The Missouri Legislature is considering restrictions on the rights of workers. Workers have had protection from discrimination in the past, but HB 205 & SB 188 are currently pending and will restrict the rights of whistle blowers and others in the workplace.

What is the current law on employment discrimination?

Current law prohibits employers from discriminating against employees because of their religion, race, color, national origin, sex, ancestry, age (between 40 and 70) or disability. In order to prove to a jury the discrimination occurred, the employee must prove the protected characteristic was a contributing cause of the firing or other negative employment decision. The employee can hold both the company and the individual who actually did the discriminating accountable.

What happens when an employer discriminates against an employee?
Employees who feel discrimination occurred can file a complaint with the Missouri Human Rights Commission. After an investigation the commission will either take disciplinary action or will provide the employee with a “Right to Sue” letter allowing the employee to take the issue to a jury.

How would this bill affect employees who have been mistreated by their employer?
This bill would prevent the employee from holding the person who discriminated against him accountable. It also tells Missouri judges and juries that we have to follow Federal courts instead of our own.

In addition, the bill would place limits on the amount the employee is able to recover. Limits allow the employer to calculate the exact cost of discrimination and get away without any real consequence. Punitive damages punish repeat offenders or behavior that shocks the conscience of the jury.