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Missouri Senate Bill 43 Discrimination Enabling Law
Missouri Legislature Makes Discrimination Easier
On June 30, 2017, the Governor of Missouri signed Senate Bill 43 into law, making it easier to discriminate against you, a Missouri employee. The 2017 Missouri Republican business-friendly legislature is not disappointing its big-business enablers. The new law makes Plaintiffs prove that discrimination was the “motivating” factor in some adverse employment action, rather than a “contributing” factor. Missouri Senate Bill 43 is the latest plan to make it more difficult to hold employers liable for discrimination.
REAL WORLD SCENARIO
John Smith is a boss who wants to get rid of Employee “A” because of employee’s gender. But of course boss isn’t going to just call “A” into the office and say he doesn’t want any of “A’s” gender working for him. So he has to look for other reasons to terminate “A.” Over the course of the next month several employees are late for work, including Employee “A”. Boss doesn’t discipline any other employee for being late except for Employee “A”. He fires “A” on the spot.
Boss knows that Employee “A” has to prove that employee’s gender was a “motivating” factor in the termination, rather than just a “contributing factor” (partially motivated) in the determination. Its a tougher case to make.
THIS IS NOT BUSINESS FRIENDLY, IT ENABLES DISCRIMINATION
The Governor stated in his signing that he is trying to make it easier for businesses to operate in Missouri. It is a sad day when Missouri has to lure businesses to its state by making it easier to discriminate against its own working citizens!
Check out the bill for yourself below
Maintained by Attorney Phil Willoughby
Founded by Tim Willoughby, Esq. (1959-2013)
Phil is a Missouri employment lawyer who is licensed to practice in Kansas and Missouri, and primarily takes cases in Saint Louis and Kansas City. He is a member of the Missouri Bar Association and Kansas Bar Association. Additionally, he has practiced in the United States Federal Courts of Missouri in St. Louis and Kansas City. He has also practiced in the Kansas Federal District Court in Kansas City, Kansas.
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