Text of MO SB 988 (2020)

SECOND REGULAR SESSION SENATE BILL NO. 988 100TH GENERAL ASSEMBLY INTRODUCED BY SENATOR EMERY. Read 1st time February 10, 2020, and ordered printed. ADRIANE D. CROUSE, Secretary. 4186S.01I AN ACT To repeal section 213.010, RSMo, and to enact in lieu thereof one new section for the sole purpose of defining sex as gender determined by genotype under the Missouri human rights act. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Section 213.010, RSMo, is repealed and one new section 2 enacted in lieu thereof, to be known as section 213.010, to read as follows: 213.010. As used in this chapter, the following terms shall mean: 2 (1) "Age", an age of forty or more years but less than seventy years, except 3 that it shall not be an unlawful employment practice for an employer to require 4 the compulsory retirement of any person who has attained the age of sixty-five 5 and who, for the two-year period immediately before retirement, is employed in 6 a bona fide executive or high policy-making position, if such person is entitled to 7 an immediate nonforfeitable annual retirement benefit from a pension, profit 8 sharing, savings or deferred compensation plan, or any combination of such plans, 9 of the employer, which equals, in the aggregate, at least forty-four thousand 10 dollars; 11 (2) "Because" or "because of", as it relates to the adverse decision or 12 action, the protected criterion was the motivating factor; 13 (3) "Commission", the Missouri commission on human rights; 14 (4) "Complainant", a person who has filed a complaint with the 15 commission alleging that another person has engaged in a prohibited 16 discriminatory practice; 17 (5) "Disability", a physical or mental impairment which substantially 18 limits one or more of a person's major life activities, being regarded as having EXPLANATION--Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is intended to be omitted in the law. SB 988 2 19 such an impairment, or a record of having such an impairment, which with or 20 without reasonable accommodation does not interfere with performing the job, 21 utilizing the place of public accommodation, or occupying the dwelling in 22 question. For purposes of this chapter, the term "disability" does not include 23 current, illegal use of or addiction to a controlled substance as such term is 24 defined by section 195.010; however, a person may be considered to have a 25 disability if that person: 26 (a) Has successfully completed a supervised drug rehabilitation program 27 and is no longer engaging in the illegal use of, and is not currently addicted to, 28 a controlled substance or has otherwise been rehabilitated successfully and is no 29 longer engaging in such use and is not currently addicted; 30 (b) Is participating in a supervised rehabilitation program and is no 31 longer engaging in illegal use of controlled substances; or 32 (c) Is erroneously regarded as currently illegally using, or being addicted 33 to, a controlled substance; 34 (6) "Discrimination", conduct proscribed herein, taken because of race, 35 color, religion, national origin, ancestry, sex, or age as it relates to employment, 36 disability, or familial status as it relates to housing; 37 (7) "Dwelling", any building, structure or portion thereof which is occupied 38 as, or designed or intended for occupancy as, a residence by one or more families, 39 and any vacant land which is offered for sale or lease for the construction or 40 location thereon of any such building, structure or portion thereof; 41 (8) "Employer", a person engaged in an industry affecting commerce who 42 has six or more employees for each working day in each of twenty or more 43 calendar weeks in the current or preceding calendar year, and shall include the 44 state, or any political or civil subdivision thereof, or any person employing six or 45 more persons within the state but does not include corporations and associations 46 owned or operated by religious or sectarian organizations. "Employer" shall not 47 include: 48 (a) The United States; 49 (b) A corporation wholly owned by the government of the United States; 50 (c) An individual employed by an employer; 51 (d) An Indian tribe; 52 (e) Any department or agency of the District of Columbia subject by 53 statute to procedures of the competitive service, as defined in 5 U.S.C. Section 54 2101; or SB 988 3 55 (f) A bona fide private membership club, other than a labor organization, 56 that is exempt from taxation under 26 U.S.C. Section 501(c); 57 (9) "Employment agency" includes any person or agency, public or private, 58 regularly undertaking with or without compensation to procure employees for an 59 employer or to procure for employees opportunities to work for an employer; 60 (10) "Executive director", the executive director of the Missouri 61 commission on human rights; 62 (11) "Familial status", one or more individuals who have not attained the 63 age of eighteen years being domiciled with: 64 (a) A parent or another person having legal custody of such individual; or 65 (b) The designee of such parent or other person having such custody, with 66 the written permission of such parent or other person. The protections afforded 67 against discrimination because of familial status shall apply to any person who 68 is pregnant or is in the process of securing legal custody of any individual who 69 has not attained the age of eighteen years; 70 (12) "Human rights fund", a fund established to receive civil penalties as 71 required by federal regulations and as set forth by subdivision (2) of subsection 72 11 of section 213.075, and which will be disbursed to offset additional expenses 73 related to compliance with the Department of Housing and Urban Development 74 regulations; 75 (13) "Labor organization" includes any organization which exists for the 76 purpose, in whole or in part, of collective bargaining or of dealing with employers 77 concerning grievances, terms or conditions of employment, or for other mutual aid 78 or protection in relation to employment; 79 (14) "Local commissions", any commission or agency established prior to 80 August 13, 1986, by an ordinance or order adopted by the governing body of any 81 city, constitutional charter city, town, village, or county; 82 (15) "Person" includes one or more individuals, corporations, partnerships, 83 associations, organizations, labor organizations, legal representatives, mutual 84 companies, joint stock companies, trusts, trustees, trustees in bankruptcy, 85 receivers, fiduciaries, or other organized groups of persons; 86 (16) "Places of public accommodation", all places or businesses offering or 87 holding out to the general public, goods, services, privileges, facilities, advantages 88 or accommodations for the peace, comfort, health, welfare and safety of the 89 general public or such public places providing food, shelter, recreation and 90 amusement, including, but not limited to: SB 988 4 91 (a) Any inn, hotel, motel, or other establishment which provides lodging 92 to transient guests, other than an establishment located within a building which 93 contains not more than five rooms for rent or hire and which is actually occupied 94 by the proprietor of such establishment as his residence; 95 (b) Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or 96 other facility principally engaged in selling food for consumption on the premises, 97 including, but not limited to, any such facility located on the premises of any 98 retail establishment; 99 (c) Any gasoline station, including all facilities located on the premises of 100 such gasoline station and made available to the patrons thereof; 101 (d) Any motion picture house, theater, concert hall, sports arena, stadium, 102 or other place of exhibition or entertainment; 103 (e) Any public facility owned, operated, or managed by or on behalf of this 104 state or any agency or subdivision thereof, or any public corporation; and any 105 such facility supported in whole or in part by public funds; 106 (f) Any establishment which is physically located within the premises of 107 any establishment otherwise covered by this section or within the premises of 108 which is physically located any such covered establishment, and which holds itself 109 out as serving patrons of such covered establishment; 110 (17) "Rent" includes to lease, to sublease, to let and otherwise to grant for 111 consideration the right to occupy premises not owned by the occupant; 112 (18) "Respondent", a person who is alleged to have engaged in a prohibited 113 discriminatory practice in a complaint filed with the commission; 114 (19) "Sex", gender, as determined by genotype, the presence of a 115 'Y' chromosome indicating male gender and the absence of 'Y' 116 chromosome indicating female gender; 117 (20) "The motivating factor", the employee's protected classification 118 actually played a role in the adverse action or decision and had a determinative 119 influence on the adverse decision or action; 120 [(20)] (21) "Unlawful discriminatory practice", any act that is unlawful 121 under this chapter. 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