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MO HB205
Bill
Status
2/24/2011
Primary Sponsor
Michael Corcoran
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AI Summary
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Modifies the definition of "because of" in employment discrimination cases to mean a protected criterion was a motivating factor in the decision or action.
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Establishes that courts interpreting employment discrimination claims under Missouri law shall rely heavily on federal precedents from Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act.
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Abrogates several Missouri court decisions and specifies that McDonnell Douglas burden-shifting framework and Price Waterhouse mixed-motive analysis are highly persuasive for discrimination claims.
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Creates the "Whistleblower's Protection Act" as an unlawful employment practice to discharge or retaliate against employees who report unlawful acts, serious misconduct, or refuse to carry out illegal directives.
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Establishes damage caps for employment discrimination and whistleblower claims: $50,000 for employers with 6-100 employees, $100,000 for 101-200 employees, $200,000 for 201-500 employees, and $300,000 for employers with over 500 employees, plus actual back pay and interest.
Legislative Description
Changes the laws regarding unlawful discriminatory employment practices as they relate to the Missouri Human Rights Law and establishes the Whistleblower Protection Act
Last Action
Second Read and Referred: Commerce, Consumer Protection, Energy, and the Environment (S)
3/17/2011