Stephanie Lovett-Bowman, Monday, April 25, 2011 | Filed under: Non-discrimination, Legislation
Missouri Governor Jay Nixon has vowed to veto legislation recently passed by the General Assembly that would amend the Missouri Human Rights Act (MHRA), Senate Bill 188. The MHRA prohibits discrimination and harassment by employers, including school districts, based on protected categories such as race and gender.
In recent years, Missouri courts have interpreted the MHRA broadly and held that an employer is liable for discrimination when a protected category is a “contributing factor” in an adverse action. Under federal law, the standard for liability is a “motivating factor.” This seemingly minor wording difference has meant much greater risk to school districts and other employers who are accused of discrimination or harassment. The amendment approved by the General Assembly would align Missouri's standard for liability with the federal standard. The amendment would also eliminate the availability of punitive damages against school districts, among other changes.
In a statement, Gov. Nixton stated "This bill would make it harder to prove discrimination in the workplace, and would throw new hurdles in the path of those whose rights have been violated," Gov. Nixon said. "That is unacceptable." Gov. Nixon will outline his specific objections and take formal action on Senate Bill 188 at a public setting on Friday, April 29, 2011.