Text of MO SB 962 (2014)

SECOND REGULAR SESSION SENATE BILL NO. 962 97TH GENERAL ASSEMBLY INTRODUCED BY SENATOR JUSTUS. Read 1st time February 27, 2014, and ordered printed. TERRY L. SPIELER, Secretary. 6261S.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 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Section A. Sections 213.010, 213.030, 213.040, 213.045, 213.050, 213.055, 2 213.065, 213.070, and 213.101, RSMo, are repealed and nine new sections enacted 3 in lieu thereof, to be known as sections 213.010, 213.030, 213.040, 213.045, 4 213.050, 213.055, 213.065, 213.070, and 213.101,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) "Commission", the Missouri commission on human rights; 12 (3) "Complainant", a person who has filed a complaint with the 13 commission alleging that another person has engaged in a prohibited 14 discriminatory practice; 15 (4) "Disability", a physical or mental impairment which substantially 16 limits one or more of a person's major life activities, being regarded as having EXPLANATION--Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is intended to be omitted in the law. SB 962 2 17 such an impairment, or a record of having such an impairment, which with or 18 without reasonable accommodation does not interfere with performing the job, 19 utilizing the place of public accommodation, or occupying the dwelling in 20 question. For purposes of this chapter, the term "disability" does not include 21 current, illegal use of or addiction to a controlled substance as such term is 22 defined by section 195.010; however, a person may be considered to have a 23 disability if that person: 24 (a) Has successfully completed a supervised drug rehabilitation program 25 and is no longer engaging in the illegal use of, and is not currently addicted to, 26 a controlled substance or has otherwise been rehabilitated successfully and is no 27 longer engaging in such use and is not currently addicted; 28 (b) Is participating in a supervised rehabilitation program and is no 29 longer engaging in illegal use of controlled substances; or 30 (c) Is erroneously regarded as currently illegally using, or being addicted 31 to, a controlled substance; 32 (5) "Discrimination", any unfair treatment based on race, color, religion, 33 national origin, ancestry, sex, sexual orientation, gender identity, age as it 34 relates to employment, disability, or familial status as it relates to 35 housing. Discrimination includes any unfair treatment based on a 36 person's presumed or assumed race, color, religion, national origin, 37 ancestry, sex, sexual orientation, gender identity, age as it relates to 38 employment, disability, or familial status as it relates to housing, 39 whether or not the presumption or assumption as to such 40 characteristics is correct; 41 (6) "Dwelling", any building, structure or portion thereof which is occupied 42 as, or designed or intended for occupancy as, a residence by one or more families, 43 and any vacant land which is offered for sale or lease for the construction or 44 location thereon of any such building, structure or portion thereof; 45 (7) "Employer" includes the state, or any political or civil subdivision 46 thereof, or any person employing six or more persons within the state, and any 47 person directly acting in the interest of an employer, but does not include 48 corporations and associations owned and operated by religious or sectarian 49 groups; 50 (8) "Employment agency" includes any person or agency, public or private, 51 regularly undertaking with or without compensation to procure employees for an 52 employer or to procure for employees opportunities to work for an employer and SB 962 3 53 includes any person acting in the interest of such a person; 54 (9) "Executive director", the executive director of the Missouri commission 55 on human rights; 56 (10) "Familial status", one or more individuals who have not attained the 57 age of eighteen years being domiciled with: 58 (a) A parent or another person having legal custody of such individual; or 59 (b) The designee of such parent or other person having such custody, with 60 the written permission of such parent or other person. The protections afforded 61 against discrimination on the basis of familial status shall apply to any person 62 who is pregnant or is in the process of securing legal custody of any individual 63 who has not attained the age of eighteen years; 64 (11) "Gender identity", the gender-related identity, appearance, 65 or mannerisms, or other gender-related characteristics of an individual, 66 with or without regard to the individual's designed sex at birth; 67 (12) "Human rights fund", a fund established to receive civil penalties as 68 required by federal regulations and as set forth by subdivision (2) of subsection 69 11 of section 213.075, and which will be disbursed to offset additional expenses 70 related to compliance with the Department of Housing and Urban Development 71 regulations; 72 [(12)] (13) "Labor organization" includes any organization which exists 73 for the purpose, in whole or in part, of collective bargaining or of dealing with 74 employers concerning grievances, terms or conditions of employment, or for other 75 mutual aid or protection in relation to employment; 76 [(13)] (14) "Local commissions", any commission or agency established 77 prior to August 13, 1986, by an ordinance or order adopted by the governing body 78 of any city, constitutional charter city, town, village, or county; 79 [(14)] (15) "Person" includes one or more individuals, corporations, 80 partnerships, associations, organizations, labor organizations, legal 81 representatives, mutual companies, joint stock companies, trusts, trustees, 82 trustees in bankruptcy, receivers, fiduciaries, or other organized groups of 83 persons; 84 [(15)] (16) "Places of public accommodation", all places or businesses 85 offering or holding