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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : PUBLIC HEALTH AND WELFARE
Chapter : Chapter 213 Human Rights
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As used in this chapter, the following terms shall mean:
(1) "Age", an age of forty or more years but less than seventy years,
except that it shall not be an unlawful employment practice for an
employer to require the compulsory retirement of any person who has
attained the age of sixty-five and who, for the two-year period
immediately before retirement, is employed in a bona fide executive or
high policy-making position, if such person is entitled to an immediate
nonforfeitable annual retirement benefit from a pension, profit sharing,
savings or deferred compensation plan, or any combination of such plans,
of the employer, which equals, in the aggregate, at least forty-four
thousand dollars;
(2) "Commission", the Missouri commission on human rights;
(3) "Complainant", a person who has filed a complaint with the commission
alleging that another person has engaged in a prohibited discriminatory
practice;
(4) "Disability", a physical or mental impairment which substantially
limits one or more of a person's major life activities, being regarded as
having such an impairment, or a record of having such an impairment,
which with or without reasonable accommodation does not interfere with
performing the job, utilizing the place of public accommodation, or
occupying the dwelling in question. For purposes of this chapter, the
term "disability" does not include current, illegal use of or addiction
to a controlled substance as such term is defined by section 195.010,
RSMo; however, a person may be considered to have a disability if that
person:
(a) Has successfully completed a supervised drug rehabilitation program
and is no longer engaging in the illegal use of, and is not currently
addicted to, a controlled substance or has otherwise been rehabilitated
successfully and is no longer engaging in such use and is not currently
addicted;
(b) Is participating in a supervised rehabilitation program and is no
longer engaging in illegal use of controlled substances; or
(c) Is erroneously regarded as currently illegally using, or being
addicted to, a controlled substance;
(5) "Discrimination", any unfair treatment based on race, color,
religion, national origin, ancestry, sex, age as it relates to
employment, disability, or familial status as it relates to housing;
(6) "Dwelling", any building, structure or portion thereof which is
occupied as, or designed or intended for occupancy as, a residence by one
or more families, and any vacant land which is offered for sale or lease
for the construction or location thereon of any such building, structure
or portion thereof;
(7) "Employer" includes the state, or any political or civil subdivision
thereof, or any person employing six or more persons within the state,
and any person directly acting in the interest of an employer, but does
not include corporations and associations owned and operated by religious
or sectarian groups;
(8) "Employment agency" includes any person or agency, public or private,
regularly undertaking with or without compensation to procure employees
for an employer or to procure for employees opportunities to work for an
employer and includes any person acting in the interest of such a person;
(9) "Executive director", the executive director of the Missouri
commission on human rights;
(10) "Familial status", one or more individuals who have not attained the
age of eighteen years being domiciled with:
(a) A parent or another person having legal custody of such individual; or
(b) The designee of such parent or other person having such custody, with
the written permission of such parent or other person. The protections
afforded against discrimination on the basis of familial status shall
apply to any person who is pregnant or is in the process of securing
legal custody of any individual who has not attained the age of eighteen
years;
(11) "Human rights fund", a fund established to receive civil penalties
as required by federal regulations and as set forth by subdivision (2) of
subsection 11 of section 213.075, and which will be disbursed to offset
additional expenses related to compliance with the Department of Housing
and Urban Development regulations;
(12) "Labor organization" includes any organization which exists for the
purpose, in whole or in part, of collective bargaining or of dealing with
employers concerning grievances, terms or conditions of employment, or
for other mutual aid or protection in relation to employment;
(13) "Local commissions", any commission or agency established prior to
August 13, 1986, by an ordinance or order adopted by the governing body
of any city, constitutional charter city, town, village, or county;
(14) "Person" includes one or more individuals, corporations,
partnerships, associations, organizations, labor organizations, legal
representatives, mutual companies, joint stock companies, trusts,
trustees, trustees in bankruptcy, receivers, fiduciaries, or other
organized groups of persons;
(15) "Places of public accommodation", all places or businesses offering
or holding out to the general public, goods, services, privileges,
facilities, advantages or accommodations for the peace, comfort, health,
welfare and safety of the general public or such public places providing
food, shelter, recreation and amusement, including, but not limited to:
(a) Any inn, hotel, motel, or other establishment which provides lodging
to transient guests, other than an establishment located within a
building which contains not more than five rooms for rent or hire and
which is actually occupied by the proprietor of such establishment as his
residence;
(b) Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain,
or other facility principally engaged in selling food for consumption on
the premises, including, but not limited to, any such facility located on
the premises of any retail establishment;
(c) Any gasoline station, including all facilities located on the
premises of such gasoline station and made available to the patrons
thereof;
(d) Any motion picture house, theater, concert hall, sports arena,
stadium, or other place of exhibition or entertainment;
(e) Any public facility owned, operated, or managed by or on behalf of
this state or any agency or subdivision thereof, or any public
corporation; and any such facility supported in whole or in part by
public funds;
(f) Any establishment which is physically located within the premises of
any establishment otherwise covered by this section or within the
premises of which is physically located any such covered establishment,
and which holds itself out as serving patrons of such covered
establishment;
(16) "Rent" includes to lease, to sublease, to let and otherwise to grant
for consideration the right to occupy premises not owned by the occupant;
(17) "Respondent", a person who is alleged to have engaged in a
prohibited discriminatory practice in a complaint filed with the
commission;
(18) "Unlawful discriminatory practice", any act that is unlawful under
this chapter. (L. 1959 H.B. 266 § 1, A.L. 1978 H.B. 949 & 1266, A.L. 1986
S.B. 513, A.L. 1992 H.B. 1619, A.L. 1998 S.B. 786)
(1995) Where a defendant was president, sole director and sole
shareholder of corporation which was joint defendant, individual
defendant was granted summary judgment in suit alleging that defendants
violated the Missouri human rights act by terminating plaintiff's
employment because of a disability or handicap. The definition of
"employer" in this section does not subject employees, including
supervisors or managers, to individual liability. Lenhardt v. Basic
Institute of Technology, Inc. 55 F.3d 377 (8th Cir.).
(1998) State university cannot invoke sovereign immunity under Missouri
human rights act. H. S. v. Board of Regents, 967 S.W.2d 665 (Mo.App.
E.D.).
1. There is hereby created a "Missouri Commission on Human
Rights". It shall consist of eleven members, with no less than one from
each of the congressional districts of this state, serving without
compensation, to be appointed by the governor with the advice and consent
of the senate. One of the members shall be appointed chairperson by the
governor. Appointments to the commission shall be for a term of six
years. No more than six members at any one time shall be members of the
same political party. In the event of the death or resignation of any
member, his successor shall be appointed to serve for the unexpired
period of the term for which such member had been appointed.
2. The function of the commission shall be to encourage fair treatment
for and to foster mutual understanding and respect among, and to
discourage discrimination against, any racial, ethnic, religious or other
group protected by this chapter, members of these groups or persons with
disabilities.
