Missourians’ rights as employees, renters and home-buyers are under attack in the form of SB188, a bill that currently sits on Governor Nixon’s desk to be either approved or vetoed.
This legislation changes the language of the Missouri Human Rights Act to make it harder to prove discrimination in employment, and otherwise. If the bill succeeds, instead of having to show that discrimination was a “contributing factor” in an adverse action against an individual, a victim of discrimination will have to prove that discrimination was the “motivating factor.”
The bill makes it easier for employers and housing providers to hide behind other reasons besides discrimination for firings or mistreatment of individuals, or even simply ignorance of the law. In terms of employment, is also would place a cap on the punitive damages that could be charged to discriminating employers, erase individual liability against discriminators and greatly limit whistle-blower protections.
Despite the fact that this legislation has been brought to the table with the supposed assumption that it would bring state law closer to that of federal law, it ironically may do the opposite, making state law no longer substantially equivalent to federal law.
This could result in the closure of the Missouri Commission on Human Rights, a non-biased entity which seeks to determine the validity of discrimination cases, an could mean the state’s loss of roughly $1.1 million federal dollars.
Discrimination cases then would have to be taken on by federal entities such as H.U.D. and the Equal Employment Opportunity Commission. These organizations, if overwhelmed by the increased volume of cases, may resort to having out-of-state evaluators assessing Missouri discrimination cases.
Legislation that allows for discrimination is regressive policy and a step backwards for Missouri. Concerned Missouri citizens can contact the governor’s office to encourage a bill veto.