Senate Advances Bill Bringing Missouri Law in Line with Federal Civil Rights Act

The Missouri Senate gave second round approval today to a measure that would bring Missouri employment law provisions in line with the federal Civil Rights Act of 1964. Senate Bill 188, sponsored by Sen. Brad Lager, R-Savannah, would change state laws to mirror federal employment laws when it comes to discrimination. The bill now moves to the House for similar consideration. “We want Missouri employees to be protected from employers who break the law,” Lager said. “We can best do this by raising our standards to meet the provisions set out in the historic Civil Rights Act. Senate Bill 188 simply mirrors Missouri employment law with federal employment law so employers and employees have certainty across the board when it comes to their day in court.” The bill changes Missouri law to state that discrimination must be “a motivating factor” rather than “a contributing factor” in wrongful termination lawsuits, which is identical to language in the federal Civil Rights Act. It would also allow for summary judgments, guarantee jury trials, limit awards as outlined in federal law, and exclude managers and supervisors from being held individually liable. Lager noted Missouri’s employment law originally resembled federal law, but differences have surfaced through case law. “Unfortunately, Missouri courts have drastically changed Missouri employment law over the years,” said Lager. “It is important that the people of Missouri, through their elected representatives, ultimately shape our laws.” Senate Leader Robert N. Mayer, R-Dexter, said bringing certainty to employment law is an important step in legislative efforts aimed at putting Missourians back to work. “Currently there is no harmony in how employment law is treated between federal standards, state law and how our three appellate courts in Missouri have ruled on the law,” said Mayer. “By harmonizing our state employment law with federal employment law, Missouri companies can invest more in hiring new employees, rather than expansive legal fees to navigate a current system riddled with uncertainty.” The bill also addresses Missouri’s Whistleblower Protections by clarifying that the protections only apply to those employees who call attention to wrongdoing that is illegal, rather than allegations of wrongdoing where no law was broken.

Rep. Jerry Nolte’s Legislation to Restore Co-Employee Liability Protection Receives Committee Approval

A Missouri House committee gave approval Thursday to legislation sponsored by state Rep. Jerry Nolte, R-Gladstone, that would protect Missouri workers and businesses by restoring liability protection taken away by the courts last summer. The House Workforce Development and Workplace Safety Committee approved HB 91 by a unanimous vote of 12-0.

House Bill 91 would restore co-employee liability protection in the Missouri’s Workers Compensation. The bill specifically addresses an issue raised last year when a court ruling allowed an injured worker to sue a co-worker after already settling a workers' compensation claim against his employer. Nolte’s legislation would reinstate liability protection to employees in cases where a workers compensation claim is settled. However, employees would still be liable in situations where injury is caused by the employee’s unprovoked violence or assault against another employee.

“The workers’ compensation reforms of 2005 and the court ruling made last year have had the unintended consequence of creating a negative environment for workers and employers in Missouri. The court ruling stripped away co-employee liability protection and opened up a floodgate of potential lawsuits by injured employees against co-workers,” said Nolte. “The end result is that it makes it more difficult for employers to hire and retain employees especially in supervisory roles when there is an increased chance the employee may be subjected to a lawsuit. Restoring co-employee liability protection will allow us to reverse these dangerous court decisions and get back to the original intent of the reforms made in 2005.”

HB 91 now awaits approval by the House Rules Committee before moving to the House floor for discussion.