy a dwelling, nor does any provision in 141 this section and sections 213.045 and 213.050 regarding 142 familial status apply with respect to housing for older 143 persons. 144 9. As used in this section and sections 213.045 and 145 213.050, "housing for older persons" means housing: 146 (1) Provided under any state or federal program that 147 the commission determines is specifically designed and 148 operated to assist elderly persons, as defined in the state 149 or federal program; 150 (2) Intended for, and solely occupied by, persons 151 sixty-two years of age or older; or 152 (3) Intended and operated for occupancy by at least 153 one person fifty-five years of age or older per unit. In 154 determining whether housing qualifies as housing for older 155 persons under this subsection, the commission shall develop 156 regulations which require at least the following factors: 157 (a) The existence of significant facilities and 158 services specifically designed to meet the physical or 159 social needs of older persons, or if the provision of such 160 facilities and services is not practicable, that such 161 housing is necessary to provide important housing 162 opportunities for older persons; and 163 (b) That at least eighty percent of the units are 164 occupied by at least one person fifty-five years of age or 165 older per unit; and 166 (c) The publication of, and adherence to, policies and 167 procedures which demonstrate an intent by the owner or 168 SB 711 15 manager to provide housing for persons fifty-five years of 169 age or older. 170 10. Housing shall not fail to meet the requirements 171 for housing for older persons by reason of: 172 (1) Persons residing in such housing as of August 28, 173 1992, who do not meet the age requirements of subdivision 174 (2) or (3) of subsection 9 of this section, provided that 175 new occupants of such housing meet the age requirements of 176 subdivision (2) or (3) of subsection 9 of this section; or 177 (2) Unoccupied units, provided that such units are 178 reserved for occupancy by persons who meet the age 179 requirements of subdivision (2) or (3) of subsection 9 of 180 this section. 181 11. Nothing in this section or section 213.045 or 182 213.050 shall prohibit conduct against a person because such 183 person has been convicted by any court of competent 184 jurisdiction of the illegal manufacture or distribution of a 185 controlled substance, as defined by section 195.010. 186 12. Nothing in this chapter shall prohibit a religious 187 organization, association, or society, or any nonprofit 188 institution or organization operated, supervised or 189 controlled by or in conjunction with a religious 190 organization, association, or society, from limiting the 191 sale, rental or occupancy of dwellings which it owns or 192 operates for other than a commercial purpose to persons of 193 the same religion, or from giving preference to such 194 persons, unless membership in such religion is restricted on 195 account of race, color, or national origin. Nor shall 196 anything in this chapter prohibit a private club not in fact 197 open to the public, which as an incident to its primary 198 purpose or purposes provides lodging which it owns or 199 operates for other than a commercial purpose, from limiting 200 SB 711 16 the rental or occupancy of such lodging to its members or 201 from giving preference to its members. 202 13. Nothing in this chapter, other than the 203 prohibitions against discriminatory advertising in 204 subdivision (3) of subsection 1 of this section, shall apply 205 to: 206 (1) The sale or rental of any single family house by a 207 private individual owner, provided the following conditions 208 are met: 209 (a) The private individual owner does not own or have 210 any interest in more than three single family houses at any 211 one time; and 212 (b) The house is sold or rented without the use of a 213 real estate broker, agent or salesperson or the facilities 214 of any person in the business of selling or renting 215 dwellings and without publication, posting or mailing of any 216 advertisement. If the owner selling the house does not 217 reside in it at the time of the sale or was not the most 218 recent resident of the house prior to such sale, the 219 exemption in this section applies to only one such sale in 220 any twenty-four-month period; or 221 (2) Rooms or units in dwellings containing living 222 quarters occupied or intended to be occupied by no more than 223 four families living independently of each other, if the 224 owner actually maintains and occupies one of such living 225 quarters as his or her residence. 226 213.045. 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 SB 711 17 origin, ancestry, sex, sexual orientation, gender identity, 7 disability, or familial status to a person applying therefor 8 for the purpose of purchasing, construction, improving, 9 repairing, or maintaining a dwelling, or to discriminate 10 against [him] such person in fixing of the amount, interest 11 rate, duration or other terms or conditions of such loan or 12 other financial assistance, because of the race, color, 13 religion, national origin, ancestry, sex, sexual 14 orientation, gender identity, disability, or familial status 15 of such person or of any person associated with [him] such 16 person in connection with such loan or other financial 17 assistance, or of the present or prospective owners, 18 lessees, tenants, or occupants, of the dwellings in relation 19 to which such loan or other financial assistance is to be 20 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, or familial status. 