3. Any local commission created and established prior to August 13, 1986,
by an ordinance adopted by the governing body of any city, constitutional
charter city, town, village, or county, shall have the power and
authority to seek to eliminate and prevent discrimination in employment,
housing, and public accommodation, and to establish related programs,
which shall be certified by the commission as substantially equivalent.
The power and authority of such commissions to initiate and pursue
administrative proceedings and remedies shall be solely as provided in
section 213.135. (L. 1959 H.B. 266 §§ 2, 3, A.L. 1986 S.B. 513, A.L. 1992
H.B. 1619, A.L. 1998 S.B. 786)
(1990) Nothing in subsection 3 of this statute gives cities, towns,
villages or counties the power to create a cause of action for the
violation of an anti-discrimination ordinance. Failure of legislature to
include an express grant of power to determine violations and make awards
establishes its intent that such power is not included. Yellow Freight
Systems, Inc. v. Mayor's Commission on Human Rights of the City of
Springfield, 791 S.W.2d 382 (Mo. en banc).
The provisions of section 213.020 relating to the members of the
commission on human rights serving without compensation to the contrary
notwithstanding, whenever any member of the commission serves as a member
of a panel to hear complaints involving alleged discriminatory practices
under this chapter he shall receive as compensation for such duty the sum
of fifty dollars for each day he actually serves on such panel and shall
be reimbursed for his reasonable and necessary expenses actually incurred
in the performance of his duties on the panel. (L. 1978 H.B. 949 & 1266,
A.L. 1986 S.B. 513)
1. The powers and duties of the commission shall be:
(1) To seek to eliminate and prevent discrimination because of race,
color, religion, national origin, ancestry, sex, age as it relates to
employment, disability, or familial status as it relates to housing and
to take other actions against discrimination because of race, color,
religion, national origin, ancestry, sex, age, disability, or familial
status as provided by law; and the commission is hereby given general
jurisdiction and power for such purposes;
(2) To implement the purposes of this chapter first by conference,
conciliation and persuasion so that persons may be guaranteed their civil
rights and goodwill be fostered;
(3) To formulate policies to implement the purposes of this chapter and
to make recommendations to agencies and officers of the state and
political subdivisions in aid of such policies and purposes;
(4) To appoint such employees as it may deem necessary, fix their
compensation within the appropriations provided and in accordance with
the wage structure established for other state agencies, and prescribe
their duties;
(5) To obtain upon request and utilize the services of all governmental
departments and agencies to be paid from appropriations to this
commission;
(6) To adopt, promulgate, amend, and rescind suitable rules and
regulations to carry out the provisions of this chapter and the policies
and practices of the commission in connection therewith;
(7) To receive, investigate, initiate, and pass upon complaints alleging
discrimination in employment, housing or in places of public
accommodations because of race, color, religion, national origin,
ancestry, sex, age as it relates to employment, disability, or familial
status as it relates to housing and to require the production for
examination of any books, papers, records, or other materials relating to
any matter under investigation;
(8) To hold hearings, subpoena witnesses, compel their attendance,
administer oaths, to take the testimony of any person under oath, and, in
connection therewith, to require the production for examination of any
books, papers or other materials relating to any matter under
investigation or in question before the commission;
(9) To issue publications and the results of studies and research which
will tend to promote goodwill and minimize or eliminate discrimination in
housing, employment or in places of public accommodation because of race,
color, religion, national origin, ancestry, sex, age as it relates to
employment, disability, or familial status as it relates to housing;
(10) To provide each year to the governor and to the general assembly a
full written report of all its activities and of its recommendations;
(11) To adopt an official seal;
(12) To cooperate, act jointly, enter into cooperative or work- sharing
agreements with the United States Equal Employment Opportunity
Commission, the United States Department of Housing and Urban
Development, and other federal agencies and local commissions or agencies
to achieve the purposes of this chapter;
(13) To accept grants, private gifts, bequests, and establish funds to
dispose of such moneys so long as the conditions of the grant, gift, or
bequest are not inconsistent with the purposes of this chapter and are
used to achieve the purposes of this chapter;
(14) To establish a human rights fund as defined in section 213.010, for
the purposes of administering sections 213.040, 213.045, 213.050,
213.070, 213.075, and 213.076.
2. No rule or portion of a rule promulgated under the authority of this
chapter shall become effective unless it has been promulgated pursuant to
the provisions of section 536.024, RSMo. (L. 1959 H.B. 266 § 4, A.L. 1978
H.B. 949 & 1266, A.L. 1986 S.B. 513, A.L. 1992 H.B. 1619, A.L. 1993 S.B.
52, A.L. 1995 S.B. 3, A.L. 1998 S.B. 786)
(1998) Statute grants commission power to issue investigatory subpoenas
duces tecum. Gerlach v. Missouri Commission on Human Rights, 980 S.W.2d
589 (E.D.Mo.).
1. It shall be an unlawful housing practice:
(1) To refuse to sell or rent after the making of a bona fide offer, to
refuse to negotiate for the sale or rental of, to deny or otherwise make
unavailable, a dwelling to any person because of race, color, religion,
national origin, ancestry, sex, disability, or familial status;
(2) To discriminate against any person in the terms, conditions, or
privileges of sale or rental of a dwelling, or in the provision of
services or facilities in connection therewith, because of race, color,
religion, national origin, ancestry, sex, disability, or familial status;
(3) To make, print, or publish, or cause to be made, printed, or
published any notice, statement or advertisement, with respect to the
sale or rental of a dwelling that indicates any preference, limitation,
or discrimination based on race, color, religion, national origin,
ancestry, sex, disability, or familial status, or an intention to make
any such preference, limitation, or discrimination;
(4) To represent to any person because of race, color, religion, national
origin, ancestry, sex, disability, or familial status that any dwelling
is not available for inspection, sale, or rental when such dwelling is in
fact so available;
(5) To induce or attempt to induce any person to sell or rent any
dwelling by representations regarding the entry or prospective entry into
the neighborhood of a person or persons of a particular race, color,
religion, national origin, ancestry, sex, disability, or familial status;
(6) To discriminate in the sale or rental of*, or to otherwise make
unavailable or deny, a dwelling to any buyer or renter because of a
disability of:
(a) That buyer or renter;
(b) A person residing in or intending to reside in that dwelling after it
is so sold, rented, or made available; or
(c) Any person associated with that buyer or renter;
(7) To discriminate against any person in the terms, conditions, or
privileges of sale or rental of a dwelling, or in the provision of
services or facilities in connection with such dwelling, because of a
disability of:
(a) That person;
(b) A person residing in or intending to reside in that dwelling after it
is so sold, rented, or made available; or
(c) Any person associated with that person.
