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MO HB1488
Bill
Status
1/6/2010
Primary Sponsor
Timothy Jones
Click for details
AI Summary
HB 1488 Summary
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Modifies the definition of "because of" or "because" for age discrimination in employment to require proving the decision would not have occurred "but for" the employee's age, establishing a stricter causation standard than for other protected classes.
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Establishes Missouri courts shall rely heavily on federal judicial interpretations of Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and the Americans with Disabilities Act when interpreting employment discrimination cases.
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Abrogates several Missouri court precedents regarding the "contributing factor" standard and requires courts to apply the McDonnell Douglas burden-shifting framework and Prince Waterhouse mixed-motive framework for discrimination cases.
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Caps compensatory and punitive damages in employment discrimination cases based on employer size, ranging from $50,000 for employers with 6-100 employees to $300,000 for employers with over 500 employees; excludes back pay from damage caps.
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Makes Chapter 213 (Missouri Human Rights Act) and Chapter 287 (whistleblower protections) the exclusive remedies for unlawful employment practices, abrogating common law causes of action not specifically articulated in these statutes.
Legislative Description
Changes the laws regarding unlawful discriminatory practices in employment as they relate to the Missouri Human Rights Law and the Workers' Compensation Law
Last Action
Refer: Spec Stand Com on Workforce Dev & Workplace Safety(H)
2/11/2010