7 213.055. 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 of any individual: 5 (a) To fail or refuse to hire or to discharge any 6 individual, or otherwise to discriminate against any 7 individual with respect to [his] such individual's 8 compensation, terms, conditions, or privileges of 9 employment, because of such individual's race, color, 10 SB 711 18 religion, national origin, sex, sexual orientation, gender 11 identity, ancestry, age, or disability; 12 (b) To limit, segregate, or classify [his] employees 13 or [his] employment applicants in any way which would 14 deprive or tend to deprive any individual of employment 15 opportunities or otherwise adversely affect [his] such 16 individual's status as an employee, because of such 17 individual's race, color, religion, national origin, sex, 18 sexual orientation, gender identity, ancestry, age, or 19 disability; 20 (2) For a labor organization to exclude or to expel 21 from its membership any individual or to discriminate in any 22 way against any of its members or against any employer or 23 any individual employed by an employer because of race, 24 color, religion, national origin, sex, sexual orientation, 25 gender identity, ancestry, age, or disability of any 26 individual; or to limit, segregate, or classify its 27 membership, or to classify or fail or refuse to refer for 28 employment any individual, in any way which would deprive or 29 tend to deprive any individual of employment opportunities, 30 or would limit such employment opportunities or otherwise 31 adversely affect [his] such individual's status as an 32 employee or as an applicant for employment, because of such 33 individual's race, color, religion, national origin, sex, 34 sexual orientation, gender identity, ancestry, age, or 35 disability; or for any employer, labor organization, or 36 joint labor-management committee controlling apprenticeship 37 or other training or retraining, including on-the-job 38 training programs to discriminate against any individual 39 because of [his] such individual's race, color, religion, 40 national origin, sex, sexual orientation, gender identity, 41 ancestry, age, or disability in admission to, or employment 42 SB 711 19 in, any program established to provide apprenticeship or 43 other training; 44 (3) For any employer or employment agency to print or 45 circulate or cause to be printed or circulated any 46 statement, advertisement or publication, or to use any form 47 of application for employment or to make any inquiry in 48 connection with prospective employment, which expresses, 49 directly or indirectly, any limitation, specification, or 50 discrimination, because of race, color, religion, national 51 origin, sex, sexual orientation, gender identity, ancestry, 52 age, or disability unless based upon a bona fide 53 occupational qualification or for an employment agency to 54 fail or refuse to refer for employment, or otherwise to 55 discriminate against, any individual because of his or her 56 race, color, religion, national origin, sex, sexual 57 orientation, gender identity, ancestry, age, as it relates 58 to employment, or disability, or to classify or refer for 59 employment any individual because of [his or her] such 60 individual's race, color, religion, national origin, sex, 61 sexual orientation, gender identity, ancestry, age, or 62 disability. 63 2. Notwithstanding any other provision of this 64 chapter, it shall not be an unlawful employment practice for 65 an employer to apply different standards of compensation, or 66 different terms, conditions or privileges of employment 67 pursuant to a bona fide seniority or merit system, or a 68 system which measures earnings by quantity or quality of 69 production or to employees who work in different locations, 70 provided that such differences or such systems are not the 71 result of an intention or a design to discriminate, and are 72 not used to discriminate, because of race, color, religion, 73 sex, sexual orientation, gender identity, national origin, 74 SB 711 20 ancestry, age, or disability, nor shall it be an unlawful 75 employment practice for an employer to give and to act upon 76 the results of any professionally developed ability test, 77 provided that such test, its administration, or action upon 78 the results thereof, is not designed, intended or used to 79 discriminate because of race, color, religion, national 80 origin, sex, sexual orientation, gender identity, ancestry, 81 age, or disability. 