2. For purposes of this section and sections 213.045 and 213.050,
discrimination includes:
(1) A refusal to permit, at the expense of the person with the
disability, reasonable modifications of existing premises occupied or to
be occupied by such person if such modifications may be necessary to
afford such person full enjoyment of the premises, except that, in the
case of a rental, the landlord may, where it is reasonable to do so,
condition permission for a modification on the renter's agreeing to
restore the interior of the premises to the condition that existed before
the modification, reasonable wear and tear excepted;
(2) A refusal to make reasonable accommodations in rules, policies,
practices, or services, when such accommodations may be necessary to
afford such person equal opportunity to use and enjoy a dwelling; or
(3) In connection with the design and construction of covered multifamily
dwellings for first occupancy after March 13, 1991, a failure to design
and construct those dwellings in such a manner that:
(a) The public use and common use portions of such dwellings are readily
accessible to and usable by persons with a disability;
(b) All the doors designed to allow passage into and within all premises
within such dwellings are sufficiently wide to allow passage by persons
with a disability in wheelchairs; and
(c) All premises within such dwellings contain the following features of
adaptive design:
a. An accessible route into and through the dwelling;
b. Light switches, electrical outlets, thermostats, and other
environmental controls in accessible locations;
c. Reinforcements in bathroom walls to allow later installation of grab
bars; and
d. Usable kitchens and bathrooms such that an individual in a wheelchair
can maneuver about the space.
3. As used in subdivision (3) of subsection 2 of this section, the term
"covered multifamily dwelling" means:
(1) Buildings consisting of four or more units if such buildings have one
or more elevators; and
(2) Ground floor units in other buildings consisting of four or more
units.
4. Compliance with the appropriate requirements of the American National
Standard for Buildings and Facilities providing accessibility and
usability for people with physical disabilities, commonly cited as "ANSI
A117.1", suffices to satisfy the requirements of paragraph (a) of
subdivision (3) of subsection 2 of this section.
5. Where a unit of general local government has incorporated into its
laws the requirements set forth in subdivision (3) of subsection 2 of
this section, compliance with such laws shall be deemed to satisfy the
requirements of that subdivision. Such compliance shall be subject to the
following provisions:
(1) A unit of general local government may review and approve newly
constructed covered multifamily dwellings for the purpose of making
determinations as to whether the design and construction requirements of
subdivision (3) of subsection 2 of this section are met;
(2) The commission shall encourage, but may not require, the units of
local government to include in their existing procedures for the review
and approval of newly constructed covered multifamily dwellings,
determinations as to whether the design and construction of such
dwellings are consistent with subdivision (3) of subsection 2 of this
section, and shall provide technical assistance to units of local
government and other persons to implement the requirements of subdivision
(3) of subsection 2 of this section;
(3) Nothing in this chapter shall be construed to require the commission
to review or approve the plans, designs or construction of all covered
dwellings, to determine whether the design and construction of such
dwellings are consistent with the requirements of subdivision (3) of
subsection 2 of this section.
6. Nothing in this chapter shall be construed to invalidate or limit any
law of the state or political subdivision of the state, or other
jurisdiction in which this chapter shall be effective, that requires
dwellings to be designed and constructed in a manner that affords persons
with disabilities greater access than is required by this chapter.
7. Nothing in this section and sections 213.045 and 213.050 requires that
a dwelling be made available to an individual whose tenancy would
constitute a direct threat to the health or safety of other individuals
or whose tenancy would result in substantial physical damage to the
property of others.
8. Nothing in this section and sections 213.045 and 213.050 limits the
applicability of any reasonable local or state restriction regarding the
maximum number of occupants permitted to occupy a dwelling, nor does any
provision in this section and sections 213.045 and 213.050 regarding
familial status apply with respect to housing for older persons.
9. As used in this section and sections 213.045 and 213.050, "housing for
older persons" means housing:
(1) Provided under any state or federal program that the commission
determines is specifically designed and operated to assist elderly
persons, as defined in the state or federal program;
(2) Intended for, and solely occupied by, persons sixty-two years of age
or older; or
(3) Intended and operated for occupancy by at least one person fifty-five
years of age or older per unit. In determining whether housing qualifies
as housing for older persons under this subsection, the commission shall
develop regulations which require at least the following factors:
(a) The existence of significant facilities and services specifically
designed to meet the physical or social needs of older persons, or if the
provision of such facilities and services is not practicable, that such
housing is necessary to provide important housing opportunities for older
persons; and
(b) That at least eighty percent of the units are occupied by at least
one person fifty-five years of age or older per unit; and
(c) The publication of, and adherence to, policies and procedures which
demonstrate an intent by the owner or manager to provide housing for
persons fifty-five years of age or older.
10. Housing shall not fail to meet the requirements for housing for older
persons by reason of:
(1) Persons residing in such housing as of August 28, 1992, who do not
meet the age requirements of subdivision (2) or (3) of subsection 9 of
this section, provided that new occupants of such housing meet the age
requirements of subdivision (2) or (3) of subsection 9 of this section; or
(2) Unoccupied units, provided that such units are reserved for occupancy
by persons who meet the age requirements of subdivision (2) or (3) of
subsection 9 of this section.
11. Nothing in this section or section 213.045 or 213.050 shall prohibit
conduct against a person because such person has been convicted by any
court of competent jurisdiction of the illegal manufacture or
distribution of a controlled substance, as defined by section 195.010,
RSMo.
12. Nothing in this chapter shall prohibit a religious organization,
association, or society, or any nonprofit institution or organization
operated, supervised or controlled by or in conjunction with a religious
organization, association, or society, from limiting the sale, rental or
occupancy of dwellings which it owns or operates for other than a
commercial purpose to persons of the same religion, or from giving
preference to such persons, unless membership in such religion is
restricted on account of race, color, or national origin. Nor shall
anything in this chapter prohibit a private club not in fact open to the
public, which as an incident to its primary purpose or purposes provides
lodging which it owns or operates for other than a commercial purpose,
from limiting the rental or occupancy of such lodging to its members or
from giving preference to its members.
13. Nothing in this chapter, other than the prohibitions against
discriminatory advertising in subdivision (3) of subsection 1 of this
section, shall apply to:
(1) The sale or rental of any single family house by a private individual
owner, provided the following conditions are met:
(a) The private individual owner does not own or have any interest in
more than three single family houses at any one time; and
(b) The house is sold or rented without the use of a real estate broker,
agent or salesperson or the facilities of any person in the business of
selling or renting dwellings and without publication, posting or mailing
of any advertisement. If the owner selling the house does not reside in
it at the time of the sale or was not the most recent resident of the
house prior to such sale, the exemption in this section applies to only
one such sale in any twenty-four-month period; or
(2) Rooms or units in dwellings containing living quarters occupied or
intended to be occupied by no more than four families living
independently of each other, if the owner actually maintains and occupies
one of such living quarters as his or her residence. (L. 1986 S.B. 513,
A.L. 1992 H.B. 1619, A.L. 1998 S.B. 786)
*Word "of" does not appear in original rolls.
1. No declaration or other governing document of a homeowners'
association shall include a restrictive covenant in violation of section
213.040.
