JEFFERSON CITY — The Missouri Senate today (2-8) gave its final approval to a measure that would change state law relating to the Missouri Human Rights Act (MHRA) and employment discrimination.  Employment provisions found in the MHRA make it illegal to discriminate against individuals on the basis of race, color, religion, national origin, sex, ancestry, age or disability.

Sponsored by Sen. Brad Lager, R-Savannah, Senate Bill 592 changes the standard for proof under the Missouri Human Rights Act for discrimination lawsuits, putting Missouri in line with federal law.  Currently, state law requires workers to prove that discrimination is a contributing factor in a discrimination lawsuit against the employer.  Legislation currently under consideration in the Senate would change this to a motivating factor, the same standard laid out in the federal Civil Rights Act.

Bill supporters say the legislation would bring certainty to employment law in the state and help the Legislature get Missourians back to work.

Those against the measure say it would push back years of work and take away certain rights found in the MHRA.

After standing a lengthy filibuster on the floor last week, Sen. Maria Chappelle-Nadal, D-University City, offered an amendment that would remove language from the bill that addresses the judicial branch’s duty to “analyze the merits of the motion for summary judgment.”  Her amendment, which was adopted by the Senate and ultimately ended the filibuster, would require certain discrimination cases to be considered by a trial jury instead of decided by a judge.

Senate Bill 592 also addresses damages for employment cases under the MHRA and “whistleblower” actions.  Whistleblowers are described as individuals who inform authorities about alleged dishonest or illegal actions in the workplace or other areas.  Damage caps for plaintiffs would include $50,000 for employers with between five and 100 employees, $100,000 for employers with between 100 and 200 employees, $200,000 for employers with between 200 and 500 employees, or $300,000 for employers with more than 500 workers.

In addition, the bill would abrogate, or abolish, all Missouri case law relating to the public policy exceptions to the state’s employment at-will doctrine.  This doctrine allows Missouri employers and employees to end an employment relationship at any time and for any reason (unless there is a written employment agreement), as long as it is not discrimination under the Civil Rights Act. 

Employers would be banned from firing individuals who report an unlawful act of the employer to authorities; report serious misconduct of the employer who violates public policy; refuse to carry out requests by an employer that is in violation of the law; or engage in conduct that is protected by state statute or regulation.

The measure now heads to the House of Representatives for its approval.

Legislation sponsored by Sen. David Pearce, R-Warrensburg, would require all public two- and four-year higher education institutions in Missouri to create a statewide core transfer library of at least 25 courses to transfer among all public higher education institutions.  These courses would include English, science and math course credits. 

Under Senate Bill 455, the Missouri Board for Higher Education, which would be responsible for the transfer library, would also be required to develop a policy to foster reverse transfer for students who have accumulated enough hours in combination with public higher education institution in Missouri that offers an associate degree and four-year institutions to be awarded an associate degree.  This provision would allow students transferring from community colleges to four-year institutions to earn an associate degree by meeting their previous school’s requirements while earning their degree at a four-year school.

In addition, the bill would require the Department of Elementary and Secondary Education to maintain the alignment of the statewide assessments for entry-level English, math, foreign language, science, and social science courses associated with an institution’s general education core with existing competencies; allow the Coordinating Board to charge and collect fees from out-of-state public institutions to cover the costs of reviewing and assuring the quality of programs offered by these particular institutions; and for the board to submit, prior to the start of the legislative session, a report that includes campus-level progression, retention, and completion metrics consistent with performance-funding goals, among other requirements.

Senators also gave their first-round approval to a measure, sponsored by Sen. Dan Brown, R-Rolla, which would waive the motorcycle roads skills test for members of the Armed Forces who have successfully completed certain military motorcycle rider training courses. 

Senate Bill 564 would allow drivers who are active members of the U.S. Armed Forces, meet or exceed the Motorcycle Safety Foundation curriculum standards, and demonstrate their ability to properly operate a motorcycle to no longer be required to complete a driving test in order to obtain a motorcycle license.

Final approval would send Senate Bill 455 and 564 over to the House for similar consideration.