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MO SB703
Bill
AI Summary
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Redefines "because" or "because of" in discrimination cases to mean a protected criterion played a part, role, or was a motivating factor in the unlawful practice, but need not be the sole factor; does not apply to disparate impact claims
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Removes the definition of "Complainant" from the statute and renumbers subsequent definitions accordingly
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Creates new section 213.099 establishing burden-shifting framework for summary judgment in employment discrimination cases
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When plaintiff presents direct evidence of discrimination, burden shifts to employer to prove the same employment decision would have occurred regardless of that evidence
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When plaintiff lacks direct evidence, burden remains on plaintiff to establish discrimination allegation, with employer then presenting non-discriminatory reasons, and plaintiff must show employer's explanation is insufficient or illegitimate
Legislative Description
Modifies the law relating to the Missouri Human Rights Act
Last Action
Second Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee
1/30/2014