2. Notwithstanding any other provision of law or provision of the
governing documents, the board of directors of a homeowners' association
shall amend, without approval of the owners, any declaration or other
governing document that includes a restrictive covenant in violation of
section 213.040, and shall restate the declaration or other governing
document without the restrictive covenant but with no other change to the
declaration or governing document.
3. If after providing written notice to a homeowners' association
requesting that the association delete a restrictive covenant in
violation of section 213.040, and the association fails to delete the
restrictive covenant within thirty days of receiving the notice, the
Missouri commission on human rights, a city or county in which a common
interest development is located, or any person may bring an action
against the homeowners' association for injunctive relief to enforce the
provisions of subsections 1 and 2 of this section. The court may award
attorney's fees to the prevailing party.
4. The provisions of this section shall become effective on January 1,
2006. (L. 2005 S.B. 168)
Effective 1-1-06
It shall be unlawful for any bank, building and loan
association, insurance company or other corporation, association, firm or
enterprise whose business consists in whole or in part in the making of
commercial real estate loans, to deny a loan or other financial
assistance because of race, color, religion, national origin, ancestry,
sex, disability or familial status to a person applying therefor for the
purpose of purchasing, construction, improving, repairing, or maintaining
a dwelling, or to discriminate against him in fixing of the amount,
interest rate, duration or other terms or conditions of such loan or
other financial assistance, because of the race, color, religion,
national origin, ancestry, sex, disability, or familial status of such
person or of any person associated with him in connection with such loan
or other financial assistance, or of the present or prospective owners,
lessees, tenants, or occupants, of the dwellings in relation to which
such loan or other financial assistance is to be made or given. (L. 1986
S.B. 513, A.L. 1992 H.B. 1619, A.L. 1998 S.B. 786)
It shall be unlawful to deny any person access to or membership
or participation in any multiple listing service, real estate brokers'
organization or other service organization, or facility relating to the
business of selling or renting dwellings, on account of race, color,
religion, national origin, ancestry, sex, disability, or familial status.
(L. 1986 S.B. 513, A.L. 1992 H.B. 1619, A.L. 1998 S.B. 786)
1. It shall be an unlawful employment practice:
(1) For an employer, because of the race, color, religion, national
origin, sex, ancestry, age or disability of any individual:
(a) To fail or refuse to hire or to discharge any individual, or
otherwise to discriminate against any individual with respect to his
compensation, terms, conditions, or privileges of employment, because of
such individual's race, color, religion, national origin, sex, ancestry,
age or disability;
(b) To limit, segregate, or classify his employees or his employment
applicants in any way which would deprive or tend to deprive any
individual of employment opportunities or otherwise adversely affect his
status as an employee, because of such individual's race, color,
religion, national origin, sex, ancestry, age or disability;
(2) For a labor organization to exclude or to expel from its membership
any individual or to discriminate in any way against any of its members
or against any employer or any individual employed by an employer because
of race, color, religion, national origin, sex, ancestry, age or
disability of any individual; or to limit, segregate, or classify its
membership, or to classify or fail or refuse to refer for employment any
individual, in any way which would deprive or tend to deprive any
individual of employment opportunities, or would limit such employment
opportunities or otherwise adversely affect his status as an employee or
as an applicant for employment, because of such individual's race, color,
religion, national origin, sex, ancestry, age or disability; or for any
employer, labor organization, or joint labor-management committee
controlling apprenticeship or other training or retraining, including
on-the-job training programs to discriminate against any individual
because of his race, color, religion, national origin, sex, ancestry, age
or disability in admission to, or employment in, any program established
to provide apprenticeship or other training;
(3) For any employer or employment agency to print or circulate or cause
to be printed or circulated any statement, advertisement or publication,
or to use any form of application for employment or to make any inquiry
in connection with prospective employment, which expresses, directly or
indirectly, any limitation, specification, or discrimination, because of
race, color, religion, national origin, sex, ancestry, age or disability
unless based upon a bona fide occupational qualification or for an
employment agency to fail or refuse to refer for employment, or otherwise
to discriminate against, any individual because of his race, color,
religion, national origin, sex, ancestry, age as it relates to
employment, or disability, or to classify or refer for employment any
individual on the basis of his race, color, religion, national origin,
sex, ancestry, age or disability.
2. Notwithstanding any other provision of this chapter, it shall not be
an unlawful employment practice for an employer to apply different
standards of compensation, or different terms, conditions or privileges
of employment pursuant to a bona fide seniority or merit system, or a
system which measures earnings by quantity or quality of production or to
employees who work in different locations, provided that such differences
or such systems are not the result of an intention or a design to
discriminate, and are not used to discriminate, because of race, color,
religion, sex, national origin, ancestry, age or disability, nor shall it
be an unlawful employment practice for an employer to give and to act
upon the results of any professionally developed ability test, provided
that such test, its administration, or action upon the results thereof,
is not designed, intended or used to discriminate because of race, color,
religion, national origin, sex, ancestry, age or disability.
3. Nothing contained in this chapter shall be interpreted to require any
employer, employment agency, labor organization, or joint
labor-management committee subject to this chapter to grant preferential
treatment to any individual or to any group because of the race, color,
religion, national origin, sex, ancestry, age or disability of such
individual or group on account of an imbalance which may exist with
respect to the total number or percentage of persons of any race, color,
religion, national origin, sex, ancestry, age or disability employed by
any employer, referred or classified for employment by any employment
agency or labor organization, admitted to membership or classified by any
labor organization, or admitted to or employed in any apprenticeship or
other training program, in comparison with the total number or percentage
of persons of such race, color, religion, national origin, sex, ancestry,
age or disability in any community, state, section, or other area, or in
the available workforce in any community, state, section, or other area.
4. Notwithstanding any other provision of this chapter, it shall not be
an unlawful employment practice for the state or any political
subdivision of the state to comply with the provisions of 29 U.S.C. 623
relating to employment as firefighters or law enforcement officers. (L.
1986 S.B. 513, A.L. 1998 S.B. 786, A.L. 1999 H.B. 568)
(1994) Standards for finding punitive damages under Missouri statute are
entirely different from standards for imposing liquidated damages under
the federal Age Discrimination in Employment Act. Missouri law of
punitive damages requires actual outrageousness. Not every willful
violation of the ADEA involves outrageous conduct. Nelson v. Boatmen's
Bancshares, Inc., 26 F.3d 796 (8th Cir.).
1. All persons within the jurisdiction of the state of Missouri
are free and equal and shall be entitled to the full and equal use and
enjoyment within this state of any place of public accommodation, as
hereinafter defined, without discrimination or segregation on the grounds
of race, color, religion, national origin, sex, ancestry, or disability.
