Text of MO SB 76 (2025)

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is intended to be omitted in the law. FIRST REGULAR SESSION SENATE BILL NO. 76 103RD GENERAL ASSEMBLY INTRODUCED BY SENATOR SCHNELTING. 0918S.01I KRISTINA MARTIN, Secretary AN ACT To repeal section 213.010, RSMo, and to enact in lieu thereof one new section relating to prohibited discriminatory practices. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Section 213.010, RSMo, is repealed and one new 1 section enacted in lieu thereof, to be known as section 213.010, 2 to read as follows: 3 213.010. 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 (2) "Because" or "because of", as it relates to the 15 adverse decision or action, the protected criterion was the 16 motivating factor; 17 SB 76 2 (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 (6) "Discrimination", conduct proscribed herein, taken 46 because of race, color, religion, national origin, ancestry, 47 sex, or age as it relates to employment, disability, or 48 familial status as it relates to housing; 49 SB 76 3 (7) "Dwelling", any building, structure or portion 50 thereof which is occupied as, or designed or intended for 51 occupancy as, a residence by one or more families, and any 52 vacant land which is offered for sale or lease for the 53 construction or location thereon of any such building, 54 structure or portion thereof; 55 (8) "Employer", a person engaged in an industry 56 affecting commerce who has six or more employees for each 57 working day in each of twenty or more calendar weeks in the 58 current or preceding calendar year, and shall include the 59 state, or any political or civil subdivision thereof, or any 60 person employing six or more persons within the state but 61 does not include corporations and associations owned or 62 operated by religious or sectarian organizations. 63 "Employer" shall not include: 64 (a) The United States; 65 (b) A corporation wholly owned by the government of 66 the United States; 67 (c) An individual employed by an employer; 68 (d) An Indian tribe; 69 (e) Any department or agency of the District of 70 Columbia subject by statute to procedures of the competitive 71 service, as defined in 5 U.S.C. Section 2101; or 72 (f) A bona fide private membership club, other than a 73 labor organization, that is exempt from taxation under 26 74 U.S.C. Section 501(c); 75 (9) "Employment agency" includes any person or agency, 76 public or private, regularly undertaking with or without 77 compensation to procure employees for an employer or to 78 procure for employees opportunities to work for an employer; 79 (10) "Executive director", the executive director of 80 the Missouri commission on human rights; 81 SB 76 4 (11) "Familial status", one or more individuals who 82 have not attained the age of eighteen years being domiciled 83 with: 84 (a) A parent or another person having legal custody of 85 such individual; or 86 (b) The designee of such parent or other person having 87 such custody, with the written permission of such parent or 88 other person. The protections afforded against 89 discrimination because of familial status shall apply to any 90 person who is pregnant or is in the process of securing 91 legal custody of any individual who has not attained the age 92 of eighteen years; 93 (12) "Human rights fund", a fund established to 94 receive civil penalties as required by federal regulations 95 and as set forth by subdivision (2) of subsection 11 of 96 section 213.075, and which will be disbursed to offset 97 additional expenses related to compliance with the 98 Department of Housing and Urban Development regulations; 99 (13) "Labor organization" includes any organization 100 which exists for the purpose, in whole or in part, of 101 collective bargaining or of dealing with employers 102 concerning grievances, terms or conditions of employment, or 103 for other mutual aid or protection in relation to employment; 104 (14) "Local commissions", any commission or agency 105 established prior to August 13, 1986, by an ordinance or 106 order adopted by the governing body of any city, 107 constitutional charter city, town, village, or county; 108 (15) "Person" includes one or more individuals, 109 corporations, partnerships, associations, organizations, 110 labor organizations, legal representatives, mutual 111 companies, joint stock companies, trusts, trustees, trustees 112 SB 76 5 in bankruptcy, receivers, fiduciaries, or other organized 113 groups of persons; 114 (16) "Places of public accommodation", all places or 115 businesses offering or holding out to the general public, 116 goods, services, privileges, facilities, advantages or 117 accommodations for the peace, comfort, health, welfare and 118 safety of the general public or such public places providing 119 food, shelter, recreation and amusement, including, but not 120 limited to: 121 (a) Any inn, hotel, motel, or other establishment 122 which provides lodging to transient guests, other than an 123 establishment located within a building which contains not 124 more than five rooms for rent or hire and which is actually 125 occupied by the proprietor of such establishment as his 126 residence; 127 (b) Any restaurant, cafeteria, lunchroom, lunch 128 counter, soda fountain, or other facility principally 129 engaged in selling food for consumption on the premises, 130 including, but not limited to, any such facility located on 131 the premises of any retail establishment; 132 (c) Any gasoline station, including all facilities 133 located on the premises of such gasoline station and made 134 available to the patrons thereof; 135 (d) Any motion picture house, theater, concert hall, 136 sports arena, stadium, or other place of exhibition or 137 entertainment; 138 (e) Any public facility owned, operated, or managed by 139 or on behalf of this state or any agency or subdivision 140 thereof, or any public corporation; and any such facility 141 supported in whole or in part by public funds; 142 (f) Any establishment which is physically located 143 within the premises of any establishment otherwise covered 144 SB 76 6 by this section or within the premises of which is 145 physically located any such covered establishment, and which 146 holds itself out as serving patrons of such covered 147 establishment; 148 (17) "Rent" includes to lease, to sublease, to let and 149 otherwise to grant for consideration the right to occupy 150 premises not owned by the occupant; 151 (18) "Respondent", a person who is alleged to have 152 engaged in a prohibited discriminatory practice in a 153 complaint filed with the commission; 154 (19) "Sex", the two categories of humans, male and 155 female, into which individuals are divided based on an 156 individual's reproductive biology at birth and the 157 individual's genome. The term "sex" shall not be construed 158 to include sexual orientation or gender identity; 159 (20) "The motivating factor", the employee's protected 160 classification actually played a role in the adverse action 161 or decision and had a determinative influence on the adverse 162 decision or action; 163 [(20)] (21) "Unlawful discriminatory practice", any 164 act that is unlawful under this chapter. 165 