| SB 1169 | Individuals may not waive any age discrimination right under Chapter 213 unless waiver given is knowing and voluntary |
| Sponsor: | Jacob | |||
| LR Number: | 4124S.02I | Fiscal Note: | 4124-02 | |
| Committee: | Judiciary and Civil & Criminal Jurisprudence | |||
| Last Action: | 02/09/04 - Second Read and Referred S Judiciary and Civil & | Journal page: | S262 | |
| Criminal Jurisprudence Committee | ||||
| Title: | ||||
| Effective Date: | August 28, 2004 | |||
SB 1169 - This act provides that an individual may not waive any age discrimination right or claim under Chapter 213, RSMo, unless the waiver is knowing and voluntary. The act establishes minimum requirements for a waiver to be knowing and voluntary.
The act also establishes minimum requirements for a waiver to be knowing and voluntary when settling a charge filed with the Equal Employment Opportunity Commission, the Missouri Commission on Human Rights or an action filed in court alleging age discrimination of a kind prohibited pursuant to Section 213.055, RSMo.
The act places the burden of proof on the party asserting
the validity of the waiver in cases where the validity of the
waiver is in question. Further, no waiver agreement may affect
the Missouri Commission on Human Rights' rights and
responsibilities to enforce Chapter 213, RSMo. Also, no waiver
may be used to justify interfering with the protected right of an
employee to file a charge or participate in an investigation or
proceeding conducted by the Missouri Commission on Human Rights.
RICHARD MOORE