Missouri House Votes to Change Workplace Discrimination Laws

March 7, 2011

The Missouri House passed legislation that could make it more difficult for employees to win workplace discrimination lawsuits.

The legislation, approved by a 95-59 vote, would require people to prove that discrimination was the “motivating factor” when they were fired, rather than a “contributing factor.” The bill now goes to the Senate.

Federal courts use the motivating factor standard in employer discrimination lawsuits. Missouri used the standard until 2008, when the state Supreme Court said the contributing factor standard could be applied to a lawsuit filed by a former police office against the city of Maryland Heights.

The bill would also limit which businesses can be sued and the amount of damages that people can recover. The legislation defines an “employer” — for the purpose of discrimination lawsuits — as someone who employs at least six people for at least 20 weeks of the year.

The proposal also sets a scale for the maximum amount of damages that people can recover — as much as $300,000 plus any back pay they are owed after being fired.

The discrimination lawsuits bill is HB205.

Topics Legislation Commercial Lines Business Insurance Missouri

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