Vetoed by Governor Jay Nixon

Vote Smart's Synopsis:

Vote to pass a bill that prohibits employers from retaliating against whistle-blowers and amends other workplace discrimination laws.

Highlights:

• Prohibits employers from firing or retaliating against a protected person because of that individual’s status as a protected person (Sec. A).

• Defines “protected person” as an individual who has reported an unlawful act by an employer to the authorities (Sec. A).

• Specifies that the individual's status as a protected person must be a “motivating factor” in the employer’s decision to retaliate against the individual (Sec. A).

• Authorizes the court to include the following types of losses in an award of punitive damages for workplace discrimination, whereas existing law did not authorize the inclusion of such losses (Sec. A):
• Future wage loss;
• Emotional pain;
• Suffering;
• Inconvenience;
• Mental anguish;
• Loss of enjoyment of life; and
• Other non-monetary losses.

• Limits punitive damages in workplace discrimination lawsuits to the amount of back pay, interest on back pay, court costs and reasonable attorney fees if granted by the court and other damages as follows (Sec. A):
• $50,000 for employers with 6 to 100 employees;
• $100,000 for employers with 101 to 200 employees;
• $200,000 for employers with 201 to 500 employees; or
• $300,000 for employers with 500 or more employees.

• Exempts the state of Missouri from the provisions of this bill, with the exception of claims for discriminatory housing practices (Sec. A).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits employers from retaliating against whistle-blowers and amends other workplace discrimination laws.

Highlights:

• Prohibits employers from firing or retaliating against a protected person because of that individual’s status as a protected person (Sec. A).

• Defines “protected person” as an individual who has reported an unlawful act by an employer to the authorities (Sec. A).

• Specifies that the individual's status as a protected person must be a “motivating factor” in the employer’s decision to retaliate against the individual (Sec. A).

• Authorizes the court to include the following types of losses in an award of punitive damages for workplace discrimination, whereas existing law did not authorize the inclusion of such losses (Sec. A):
• Future wage loss;
• Emotional pain;
• Suffering;
• Inconvenience;
• Mental anguish;
• Loss of enjoyment of life; and
• Other non-monetary losses.

• Limits punitive damages in workplace discrimination lawsuits to the amount of back pay, interest on back pay, court costs and reasonable attorney fees if granted by the court and other damages as follows (Sec. A):
• $50,000 for employers with 6 to 100 employees;
• $100,000 for employers with 101 to 200 employees;
• $200,000 for employers with 201 to 500 employees; or
• $300,000 for employers with 500 or more employees.

• Exempts the state of Missouri from the provisions of this bill, with the exception of claims for discriminatory housing practices (Sec. A).

Full Bill Text