HB 376 -- Unlawful Employment Practices

Sponsor:  Wildberger

This bill makes an abusive work environment an unlawful
employment practice.  An employer is liable for an unlawful
employment practice committed by his or her employee.  It is
unlawful to retaliate against an employee because he or she
opposed any unlawful employment practice or has made a charge,
testified, assisted, or participated in any internal proceeding,
arbitration and mediation proceeding, or legal action.

An employer found guilty of an unlawful employment practice may
be enjoined from engaging in the practice and required to provide
any relief deemed necessary by the court.  When the unlawful
employment practice did not result in a negative employment
decision, the employer's liability for damages for emotional
distress may not exceed $25,000, and the employer may not be
liable for punitive damages.

The provisions of the bill may be enforced solely by a private
right of action.  However, the action must commence no later than
one year after the last act that comprises the alleged unlawful
employment act.

The remedies in the bill are in addition to the remedies
available in the Workers' Compensation Law.  A person who
believes he or she has been subjected to an unlawful employment
act may accept workers' compensation benefits in connection with
the act, but having done so, may not bring an action under the
provisions of the bill for the same act.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:18 am