2. It is an unlawful discriminatory practice for any person, directly or
indirectly, to refuse, withhold from or deny any other person, or to
attempt to refuse, withhold from or deny any other person, any of the
accommodations, advantages, facilities, services, or privileges made
available in any place of public accommodation, as defined in section
213.010 and this section, or to segregate or discriminate against any
such person in the use thereof on the grounds of race, color, religion,
national origin, sex, ancestry, or disability.
3. The provisions of this section shall not apply to a private club, a
place of accommodation owned by or operated on behalf of a religious
corporation, association or society, or other establishment which is not
in fact open to the public, unless the facilities of such establishments
are made available to the customers or patrons of a place of public
accommodation as defined in section 213.010 and this section. (L. 1986
S.B. 513, A.L. 1992 H.B. 1619, A.L. 1998 S.B. 786)
(1999) Statute grants a cause of action for associational discrimination.
Missouri Commission on Human Rights v. Red Dragon Restaurant, Inc., 991
S.W.2d 161 (W.D.Mo.).
It shall be an unlawful discriminatory practice:
(1) To aid, abet, incite, compel, or coerce the commission of acts
prohibited under this chapter or to attempt to do so;
(2) To retaliate or discriminate in any manner against any other person
because such person has opposed any practice prohibited by this chapter
or because such person has filed a complaint, testified, assisted, or
participated in any manner in any investigation, proceeding or hearing
conducted pursuant to this chapter;
(3) For the state or any political subdivision of this state to
discriminate on the basis of race, color, religion, national origin, sex,
ancestry, age, as it relates to employment, disability, or familial
status as it relates to housing; or
(4) To discriminate in any manner against any other person because of
such person's association with any person protected by this chapter. (L.
1986 S.B. 513, A.L. 1992 H.B. 1619, A.L. 1998 S.B. 786)
(1995) Statute is not limited to employer-employee relationship and must
be given a broader meaning. Keeney v. Hereford Concrete Products, 911
S.W.2d 622 (Mo.banc).
1. Any person claiming to be aggrieved by an unlawful
discriminatory practice may make, sign and file with the commission a
verified complaint in writing, within one hundred eighty days of the
alleged act of discrimination, which shall state the name and address of
the person alleged to have committed the unlawful discriminatory practice
and which shall set forth the particulars thereof and such other
information as may be required by the commission. The complainant's
agent, attorney or the attorney general may, in like manner, make, sign
and file such complaint.
2. Any complaint which is filed with the federal Equal Employment
Opportunity Commission or other federal agencies with which the
commission has a work-sharing or deferral agreement, or with a local
commission which has been certified as substantially equivalent by the
commission, shall be deemed filed with the commission on the date that
such complaint is received by such federal agency or local commission. A
copy of all complaints filed with a local commission with the authority
to enforce the provisions of this chapter is to be forwarded to the
commission within seven days of the filing thereof with such local
commission. If a local commission has jurisdiction to hear a complaint
filed with the commission, such complaint shall be deemed to have been
filed with the local commission on the date on which such complaint was
filed with the commission. The commission shall, within seven days of the
receipt of a complaint which a local commission has jurisdiction to hear,
forward a copy thereof to such local commission.
3. After the filing of any complaint, the executive director shall, with
the assistance of the commission's staff, promptly investigate the
complaint, and if the director determines after the investigation that
probable cause exists for crediting the allegations of the complaint, the
executive director shall immediately endeavor to eliminate the unlawful
discriminatory practice complained of by conference, conciliation and
persuasion, and shall report the results to the commission. The
investigation, determination of probable cause and conciliation shall be
conducted according to such rules, regulations and guidelines as the
commission shall prescribe.
4. A person who is not named as a respondent in a complaint, but who is
identified as a respondent in the course of investigation, may be joined
as an additional or substitute respondent upon written notice, pursuant
to such rules, regulations, and guidelines as the commission shall
prescribe. Such notice, in addition to complying with the requirements of
such rules, regulations, and guidelines, shall also state the reason why
the person to whom the notice is addressed has been joined as a party.
5. In case of failure to eliminate such discriminatory practice as found
in the investigation, if in the judgment of the chairperson of the
commission circumstances so warrant, there shall be issued and served in
the name of the commission, a written notice, together with a copy of the
complaint, as it may have been amended, requiring the person named in the
complaint, hereinafter referred to as "respondent", to answer the charges
of the complaint at a hearing, at a time and place to be specified in the
notice, before a panel of at least three members of the commission
sitting as the commission or before a hearing examiner licensed to
practice law in this state who shall be appointed by the executive
director and approved by the commission. The place of the hearing shall
be in the office of the commission or such other place designated by it,
except that if the respondent so requests, in writing, the hearing shall
be held in the county of such person's residence or business location at
the time of the alleged unlawful discriminatory practice. A copy of the
notice shall also be served on the complainants.
6. In all cases where a written notice of hearing has been issued and a
party has not elected the option to proceed in circuit court as set forth
in section 213.076, the procedures set forth for a hearing shall apply.
7. The commission shall be a party to the action and shall be represented
before the panel or the hearing examiner by the office of the attorney
general or, when so delegated by the attorney general, a staff attorney
of the commission. Neither the hearing examiner nor any member of the
panel shall have participated in the investigation of the complaint.
Evidence concerning endeavors at conciliation shall be excluded.
8. The respondent may file a written verified answer to the complaint and
appear at the hearing in person or otherwise with or without counsel, and
submit testimony. At the discretion of the hearing examiner or the panel,
the complainant may be allowed to intervene, thereby becoming a party to
the action with the right to present testimony in person or by counsel,
provided the complainant at all times shall be treated as a party for the
purpose of discovery and the taking of depositions. The commission or
complainant intervenor shall have the power to reasonably and fairly
amend any complaint, and the respondent shall have like power to amend
any answer. The testimony taken at the hearing shall be under oath and be
transcribed.
9. In any contested case before the commission, any party may take and
use written interrogatories, requests for production of documents and
other materials, and requests for admissions, and all other forms of
discovery authorized by rules of civil procedure in the same manner,
upon, and under the same conditions, and upon the same notice, as is or
may hereafter be provided for with respect to the taking and using of
written interrogatories, requests for production of documents and other
materials, and requests for admissions, and all other forms of discovery
authorized by rules of civil procedure in civil actions in the circuit
court. The panel or hearing examiner shall have the authority to impose
sanctions in the same manner as set forth in the rules of civil procedure.
10. The hearing shall be conducted in the manner provided by chapter 536,
RSMo.
