Jonathan F. (Jon) Duncan, Wednesday, February 01, 2012 | Filed under: Non-discrimination, Legislation
The Missouri General Assembly is currently considering two bills that would amend the Missouri Human Rights Act ("MHRA"). Among other things, both bills would change the legal standard applied in discrimination claims to mirror the standard applicable to similar claims under federal law. Specifically, under the present MHRA, claimaints must demonstrate that discriminatory animus was a "contributing factor" to an adverse action by their employer. However,
SB 592 and
HB 1219 would require claimaints to demonstrate that unlawful animus was a "motivating factor" for the employer's action. Although these bills are highly controversial, proponents and opponents agree that the differing standards are important in claims involving workplace discrimination. Also important are the caps on monetary damages contained in both bills.
The legislature passed a similar measure last year and Governor Nixon vetoed it on May 2, 2011. We will monitor closely all developments regarding this important debate and provide updates as appropriate.