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MO SB852

Bill

Status

Introduced

1/28/2010

Primary Sponsor

Brad Lager

Click for details

Origin

Senate

2010 Regular Session

AI Summary

  • Redefines "age" discrimination to apply to employees aged 40-70 (previously 40+), with exceptions for compulsory retirement of executives at age 65 with pension benefits of at least $44,000

  • Changes the legal standard for age discrimination from "motivating factor" to "but for" causation, requiring plaintiffs to prove the employment decision would not have occurred without the age factor

  • Establishes employment discrimination caps on damages based on employer size: $50,000 (6-100 employees), $100,000 (101-200 employees), $200,000 (201-500 employees), and $300,000 (500+ employees), excluding back pay

  • Excludes from employer definition the United States, federal corporations, Indian tribes, DC agencies subject to competitive service procedures, and religious/sectarian organizations

  • Requires courts to apply federal legal frameworks from Title VII, the Age Discrimination in Employment Act, and the Americans with Disabilities Act when interpreting Missouri employment discrimination law, and abrogates certain prior Missouri case precedents

Legislative Description

Modifies the law relating to the Missouri Human Rights Act and employment discrimination

Last Action

S Informal Calendar S Bills for Perfection--SB 852-Lager, et al, with SS, SA 1 & SSA 1 for SA 1 (pending)

5/14/2010

Committee Referrals

General Laws2/4/2010

Full Bill Text

No bill text available