11. When the case is heard by a panel of the commission, the chairperson
of the commission shall select the hearing panel and the presiding
officer. The presiding officer shall have full authority to call and
examine witnesses, admit or exclude evidence and rule upon all motions
and objections. The panel shall state its findings of fact and
conclusions of law, and if, upon all the evidence at the hearing, the
panel finds:
(1) That a respondent has engaged in an unlawful discriminatory practice
as defined in this chapter, the commission shall issue and cause to be
served on the respondent an order requiring the respondent to cease and
desist from the unlawful discriminatory practice. The order shall require
the respondent to take such affirmative action, as in the panel's
judgment will implement the purposes of this chapter, including, but not
limited to, payment of back pay; hiring; reinstatement or upgrading;
restoration to membership in any respondent labor organization; the
extension of full, equal and unsegregated housing; the extension of full,
equal and unsegregated public accommodations; extension of a commercial
real estate loan or other financial assistance; extension or restoration
of membership or participation in any multiple listing service or other
real estate service organization or facility; payment of actual damages;
and the submission of a report of the manner of compliance;
(2) That a respondent has engaged or is about to engage in a violation of
section 213.040, 213.045, 213.050, or 213.070, to the extent that the
alleged violation of section 213.070 relates to or involves a violation
of one or more of such other sections or relates to or involves the
encouraging, aiding, or abetting of a violation of such other sections,
the commission may, in addition to the relief provided in subdivision (1)
of this subsection*, assess a civil penalty against the respondent, for
purposes of vindicating the public interest:
(a) In an amount not exceeding two thousand dollars if the respondent has
not been adjudged to have violated one or more of the sections enumerated
in subdivision (2) of this subsection within five years of the date of
the filing of the complaint;
(b) In an amount not exceeding five thousand dollars if the respondent
has been adjudged to have committed one violation of the sections
enumerated in subdivision (2) of this subsection within five years of the
date on which the complaint is filed;
(c) In an amount not exceeding ten thousand dollars if the respondent has
been adjudged to have committed two or more prior violations of the
sections enumerated in subdivision (2) of this subsection within seven
years of the date on which the complaint is filed. All civil penalties
set forth in this subsection shall be paid to the human rights fund.
12. If, upon all the evidence, the panel finds that a respondent has not
engaged in any unlawful discriminatory practice, the panel shall state
its findings of fact and conclusions of law and shall issue and cause to
be served on the complainant and respondent an order dismissing the
complaint.
13. When the case is heard by a hearing examiner, the examiner shall have
all powers described in subdivision (8) of section 213.030 and subsection
11 of this section, for the purpose of the hearing. The hearing examiner
shall make findings of fact and conclusions of law and shall recommend to
the commission an order granting such relief as provided in subsection 11
of this section or dismissing the complaint as to the respondent as
provided in subsection 12 of this section, in accordance with such
findings.
14. A panel of at least three members of the commission, sitting as the
commission, shall review the record, findings and recommended order of
the hearing examiner. The panel shall thereafter accept or amend the
recommended order which shall become the order of the commission. All
orders shall be served on the complainant and respondent, and copies
shall be delivered to the attorney general and such other public officers
as the commission deems proper.
15. No order of the commission issued pursuant to this section shall
affect any contract, sale, encumbrance or lease consummated before the
issuance of such order and involving a bona fide purchaser without actual
notice of the charge filed pursuant to this section.
16. Any person aggrieved by an order of the commission may appeal as
provided in chapter 536, RSMo. (L. 1986 S.B. 513, A.L. 1992 H.B. 1619)
*Word "section" appears in original rolls.
(1993) Where plaintiff filed complaint with federal Equal Employment
Opportunity Commission within required time of alleged act of
discrimination, complaint is deemed to meet statutory time limit for
filing complaint under Missouri's human rights act. Claim for emotional
distress damages under Missouri human rights act is not preempted by
workers' compensation act. Gruben v. Famous-Barr Co., 823 F.Supp. 664
(E.D. Mo.).
(1994) Where plaintiff alleged racially discriminatory discharge in
administrative claim, claim of racial harassment in the workplace is not
sufficiently like or reasonably related to discriminatory discharge claim
to be deemed within the scope of the lawsuit and claimant could not bring
Missouri human rights act action based on unexhausted racial harassment
claim. Tart v. Hill Behan Lumber Co., 31 F.3d 668 (8th Cir.).
(1996) The Missouri Commission on Human Rights lacks jurisdiction on any
complaint not filed within 180 days of the alleged discriminatory act.
Hill v. St. Louis University, 920 F.Supp. 124 (E.D.Mo.).
(2000) Receipt of notice of termination, rather than date of termination,
begins running of period for filing wrongful termination claim. Foster v.
BJC Health System, 121 F.Supp.2d 1280 (E.D. Mo.).
1. When a written notice of hearing is issued alleging violation
of section 213.040, 213.045, 213.050, or 213.070, to the extent that the
alleged violation of section 213.070 relates to or involves violation of
one or more of such other sections or relates to or involves the
encouraging, aiding or abetting of violation of such sections, a
complainant or respondent may elect to have the claims asserted in that
complaint decided in a civil action under the provisions of this section
in lieu of a hearing pursuant to the provisions of section 213.075.
Written notice of an election made pursuant to this subsection shall be
filed with the commission and all parties within twenty days of the date
on which the written notice of hearing is placed in the mail by the
commission staff.
2. Where a party has made an election pursuant to the provisions of this
section, to have the claims asserted in a written notice issued by the
chairperson, decided in a civil action, the chairperson shall immediately
direct staff attorneys employed by the commission to commence and
maintain a civil action on behalf of the complainant. Such action shall
be commenced within thirty days of the election. All expenses of the
claimant related to a civil action brought under this section shall be
paid by the commission.
3. Any person aggrieved with respect to the issues to be determined in a
civil action instituted pursuant to this section may intervene as of
right in a civil action.
4. In a civil action instituted pursuant to this section, if the court
finds that an unlawful discriminatory practice has occurred or is about
to occur, the court may grant all relief as set forth in section 213.111.
If monetary relief is sought for benefit of an aggrieved person who is
not a party to the civil action, the court shall not award such relief if
such person has not complied with discovery orders issued by the court.
5. The commission shall have authority to hire such attorneys as may be
necessary to perform duties assigned to it pursuant to this section. (L.
1992 H.B. 1619)
1. During the period beginning with the filing of a complaint
under section 213.075, and ending with the filing of a charge, setting of
a complaint for hearing or dismissal of a complaint pursuant to the
provisions of that section, the executive director and the commission
staff shall, to the extent feasible, engage in settlement and/or
conciliation with respect to the complaint. Any settlement and
conciliation agreement negotiated during such period shall be an
agreement between the complainant and respondent and shall be subject to
approval by the executive director. Nothing said or done in the course of
settlement or conciliation under this section shall be made public or
used as evidence in any subsequent proceeding under this chapter, without
the written consent of the complainant and respondent.