82 3. Nothing contained in this chapter shall be 83 interpreted to require any employer, employment agency, 84 labor organization, or joint labor-management committee 85 subject to this chapter to grant preferential treatment to 86 any individual or to any group because of the race, color, 87 religion, national origin, sex, sexual orientation, gender 88 identity, ancestry, age, or disability of such individual or 89 group on account of an imbalance which may exist with 90 respect to the total number or percentage of persons of any 91 race, color, religion, national origin, sex, sexual 92 orientation, gender identity, ancestry, age, or disability 93 employed by any employer, referred or classified for 94 employment by any employment agency or labor organization, 95 admitted to membership or classified by any labor 96 organization, or admitted to or employed in any 97 apprenticeship or other training program, in comparison with 98 the total number or percentage of persons of such race, 99 color, religion, national origin, sex, sexual orientation, 100 gender identity, ancestry, age, or disability in any 101 community, state, section, or other area, or in the 102 available workforce in any community, state, section, or 103 other area. 104 4. Notwithstanding any other provision of this 105 chapter, it shall not be an unlawful employment practice for 106 SB 711 21 the state or any political subdivision of the state to 107 comply with the provisions of 29 U.S.C. Section 623 relating 108 to employment as firefighters or law enforcement officers. 109 213.065. 1. All persons within the jurisdiction of 1 the state of Missouri are free and equal and shall be 2 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. 7 2. It is an unlawful discriminatory practice for any 8 person, directly or indirectly, to refuse, withhold from or 9 deny any other person, or to attempt to refuse, withhold 10 from or deny any other person, any of the accommodations, 11 advantages, facilities, services, or privileges made 12 available in any place of public accommodation, as defined 13 in section 213.010 and this section, or to segregate or 14 discriminate against any such person in the use thereof 15 because of race, color, religion, national origin, sex, 16 sexual orientation, gender identity, ancestry, or disability. 17 3. The provisions of this section shall not apply to a 18 private club, a place of accommodation owned by or operated 19 on behalf of a religious corporation, association or 20 society, or other establishment which is not in fact open to 21 the public, unless the facilities of such establishments are 22 made available to the customers or patrons of a place of 23 public accommodation as defined in section 213.010 and this 24 section. 25 213.070. 1. It shall be an unlawful discriminatory 1 practice for an employer, employment agency, labor 2 organization, or place of public accommodation: 3 SB 711 22 (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 (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, or 16 familial status as it relates to housing; or 17 (4) To discriminate in any manner against any other 18 person because of such person's association with any person 19 protected by this chapter. 20 2. This chapter, in addition to chapter 285 and 21 chapter 287, shall provide the exclusive remedy for any and 22 all claims for injury or damages arising out of an 23 employment relationship. 24 213.101. 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, or familial status. 8 2. The general assembly hereby expressly abrogates the 9 case of McBryde v. Ritenour School District, 207 S.W.3d 162 10 (Mo.App. E.D. 2006), and its progeny as it relates to the 11 SB 711 23 necessity and appropriateness of the issuance of a business 12 judgment instruction. In all civil actions brought under 13 this chapter, a jury shall be given an instruction 14 expressing the business judgment rule. 15 3. If an employer in a case brought under this chapter 16 files a motion pursuant to rule 74.04 of the Missouri rules 17 of civil procedure, the court shall consider the burden- 18 shifting analysis of McDonnell Douglas Corp. v. Green, 411 19 U.S. 792 (1973), and its progeny to be highly persuasive for 20 analysis in cases not involving direct evidence of 21 discrimination. 22 4. The general assembly hereby expressly abrogates by 23 this statute the cases of Daugherty v. City of Maryland 24 Heights, 231 S.W.3d 814 (Mo. 2007) and its progeny as they 25 relate to the contributing factor standard and abandonment 26 of the burden-shifting framework established in McDonnell 27 Douglas Corp. v. Green, 411 U.S. 792 (1973). 28 5. The general assembly hereby expressly abrogates by 29 this statute the holding in Hurst v. Kansas City Mo. School 30 District, 437 S.W.3d 327 (Mo.App. W.D. 2014), that Missouri 31 Approved Instruction 19.01 may be applied to actions brought 32 pursuant to this chapter, and the holding in Thomas v. 33 McKeever's Enterprises, Inc., 388 S.W.3d 206 (Mo.App. W.D. 34 2012), that juries shall not be instructed that plaintiffs 35 bear the burden of establishing "but for" causation in 36 actions brought pursuant to this chapter. 37 6. The general assembly hereby abrogates all Missouri- 38 approved jury instructions specifically addressing civil 39 actions brought under this chapter which were in effect 40 prior to August 28, 2017. 41 