out to the general public, goods, services, privileges, facilities, 86 advantages or accommodations for the peace, comfort, health, welfare and safety 87 of the general public or such public places providing food, shelter, recreation and 88 amusement, including, but not limited to: SB 962 4 89 (a) Any inn, hotel, motel, or other establishment which provides lodging 90 to transient guests, other than an establishment located within a building which 91 contains not more than five rooms for rent or hire and which is actually occupied 92 by the proprietor of such establishment as [his] the proprietor's residence; 93 (b) Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or 94 other facility principally engaged in selling food for consumption on the premises, 95 including, but not limited to, any such facility located on the premises of any 96 retail establishment; 97 (c) Any gasoline station, including all facilities located on the premises of 98 such gasoline station and made available to the patrons thereof; 99 (d) Any motion picture house, theater, concert hall, sports arena, stadium, 100 or other place of exhibition or entertainment; 101 (e) Any public facility owned, operated, or managed by or on behalf of this 102 state or any agency or subdivision thereof, or any public corporation; and any 103 such facility supported in whole or in part by public funds; 104 (f) Any establishment which is physically located within the premises of 105 any establishment otherwise covered by this section or within the premises of 106 which is physically located any such covered establishment, and which holds itself 107 out as serving patrons of such covered establishment; 108 [(16)] (17) "Rent" includes to lease, to sublease, to let and otherwise to 109 grant for consideration the right to occupy premises not owned by the occupant; 110 [(17)] (18) "Respondent", a person who is alleged to have engaged in a 111 prohibited discriminatory practice in a complaint filed with the commission; 112 [(18)] (19) "Sexual orientation", male or female heterosexuality, 113 homosexuality, or bisexuality by inclination, practice, identity, or 114 expression; 115 (20) "Unlawful discriminatory practice", any act that is unlawful under 116 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; SB 962 5 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 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 SB 962 6 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 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 based on 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 SB 962 7 23 of a person or persons of a particular race, color, religion, national origin, 24 ancestry, sex, disability, or familial status; 25 (6) To discriminate in the sale or rental of, or to otherwise make 26 unavailable or deny, a dwelling to any buyer or renter because of a disability of: 27 (a) That buyer or renter; 28 (b) A person residing in or intending to reside in that dwelling after it is 29 so sold, rented, or made available; or 30 (c) Any person associated with that buyer or renter; 31 (7) To discriminate against any person in the terms, conditions, or 32 privileges of sale or rental of a dwelling, or in the provision of services or 33 facilities in connection with such dwelling, because of a disability of: 34 (a) That person; 35 (b) A person residing in or intending to reside in that dwelling after it is 36 so sold, rented, or made available; or 37 (c) Any person associated with that person. 38 2. For purposes of this section and sections 213.045 and 213.050, 39 discrimination includes: 40 (1) A refusal to permit, at the expense of the person with the disability, 41 reasonable modifications of existing premises occupied or to be occupied by such 42 person if such modifications may be necessary to afford such person full 43 enjoyment of the premises, except that, in the case of a rental, the landlord may, 44 where it is reasonable to do so, condition permission for a modification on the 45 renter's agreeing to restore the interior of the premises to the condition that 46 existed before the modification, reasonable wear and tear excepted; 47 (2) A refusal to make reasonable accommodations in rules, policies, 48 practices, or services, when such accommodations may be necessary to afford such 49 person equal opportunity to use and enjoy a dwelling; or 50 (3) In connection with the design and construction of covered multifamily 51 dwellings for first occupancy after March 13, 1991, a failure to design and 52 construct those dwellings in such a manner that: 53 (a) The public use and common use portions of such dwellings are readily 54 accessible to and usable by persons with a disability; 55 (b) All the doors designed to allow passage into and within all premises 56 within such dwellings are sufficiently wide to allow passage by persons with a 57 disability in wheelchairs; and 58 (c) All premises within such dwellings contain the following features of SB 962 8 59 adaptive design: 60 a. An accessible route into and through the dwelling; 61 b. Light switches, electrical outlets, thermostats, and other environmental 62 controls in accessible locations; 63 c. Reinforcements in bathroom walls to allow later installation of grab 64 bars; and 65 d. Usable kitchens and bathrooms such that an individual in a wheelchair 66 can maneuver about the space. 67 3. As used in subdivision (3) of subsection 2 of this section, the term 68 "covered multifamily dwelling" means: 69 (1) Buildings consisting of four or more units if such buildings have one 70 or more elevators; and 71 (2) Ground floor units in other buildings consisting of four or more units. 72 4. Compliance with the appropriate requirements of the American 73 National Standard for Buildings and Facilities providing accessibility and 74 usability for people with physical disabilities, commonly cited as "ANSI A117.1", 75 suffices to satisfy the requirements of paragraph (a) of subdivision (3) of 76 subsection 2 of this section. 