2. If a complaint has been filed pursuant to section 213.055, 213.065 or
213.070, alleging commission of an unlawful employment practice or
discrimination in public accommodations:
(1) During investigation, the public shall not have access to records
relating to the complaint, nor shall any information relating thereto be
released to the public;
(2) During investigation, the complainant and respondent shall only have
access to records they provided until the point at which disclosure is
allowed at hearing, or if a request for civil action is made under
section 213.111 for a right to or other legal proceedings pursuant to
federal, state or local discrimination laws that require disclosure;
(3) Settlement agreements, executed during investigation shall be
disclosed to the public only by agreement of the complainant and
respondent;
(4) After closure of a complaint, the public may only have access to the
complaint and closure documents by agreement of the complainant and
respondent;
(5) Excluding a finding of probable cause, after an investigation
closure, the complainant and respondent may have access to the
investigative file except for sensitive or confidential records and
records relating to witnesses who have requested anonymity. With respect
to records that the commission has obtained from other government
agencies, the commission will observe any statutory confidentiality
provisions imposed on the originating agencies;
(6) A conciliation agreement shall be disclosed to the public only by
agreement of the complainant and respondent;
(7) After failure of conciliation attempts, the complainant and
respondent may have access to copies of the investigative file, except
for sensitive or confidential records and records relating to witnesses
who have requested anonymity;
(8) To achieve the purposes of this chapter, this subsection shall not
apply to disclosure of information to representatives of interested
federal, state or local civil or human rights agencies.
3. If a complaint is filed alleging violation of section 213.040,
213.045, 213.050, or 213.070, to the extent that the alleged violation of
section 213.070 relates to or involves violations of one or more of the
other above enumerated sections or relates to or involves the
encouraging, aiding or abetting of violation of such sections:
(1) The public, complainant and respondent shall have access to records
relating to the complaint in the same manner as set forth in subdivisions
(1), (2), (4), (5), (7), and (8) of subsection 2 of this section;
(2) Any settlement or conciliation agreement entered into by the
complainant and respondent shall be made public unless the parties
thereto otherwise agree and the executive director determines that
disclosure is not required to further the purpose of this chapter. (L.
1992 H.B. 1619)
1. All final decisions, settlement agreements, conciliation
agreements, findings, rules and orders of the commission under any
provision of this chapter shall be in writing. Parties to proceedings
shall each be sent a copy of the commission's decision and order in the
proceedings.
2. Any person who is aggrieved by a final decision, finding, rule or
order of the commission may obtain judicial review by filing a petition
in the circuit court of the county of proper venue within thirty days
after the mailing or delivery of the notice of the commission's final
decision.
3. Judicial review shall be in the manner provided by chapter 536, RSMo,
as it may be amended or superseded from time to time. The venue of such
cases shall, at the option of the appealing party, be in the circuit
court of Cole County or in the county of the appealing party's residence,
or if the appealing party is a corporation, domestic or foreign, having a
registered office or business office in this state, in the county of its
registered office or business office.
4. If no proceeding for review is instituted in the circuit court within
the time herein prescribed, the commission may obtain an order in a
proceeding brought in the circuit court of the county wherein the
unlawful discriminatory practice which is the subject of the commission's
order occurred, or the county wherein any person required in the order to
cease and desist from an unlawful discriminatory practice, or to take
other affirmative action, resides or conducts business. The record on the
commission's petition for enforcement shall consist solely of duly
certified records of the commission showing that it has jurisdiction over
the respondent, that the procedure prescribed by this action has been
complied with, and a certified copy of the commission's order with proof
of service. On such a petition, the inquiry of the court shall be limited
to a determination of whether the action of the commission is in excess
of its statutory authority or jurisdiction and whether the respondent has
substantially complied with the order of the commission.
5. Where no proceeding for judicial review is filed within the time
established under subsection 3 of this section, and the commission has
not filed a petition for enforcement of its order in the circuit court,
any person entitled to relief may, after the expiration of sixty days
from the date of the commission's order, file a petition for enforcement
of the commission's decision in a circuit court having proper venue
thereof. The contents of the petition and the jurisdiction of the court
shall be as set forth in subsection 4 of this section.
6. Where a suit for enforcement of a commission order has been filed
pursuant to either subsection 4 or 5 of this section, the circuit court
shall issue its order enforcing the commission decision, unless the party
against whom enforcement is sought affirmatively shows that:
(1) The court is without jurisdiction or venue;
(2) Such commission order violates the provisions of the constitution of
this state or of the United States;
(3) The commission order is beyond its statutory authority or
jurisdiction; or
(4) The party has substantially complied with the order of the commission.
7. Where the commission deems there has been a breach of the terms or
conditions of a settlement agreement or conciliation agreement, the
commission shall institute an action in circuit court to enforce the
terms of the agreement or to obtain the appropriate remedy for such
breach. Nothing in this subsection shall prohibit the parties to such
agreement from personally filing suit to enforce this subsection. (L.
1986 S.B. 513, A.L. 1992 H.B. 1619)
Any person who shall willfully violate an order of the
commission shall be guilty of a class C misdemeanor. (L. 1986 S.B. 513)
The provisions of this chapter shall be construed to accomplish
the purposes thereof and any law inconsistent with any provision of this
chapter shall not apply. Nothing contained in this chapter shall be
deemed to repeal any of the provisions of any law of this state relating
to the discrimination because of race, color, religion, national origin,
sex, ancestry, age, disability, or familial status. (L. 1986 S.B. 513 §
213.100, A.L. 1992 H.B. 1619, A.L. 1998 S.B. 786)
1. If, after one hundred eighty days from the filing of a
complaint alleging an unlawful discriminatory practice pursuant to
section 213.055, 213.065 or 213.070 to the extent that the alleged
violation of section 213.070 relates to or involves a violation of
section 213.055 or 213.065, or subdivision (3) of section 213.070 as it
relates to employment and public accommodations, the commission has not
completed its administrative processing and the person aggrieved so
requests in writing, the commission shall issue to the person claiming to
be aggrieved a letter indicating his or her right to bring a civil action
within ninety days of such notice against the respondent named in the
complaint. If, after the filing of a complaint pursuant to sections
213.040, 213.045, 213.050 and 213.070, to the extent that the alleged
violation of section 213.070 relates to or involves a violation of
sections 213.040, 213.045 and 213.050, or subdivision (3) of section
213.070 as it relates to housing, and the person aggrieved so requests in
writing, the commission shall issue to the person claiming to be
aggrieved a letter indicating his or her right to bring a civil action
within ninety days of such notice against the respondent named in the
complaint. Such an action may be brought in any circuit court in any
county in which the unlawful discriminatory practice is alleged to have
occurred, either before a circuit or associate circuit judge. Upon
issuance of this notice, the commission shall terminate all proceedings
relating to the complaint. No person may file or reinstate a complaint
with the commission after the issuance of a notice under this section
relating to the same practice or act. Any action brought in court under
this section shall be filed within ninety days from the date of the
commission's notification letter to the individual but no later than two
years after the alleged cause occurred or its reasonable discovery by the
alleged injured party.
