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SCS/SB 592 - Currently, under the Missouri Human Rights Act (MHRA), a practice is unlawful when the protected trait is a contributing factor in the decision to discriminate. This act changes that standard to a motivating factor standard. Currently, persons acting in the interest of employers are considered employers under the MHRA and are liable for discriminatory practices. This act modifies the definition of employer to exclude those individuals. The act similarly excludes individuals employed by employers, and tax exempt private membership clubs (that are not labor organizations) from the definition. If a party files a motion for summary judgment in a case under the MHRA, the courts shall analyze the merits of the motion. The act outlines two approaches to be followed depending on whether the plaintiff submits direct evidence of discrimination. Where a plaintiff submits direct evidence of discrimination, the employer has the burden to provide evidence that the same employment decision would have been made regardless of the direct evidence. Where there is no direct evidence of discrimination, the plaintiff has the burden of establishing an allegation of discrimination. The employer may then produce evidence of non-discriminatory reasons for the decision. The employee shall then be required to present facts to show that the employer's explanation is a pretext for discrimination. Parties to a discrimination case under the MHRA may demand a jury trial. The court may award the plaintiff actual and punitive damages, and court costs and attorneys fees to the prevailing party. Damages may include future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life and other nonpecuniary losses. Damages awarded for employment cases under the MHRA and whistleblower actions shall not exceed back pay, interest on back pay, other equitable relief, court costs, and fees of $50,000 and $50,000 for employers with between 5 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 employees. Punitive damages shall not be awarded against the state of Missouri or political subdivisions in MHRA cases except for in discriminatory housing practices cases. The act abrogates all Missouri case law relating to the public policy exceptions to the employment at-will doctrine. Employers are barred from discharging the following persons: • a person who reports an unlawful act of the employer or its agent to governmental or law enforcement agencies, officer, or the employee's human resources representative employed by the employer; • a person who reports serious misconduct of the employer or its agent that violates a clear mandate of public policy as articulated in a constitutional provision, statute, regulation promulgated pursuant to statute, or a rule created by a governmental body; • a person who refuses to carry out a directive issued by an employer or its agent that, if completed, would be a violation of the law; • or a person who engages in conduct otherwise protected by statute or regulation. This act is similar to HB 1456 (2006), SB 168 (2007), SB 1046 (2008), HB 799 (2009), HB 227 (2009),SB 374 (2009), HB 1488 (2010), and SB 852 (2010), SB 188 (2011). CHRIS HOGERTY SA 2 - INTERPRETATIONS OF FEDERAL ANTI-DISCRIMINATION LAW SHALL BE USED IN DECIDING ADVERSE IMPACT CASES
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