HCS HB 468 -- UNLAWFUL DISCRIMINATORY PRACTICES

SPONSOR:  Byrd

COMMITTEE ACTION:  Voted "do pass" by the Committee on Judiciary
by a vote of 10 to 8.

This substitute limits the total damages (actual and punitive)
that a plaintiff in an unlawful discriminatory action filed
pursuant to Chapter 213, RSMo, (Human Rights) may be awarded,
depending upon the number of employees of the respondent.
Housing-related actions, actions in which battery has been
committed, and actions brought by the Attorney General are
excluded from the damage caps.  Punitive damages may not be
awarded against the state or any of its political subdivisions.
The substitute also allows either party to demand a trial by
jury.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that the recent Missouri Supreme
Court decision giving employment discrimination plaintiffs the
right to trial by jury puts Missouri employers at a competitive
disadvantage, so the bill's damage award caps are necessary to
protect Missouri businesses.

Testifying for the bill were Representative Byrd; Mark A. Jess;
Missouri Grocers' Association; Associated Industries of Missouri;
Missouri Retailers' Association; St. Louis Regional Chamber and
Growth Association; Missouri Chamber of Commerce.

OPPONENTS:  Those who oppose the bill say that damages for
intentional conduct should not be capped, and that the judicial
act of remittitur protects businesses from bankruptcy.

Testifying against the bill were National Employment Lawyers'
Association; and Martin M. Meyers.

Julie Jinkens McNitt, Legislative Analyst

Missouri House of Representatives
Last Updated July 25, 2003 at 10:12 am