2. The court may grant as relief, as it deems appropriate, any permanent
or temporary injunction, temporary restraining order, or other order, and
may award to the plaintiff actual and punitive damages, and may award
court costs and reasonable attorney fees to the prevailing party, other
than a state agency or commission or a local commission; except that, a
prevailing respondent may be awarded court costs and reasonable attorney
fees only upon a showing that the case is without foundation. (L. 1986
S.B. 513 § 213.110, A.L. 1992 H.B. 1619, A.L. 1998 S.B. 786, A.L. 1999
H.B. 741)
(1998) Right-to-sue letter is not a jurisdictional prerequisite but is a
condition precedent to bringing an action under MHRA. Whitmore v.
O'Connor Management, Inc., 156 F.3d 796 (8th Cir.).
(1999) Statute is insufficiently explicit to overcome presumption against
punitive damages when a municipality is the defendant. Kline v. City of
Kansas City, 175 F.3d 660 (8th Cir.).
(2003) Civil action for damages only is neither equitable nor
administrative in nature and thus is entitled to be tried by jury. State
ex rel. Diehl v. O'Malley, 95 S.W.3d 82 (Mo.banc).
Legally permissible actions pursuant to section 441.020, RSMo,
are subject to the provisions of this chapter only if a primary motive
for the section 441.020, RSMo, action is not any of the factors listed in
section 441.020, RSMo. (L. 1998 S.B. 786 § 1, A.L. 1999 H.B. 741)
1. Whenever the attorney general has a reasonable cause to
believe that any person or group of persons is engaged in a pattern or
practice of resistance to the full enjoyment of any of the rights granted
by this chapter or that any group of persons has been denied any of the
rights granted by this chapter, and such denial raises an issue of
general public importance, he may bring a civil action to any appropriate
state court by filing with it a complaint setting forth the facts and
requesting such preventive relief, including, but not limited to, an
application for a permanent or temporary injunction, restraining order,
or other order against the person or persons responsible for such pattern
or practice or denial of rights, as he deems necessary to ensure the full
enjoyment of the rights granted by this chapter.
2. If, at any time following the filing of a complaint alleging violation
of one or more of the provisions of sections 213.040 to 213.070, the
chairperson determines that prompt judicial action is necessary to carry
out the purposes of this chapter, the chairperson may authorize a civil
action for appropriate temporary or preliminary relief pending final
disposition of the complaint under the provisions of this chapter. Upon
receipt of such authorization, the attorney general may commence and
maintain an action seeking temporary or preliminary relief of an
equitable nature in the circuit court of the county in which the
respondent resides or in any county in which respondent conducts business.
3. Upon request by the commission, the attorney general shall take
appropriate action in circuit court to enforce a subpoena issued by the
commission.
4. The attorney general may file suit to enforce a settlement or
conciliation agreement or any order of the commission referred by the
commission or executive director. (L. 1986 S.B. 513 § 213.125, A.L. 1992
H.B. 1619)
1. No local commission shall have authority to hear complaints
of violations of this chapter unless such municipal or county commission
has first been certified to be substantially equivalent by the
commission. The commission shall certify a local commission as
substantially equivalent if the ordinance establishing the local
commission provides substantially similar protection of the procedural
rights of parties appearing before the local commission as are provided
for by the provisions of this chapter.
2. The commission shall review the certification of each local commission
at least once every five years to determine whether it is appropriately
safeguarding the procedural and substantive rights of parties appearing
before it. Should the commission determine that a local commission is not
adequately protecting the rights of parties appearing before it, it shall
direct the commission staff to enter into negotiations with the local
commission for the purpose of attempting to correct any deficiencies. Any
decision to decertify a local commission shall be appealable to circuit
court pursuant to the provisions of chapter 536, RSMo. (L. 1992 H.B. 1619)
1. Any local commission authorized under subsection 3 of section
213.020 and certified by the commission as substantially equivalent
shall, pursuant to the provisions of this section, have power and
authority to hear complaints of violations of this chapter that are
alleged to have been committed within the city, town, village or county
which created the commission, provided that no complaint against the
state of Missouri, including the University of Missouri system, or any
official, officer, employee, department, agency, or other agent or
servant thereof shall be entertained by a municipal or county commission
as authorized in subsection 3 of section 213.020. Such authority may only
be exercised in a manner consistent with the provisions of this chapter.
In furtherance of the authority granted in this section, local
commissions shall be empowered to hold hearings, subpoena witnesses,
compel their attendance, administer oaths, to take the testimony of any
person under oath, and to require the production for examination of any
books, papers or other materials relating to any matter under
investigation or in question before the commission.
2. Any local commission authorized under subsection 3 of section 213.020
may be empowered by the legislative body of the city, town, village or
county it serves to exercise the powers granted in this section, any
provision of law, charter or ordinance to the contrary notwithstanding.
3. Proceedings before the local commission shall be consistent with the
requirements of section 213.075, with the exceptions that in the context
of these proceedings, the references to the attorney general therein
shall apply to an attorney or counselor for the city, town, village or
county, and that contested cases before the local commission shall be
heard by a hearing examiner who shall present to the local commission, or
to a panel of members thereof, proposed findings of fact, proposed
conclusions of law, and a proposed order, or who shall, if the municipal
ordinance so provides, render findings of fact, conclusions of law, and
an order. Hearings before local commissions shall either be tape recorded
or held before a certified court reporter.
4. The order of a local commission shall not be final for appeal purposes
until filed with and reviewed by a hearing examiner of the commission.
The order shall be filed with the commission within thirty days of the
date the local commission entered its order. Within fifteen days of the
filing of the order the local commission shall transmit the transcript of
the hearing previously reduced to writing to the commission. The local
commission shall prepare the transcript of the hearing and file with it
all exhibits, whether received or rejected, with the commission. The
commission hearing examiner shall issue an opinion within ninety days of
receipt of the local commission's complete hearing record. Thirty days
from the date of issuance of the opinion, the order of the local
commission shall become final for purposes of appeal and may be appealed
in the same manner as any other decision of the commission as set out in
section 213.085. If no opinion is issued by the hearing examiner within
ninety days, the local commission's decision shall be considered final
for purposes of appeal and may be appealed in the same manner as any
other decision of the commission as set out in section 213.085.
5. If no appeal from a final order of a local commission has been filed
within thirty days, a petition for enforcement of the order may be filed
in the circuit court as provided in section 213.085.
6. Local commissions may adopt procedural rules relating to the
investigation, settlement and conciliation of complaints and conduct of
hearings, provided that such rules and regulations are consistent with
the provisions and spirit of this chapter. Such rules and regulations
shall be subject to review by the Missouri commission on human rights,
and shall not become effective until approved thereby. The commission
shall have authority to approve, disapprove, or approve with amendments
any local commission rules submitted to it. In the event that the
commission approves local commission rules and regulations with
amendments, such rules shall become effective when the amendments are
adopted by the local commission. (L. 1992 H.B. 1619)
If any section, subsection, subdivision, paragraph, sentence, or
clause of sections 213.010 to 213.135 is held to be invalid or
unconstitutional, such decision shall not affect any remaining portion,
section, or part thereof which can be given effect without the invalid
provision. (L. 1992 H.B. 1619 § 1)
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