77 5. Where a unit of general local government has incorporated into its laws 78 the requirements set forth in subdivision (3) of subsection 2 of this section, 79 compliance with such laws shall be deemed to satisfy the requirements of that 80 subdivision. Such compliance shall be subject to the following provisions: 81 (1) A unit of general local government may review and approve newly 82 constructed covered multifamily dwellings for the purpose of making 83 determinations as to whether the design and construction requirements of 84 subdivision (3) of subsection 2 of this section are met; 85 (2) The commission shall encourage, but may not require, the units of 86 local government to include in their existing procedures for the review and 87 approval of newly constructed covered multifamily dwellings, determinations as 88 to whether the design and construction of such dwellings are consistent with 89 subdivision (3) of subsection 2 of this section, and shall provide technical 90 assistance to units of local government and other persons to implement the 91 requirements of subdivision (3) of subsection 2 of this section; 92 (3) Nothing in this chapter shall be construed to require the commission 93 to review or approve the plans, designs or construction of all covered dwellings, 94 to determine whether the design and construction of such dwellings are consistent SB 962 9 95 with the requirements of subdivision (3) of subsection 2 of this section. 96 6. Nothing in this chapter shall be construed to invalidate or limit any 97 law of the state or political subdivision of the state, or other jurisdiction in which 98 this chapter shall be effective, that requires dwellings to be designed and 99 constructed in a manner that affords persons with disabilities greater access than 100 is required by this chapter. 101 7. Nothing in this section and sections 213.045 and 213.050 requires that 102 a dwelling be made available to an individual whose tenancy would constitute a 103 direct threat to the health or safety of other individuals or whose tenancy would 104 result in substantial physical damage to the property of others. 105 8. Nothing in this section and sections 213.045 and 213.050 limits the 106 applicability of any reasonable local or state restriction regarding the maximum 107 number of occupants permitted to occupy a dwelling, nor does any provision in 108 this section and sections 213.045 and 213.050 regarding familial status apply 109 with respect to housing for older persons. 110 9. As used in this section and sections 213.045 and 213.050, "housing for 111 older persons" means housing: 112 (1) Provided under any state or federal program that the commission 113 determines is specifically designed and operated to assist elderly persons, as 114 defined in the state or federal program; 115 (2) Intended for, and solely occupied by, persons sixty-two years of age or 116 older; or 117 (3) Intended and operated for occupancy by at least one person fifty-five 118 years of age or older per unit. In determining whether housing qualifies as 119 housing for older persons under this subsection, the commission shall develop 120 regulations which require at least the following factors: 121 (a) The existence of significant facilities and services specifically designed 122 to meet the physical or social needs of older persons, or if the provision of such 123 facilities and services is not practicable, that such housing is necessary to provide 124 important housing opportunities for older persons; and 125 (b) That at least eighty percent of the units are occupied by at least one 126 person fifty-five years of age or older per unit; and 127 (c) The publication of, and adherence to, policies and procedures which 128 demonstrate an intent by the owner or manager to provide housing for persons 129 fifty-five years of age or older. 130 10. Housing shall not fail to meet the requirements for housing for older SB 962 10 131 persons by reason of: 132 (1) Persons residing in such housing as of August 28, 1992, who do not 133 meet the age requirements of subdivision (2) or (3) of subsection 9 of this section, 134 provided that new occupants of such housing meet the age requirements of 135 subdivision (2) or (3) of subsection 9 of this section; or 136 (2) Unoccupied units, provided that such units are reserved for occupancy 137 by persons who meet the age requirements of subdivision (2) or (3) of subsection 138 9 of this section. 139 11. Nothing in this section or section 213.045 or 213.050 shall prohibit 140 conduct against a person because such person has been convicted by any court of 141 competent jurisdiction of the illegal manufacture or distribution of a controlled 142 substance, as defined by section 195.010. 143 12. Nothing in this chapter shall prohibit a religious organization, 144 association, or society, or any nonprofit institution or organization operated, 145 supervised or controlled by or in conjunction with a religious organization, 146 association, or society, from limiting the sale, rental or occupancy of dwellings 147 which it owns or operates for other than a commercial purpose to persons of the 148 same religion, or from giving preference to such persons, unless membership in 149 such religion is restricted on account of race, color, or national origin. Nor shall 150 anything in this chapter prohibit a private club not in fact open to the public, 151 which as an incident to its primary purpose or purposes provides lodging which 152 it owns or operates for other than a commercial purpose, from limiting the rental 153 or occupancy of such lodging to its members or from giving preference to its 154 members. 