Relating to discrimination.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section 1. 1. Notwithstanding any law, order or rule to the contrary, neither the state nor any of its political subdivisions or agents shall use race, sex, color, ethnicity or national origin as a criterion for either discriminating against, or granting preferential treatment to, any individual or group of persons in the state's system of public employment, public education or public contracting unless the state or any of its political subdivisions or agents has proven by clear and convincing evidence that specific, pervasive and systematic discrimination has occurred in the past and will continue to occur in the future. In the event that specific, pervasive and systematic discrimination has occurred in the past and will continue to occur in the future, the state or any of its political subdivisions or agents may attempt to reduce said discrimination by designing and implementing a narrowly tailored remedial action that furthers a compelling government interest. The narrowly tailored remedial action shall clearly identify and articulate the specific, pervasive and systematic discrimination that has occurred in the past and will continue to occur in the future, the compelling government interest involved, and the need and basis for either discriminating against, or granting preferential treatment to, any individual or group of persons. All narrowly tailored remedial actions shall automatically become null and void after a necessary or interested party has proven by clear and convincing evidence that the specific, pervasive and systematic discrimination has been significantly reduced, or two years after implementation, whichever is sooner.

2. Nothing in this section shall be interpreted as prohibiting state action that is necessary to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to the state.