JEFFERSON CITY – Early Thursday morning, the Missouri Senate passed legislation to bring fairness to Missouri employers who struggle more and more to get a fair shake in Missouri’s courts. After 14 hours of a filibuster, Sen. Brad Lager’s employment law reform bill, Senate Bill 592, was amended to narrow its focus in an effort to get the bill to a vote. That bill would require workers who bring wrongful termination lawsuits to prove discrimination was a "motivating factor" - not simply a contributing factor - in the employer's action. The legislation also would apply to other wrongful discrimination actions, such as the denial of promotions.
In cases where employers were found to have wrongfully discriminated, the legislation would tie punitive damages to a maximum award of $300,000.
“This is an important first step toward fairness for Missouri’s job creators who have been plagued by a decade of court decisions that have eroded our state’s laws and plunged the standards for bringing discrimination cases in Missouri to among the lowest in the nation,” said Missouri Chamber President Daniel P. Mehan.
Similar legislation was passed by the General Assembly last legislative session, but was vetoed by Gov. Jay Nixon. As was the case last session, debate of the bill continues to be surrounded by misinformation distributed by opponents of the legislation, specifically the Missouri Association of Trial Attorneys, a group that has a great deal to lose by making it tougher to file frivolous lawsuits in Missouri. Trial attorneys have filled political campaign coffers with contributions to buy influence. For example, the well-known plaintiff’s attorneys from Gray, Ritter & Graham this week wrote a check for $100,000 to the Gov. Nixon re-election campaign.
“This bill absolutely still gives protection to employees who are truly discriminated against,” Mehan said. “Discrimination is wrong and absolutely should not be allowed. It has no place in our businesses. If we allow people to say that Senate Bill 592 permits discrimination, they must also admit say that the federal Civil Rights Act also permits discrimination. That is a ridiculous claim. Continuing this charade is a disservice to the founders of our Civil Rights Act, who worked hard to provide justice for all people. They would not have supported a law that is weighted against a certain sector of people and right now, our system is weighted against employers.”
Hundreds of Missouri Chamber members sent letters to lawmakers giving first-hand testimony about the unfair environment they often face in court.
The Missouri Chamber of Commerce and Industry (www.mochamber.com) was founded in 1923 and is the largest business organization in Missouri, representing almost 3,000 employers, providing more than 425,000 jobs for Missourians.