155 13. Nothing in this chapter, other than the prohibitions against 156 discriminatory advertising in subdivision (3) of subsection 1 of this section, shall 157 apply to: 158 (1) The sale or rental of any single family house by a private individual 159 owner, provided the following conditions are met: 160 (a) The private individual owner does not own or have any interest in 161 more than three single family houses at any one time; and 162 (b) The house is sold or rented without the use of a real estate broker, 163 agent or salesperson or the facilities of any person in the business of selling or 164 renting dwellings and without publication, posting or mailing of any 165 advertisement. If the owner selling the house does not reside in it at the time of 166 the sale or was not the most recent resident of the house prior to such sale, the SB 962 11 167 exemption in this section applies to only one such sale in any twenty-four-month 168 period; or 169 (2) Rooms or units in dwellings containing living quarters occupied or 170 intended to be occupied by no more than four families living independently of 171 each other, if the owner actually maintains and occupies one of such living 172 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] such person in fixing of the amount, interest rate, duration or 9 other terms or conditions of such loan or other financial assistance, because of the 10 race, color, religion, national origin, ancestry, sex, sexual orientation, gender 11 identity, disability, or familial status of such person or of any person associated 12 with [him] such person in connection with such loan or other financial 13 assistance, or of the present or prospective owners, lessees, tenants, or occupants, 14 of the dwellings in relation to which such loan or other financial assistance is to 15 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, on account of race, color, religion, national origin, ancestry, 5 sex, 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 or her compensation, 7 terms, conditions, or privileges of employment, because of such individual's race, 8 color, religion, national origin, sex, sexual orientation, gender identity, 9 ancestry, age or disability; 10 (b) To limit, segregate, or classify [his] such person's employees or [his] SB 962 12 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 person's status as an employee, because of such individual's 14 race, color, religion, national origin, sex, sexual orientation, gender identity, 15 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 individual's status as an employee or as 25 an applicant for employment, because of such individual's race, color, religion, 26 national origin, sex, sexual orientation, gender identity, ancestry, age or 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] such individual's race, color, religion, national 43 origin, sex, sexual orientation, gender identity, ancestry, age as it relates to 44 employment, or disability, or to classify or refer for employment any individual 45 on the basis of his race, color, religion, national origin, sex, sexual orientation, 46 gender identity, ancestry, age or disability. SB 962 13 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 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. 623 relating to employment as 80 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 SB 962 14 3 within this state of any place of public accommodation, as hereinafter defined, 4 without discrimination or segregation on the grounds of race, color, religion, 5 national origin, sex, sexual orientation, gender identity, ancestry, or 6 disability. 7 2. It is an unlawful discriminatory practice for any person, directly or 8 indirectly, to refuse, withhold from or deny any other person, or to attempt to 9 refuse, withhold from or deny any other person, any of the accommodations, 10 advantages, facilities, services, or privileges made available in any place of public 11 accommodation, as defined in section 213.010 and this section, or to segregate or 12 discriminate against any such person in the use thereof on the grounds of race, 13 color, religion, national origin, sex, sexual orientation, gender identity, 14 ancestry, or disability. 15 3. The provisions of this section shall not apply to a private club, a place 16 of accommodation owned by or operated on behalf of a religious corporation, 17 association or society, or other establishment which is not in fact open to the 18 public, unless the facilities of such establishments are made available to the 19 customers or patrons of a place of public accommodation as defined in section 20 213.010 and this section. 213.070. It shall be an unlawful discriminatory practice: 2 (1) To aid, abet, incite, compel, or coerce the commission of acts prohibited 3 under this chapter or to attempt to do so; 4 (2) To retaliate or discriminate in any manner against any other person 5 because such person has opposed any practice prohibited by this chapter or 6 because such person has filed a complaint, testified, assisted, or participated in 7 any manner in any investigation, proceeding or hearing conducted pursuant to 8 this chapter; 9 (3) For the state or any political subdivision of this state to discriminate 10 on the basis of race, color, religion, national origin, sex, sexual orientation, 11 gender identity, ancestry, age, as it relates to employment, disability, or 12 familial status as it relates to housing; or 13 (4) To discriminate in any manner against any other person because of 14 such person's association with any person protected by this chapter. 213.101. The provisions of this chapter shall be construed to accomplish 2 the purposes thereof and any law inconsistent with any provision of this chapter 3 shall not apply. Nothing contained in this chapter shall be deemed to repeal any 4 of the provisions of any law of this state relating to the discrimination because SB 962 15 5 of race, color, religion, national origin, sex, sexual orientation, gender 6 identity, ancestry, age, disability, or familial status. T