For the last three sessions, I have been working to restore fairness and balance to Missouri’s employment discrimination laws and protect our business community from frivolous lawsuits. I am very pleased to report the Senate voted today to pass Senate Bill 43, legislation I filed that will go a long way toward accomplishing both of these goals.
Senate Bill 43 changes the standard for determining whether an employer is liable for a discrimination charge under the Missouri Human Rights Act (MHRA), as well as the Whistleblower Protection Act, from a contributing factor to a motivating factor. An earlier version of SB 43 would have changed the standard to “because of, but for causation,” which essentially means an adverse decision or action would not have been made but for an employee’s status as a protected person. This would have restored the original meaning and legislative intent behind existing statutes — something Missouri courts began moving away from in 2005, when an advisory committee of lawyers drafted model jury instructions that abandoned “because of” language in favor of the lower contributing factor standard.
Agreeing to change the standard from “because of, but for” causation to a motivating factor is just one of several compromises that were reached this week. While the final version does include caps on how much juries may award in damages, I agreed to increase the damage cap for employers with more than 500 employees from $300,000 to $500,000. I also agreed to remove language stipulating that any common law causes of action are abrogated and dropped language prohibiting state employees and employees of political subdivisions from being awarded punitive damages in MHRA cases, among several other compromises.
Senate Bill 43 further stipulates that a person claiming to be aggrieved by an unlawful discriminatory practice shall file a complaint with the Missouri Commission on Human Rights (MCHR) within 180 days of the alleged unlawful conduct, and it provides that the Commission may only issue a “Right to Sue” letter under certain circumstances. In its current form, the system encourages individuals to pursue a case the MCHR has already deemed meritless simply to force a settlement, costing our small businesses time and money they do not have.
My intention in filing this legislation has never been to support or promote discrimination or make it easier for businesses to mistreat their employees. I believe employers who discriminate on the basis of race, religion, sex or another protected class should be held accountable for their actions, and their employees should be able to pursue justice. In fact, I specifically included language in SB 43 to ensure that any party to an action filed under the MHRA has a right to a jury trial.
That being said, I also believe the proverbial pendulum of the law has swung too far to one side, so much so that simply being a member of a protected class is enough to bring a discrimination case against an employer, regardless of the circumstances. This should not just upset business owners who have had fraudulent discrimination cases brought against them, it should also upset any person of a protected class who has truly been discriminated against. True discriminatory acts should have consequences, but the value of a discrimination case has been lost because of the filing of frivolous cases.
Getting SB 43 over the finish line was no easy task. We spent more than 17 hours discussing the finer points of this legislation on the Senate floor and in side negotiations. It really took a willingness from members on both sides of the aisle to come together and find some middle ground. In the end, I value my relationships with my Senate colleagues. Without the mutual trust and respect we have for one another, these higher, more demanding levels of debate and negotiation would go nowhere.
It has taken us 12 years to get to a place where we can begin to reverse course from the misguided path we have been on since 2005. While I was not the pioneer of this effort or the original architect — many folks have worked on this project over the years — I am proud to be a part of it. Senate Bill 43 still has to clear a few hurdles in the House, but I am proud of what we have already accomplished, and I hope this important legislation will be signed into law.
My staff and I were happy to welcome guests from all over the district to the Capitol this week. They were in Jefferson City representing a wide variety of services that help many of our constituents. Organizations included: the Missouri State Teachers Association, Silver Haired Legislators, participants of the University of Missouri’s annual Lobby Day, the Missouri Association of Insurance Agents and Financial Advisors, the Missouri Cattleman’s Association, Missouri Farm Bureau and the Missouri Health Care Association.
Individual guests included: Dave Thomas; John Kelly, of Ellington; John Kramer, of Bonne Terre; Nicholas Schwent, of Ste. Genevieve; David Reed and Charles Crull, of Jefferson County; Tony and Jan Harbison, of Ironton; Darrell & Gloria Dement, of Ellington; Dolores Howard, of Farmington; Willam Southworth M.D., of Farmington; Kenny Wiler, of Dittmer; Carol Basler and Vickie Winkler, of Ste. Genevieve; Christina Jackson, of Bonne Terre; Audrey Yates, of Potosi; Ralph & Beth Ogden; Ron Robinson, of Farmington; Landra Miller, of Viburnum; Bonnie Cannon, of Potosi; and Doug Smith, Kevin Jenkins and Matt King, with the Daily Journal in Farmington.
Finally, as many of you know, ensuring a great education for all of Missouri’s children, living in both urban and rural areas, is one of my main concerns as a state senator and public servant. With that in mind, I was pleased to meet with the former Governor of Florida Jeb Bush. The education of our young people is also one of Governor Bush’s passions. As I am chairman of the Senate Education Committee, he requested to meet with me. Even though we may not have agreed on every issue the meeting proved very beneficial, and I thoroughly enjoyed discussing education ideas and priorities with the governor.
Contact Me
I always appreciate hearing your comments, opinions and concerns. Please feel free to contact me in Jefferson City at (573) 751-4008. You may write me at Gary Romine, Missouri Senate, State Capitol, Jefferson City, MO 65101; or email me at gary.romine@senate.mo.gov.