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MO HB1219

Bill

Status

Passed

6/27/2012

Primary Sponsor

Kevin Elmer

Click for details

Origin

House of Representatives

2012 Regular Session

AI Summary

  • Modifies the definition of "because" or "because of" in discrimination cases to require that a protected criterion was a motivating factor, with courts relying on federal Title VII, Age Discrimination in Employment Act, and Americans with Disabilities Act interpretations for adverse impact cases.

  • Changes employer definition to require six or more employees for each working day in 20 or more calendar weeks, and expands exemptions to include bona fide private membership clubs exempt from taxation under 26 U.S.C. Section 501(c).

  • Establishes right to jury trial in discrimination cases and adds new damage provisions including actual and punitive damages, with caps ranging from $50,000 to $300,000 depending on employer size, plus court costs and attorney fees for prevailing parties.

  • Creates new Whistleblower Protection Act making it unlawful for employers to discharge or retaliate against employees who report unlawful acts or refuse to carry out directives that would violate law, with private right of action in circuit court and damages capped by employer size.

  • Provides that whistleblower claims are not subject to Missouri Human Rights Commission jurisdiction and establishes this section as the exclusive remedy, abrogating common law causes of action for wrongful discharge on these grounds.

Legislative Description

Changes the laws regarding unlawful discriminatory employment practices as they relate to the Missouri Human Rights Act and establishes the Whistleblower Protection Act

Last Action

Delivered to Secretary of State (G)

6/27/2012

Committee Referrals

Ways And Means And Fiscal Oversight3/7/2012
Commerce, Consumer Protection, Energy And The Environment3/1/2012
Rules1/24/2012
Workforce Development And Workplace Safety1/11/2012

Full Bill Text

No bill text available