HCS HB 628 -- UNLAWFUL DISCRIMINATORY PRACTICES IN EMPLOYMENT

SPONSOR:  Byrd

COMMITTEE ACTION:  Voted "do pass" by the Committee on Judiciary
by a vote of 7 to 3.

This substitute prohibits an employer from discriminating against
an employee or applicant for employment because he or she opposed
any unlawful employment practice or made a charge, testified,
assisted, or participated in an investigation, proceeding, or
hearing of a human rights violation.

The substitute specifies that unlawful discriminatory practices
include aiding, abetting, or retaliating based on claims of
unlawful housing practices; discrimination in commercial real
estate loans; discrimination in selling or renting property; or
discrimination in public accommodations.

Any party to an action regarding a human rights violation is
entitled to a trial by jury.  The dollar amount of court awards
for each complaining party is limited depending on the number of
employees employed by the respondent.  The court awards for human
rights violations specified in the substitute are limited to
unlawful employment practices.  The State of Missouri and any of
its political subdivisions cannot have punitive damages awarded
against them.

FISCAL NOTE:  No impact on state funds in FY 2006, FY 2007, and
FY 2008.

PROPONENTS:  Supporters say that the bill will reduce exposure to
liability for employers and the number of cases in the court
system.  The bill borrows some definitions from federal law and
allows for jury trials in discrimination cases.

Testifying for the bill were Representative Byrd; Missouri
Chamber of Commerce and Industry; Missouri Retailers Association;
Missouri Organization of Defense Lawyers; and Associated
Industries of Missouri.

OPPONENTS:  Those who oppose the bill say that they are opposed
to caps on damages and believe that suits should be brought where
the acts occurred or where decisions are made.

Testifying against the bill were Missouri Womens' Network; and
LeAnne Wiseman.

OTHERS:  Others testifying on the bill provided technical
information.

Others testifying on the bill was Missouri Commission on Human
Rights.

Amy Woods, Senior Legislative Analyst

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:20 pm