SB 757 - 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 when the protected action played a part, or was a motivating factor, but need not be the only factor in the proscribed action of the employer. The standard shall not apply to disparate impact claims. Under current law, an employer is a person who employs 6 or more persons. This act modifies that definition to include a person who has 6 or more employees for each working day in each of the 20 or more calendar weeks in a current or preceding calendar year.
The act prohibits discrimination based upon a person's sexual orientation or gender identity and doing so is an MHRA violation. Such discrimination includes unlawful housing practices, denial of loans or other financial assistance, denial of membership into an organization relating to the selling or renting of dwellings, unlawful employment practices, and denial of the right to use public accommodations.
This act defines "sexual orientation" as male or female heterosexuality, homosexuality, or bisexuality by inclination, practice, identity or expression. The term "gender identity" is defined as the gender-related identity, appearance, or mannerisms, or other gender-related characteristics of an individual, with or without regard to the individual's designed sex at birth.
This act is similar to HB 1456 (2006), SB 168 (2007), SB 266 (2007), SB 1046 (2008), SB 824 (2008), HB 799 (2009), SB 109 (2009), HB 227 (2009),SB 374 (2009), HB 1488 (2010), SB 626 (2010), SB 852 (2010), SB 188 (2011), SB 239 (2011), HB 1219 (2012), SS/SCS/SB 592 (2012), SB 798 (2012), HB 319 (2013), SB 96 (2013), SB 353 (2013), and SS/HCS/HB 320 (2013).
CHRIS HOGERTY