213.010. Definitions. - Missouri Statutes

Definitions.

213.010. As used in this chapter, the following terms shall mean:

(1) "Age", an age of forty or more years but less than seventy years,except that it shall not be an unlawful employment practice for an employer torequire the compulsory retirement of any person who has attained the age ofsixty-five and who, for the two-year period immediately before retirement, isemployed in a bona fide executive or high policy-making position, if suchperson is entitled to an immediate nonforfeitable annual retirement benefitfrom a pension, profit sharing, savings or deferred compensation plan, or anycombination of such plans, of the employer, which equals, in the aggregate, atleast forty-four thousand dollars;

(2) "Commission", the Missouri commission on human rights;

(3) "Complainant", a person who has filed a complaint with thecommission alleging that another person has engaged in a prohibiteddiscriminatory practice;

(4) "Disability", a physical or mental impairment which substantiallylimits one or more of a person's major life activities, being regarded ashaving such an impairment, or a record of having such an impairment, whichwith or without reasonable accommodation does not interfere with performingthe job, utilizing the place of public accommodation, or occupying thedwelling in question. For purposes of this chapter, the term "disability"does not include current, illegal use of or addiction to a controlledsubstance as such term is defined by section 195.010, RSMo; however, a personmay be considered to have a disability if that person:

(a) Has successfully completed a supervised drug rehabilitation programand is no longer engaging in the illegal use of, and is not currently addictedto, a controlled substance or has otherwise been rehabilitated successfullyand is no longer engaging in such use and is not currently addicted;

(b) Is participating in a supervised rehabilitation program and is nolonger engaging in illegal use of controlled substances; or

(c) Is erroneously regarded as currently illegally using, or beingaddicted to, a controlled substance;

(5) "Discrimination", any unfair treatment based on race, color,religion, national origin, ancestry, sex, age as it relates to employment,disability, or familial status as it relates to housing;

(6) "Dwelling", any building, structure or portion thereof which isoccupied as, or designed or intended for occupancy as, a residence by one ormore families, and any vacant land which is offered for sale or lease for theconstruction or location thereon of any such building, structure or portionthereof;

(7) "Employer" includes the state, or any political or civil subdivisionthereof, or any person employing six or more persons within the state, and anyperson directly acting in the interest of an employer, but does not includecorporations and associations owned and operated by religious or sectariangroups;

(8) "Employment agency" includes any person or agency, public orprivate, regularly undertaking with or without compensation to procureemployees for an employer or to procure for employees opportunities to workfor an employer and includes any person acting in the interest of such aperson;

(9) "Executive director", the executive director of the Missouricommission on human rights;

(10) "Familial status", one or more individuals who have not attainedthe age of eighteen years being domiciled with:

(a) A parent or another person having legal custody of such individual;or

(b) The designee of such parent or other person having such custody,with the written permission of such parent or other person. The protectionsafforded against discrimination on the basis of familial status shall apply toany person who is pregnant or is in the process of securing legal custody ofany individual who has not attained the age of eighteen years;

(11) "Human rights fund", a fund established to receive civil penaltiesas required by federal regulations and as set forth by subdivision (2) ofsubsection 11 of section 213.075, and which will be disbursed to offsetadditional expenses related to compliance with the Department of Housing andUrban Development regulations;

(12) "Labor organization" includes any organization which exists for thepurpose, in whole or in part, of collective bargaining or of dealing withemployers concerning grievances, terms or conditions of employment, or forother mutual aid or protection in relation to employment;

(13) "Local commissions", any commission or agency established prior toAugust 13, 1986, by an ordinance or order adopted by the governing body of anycity, constitutional charter city, town, village, or county;

(14) "Person" includes one or more individuals, corporations,partnerships, associations, organizations, labor organizations, legalrepresentatives, mutual companies, joint stock companies, trusts, trustees,trustees in bankruptcy, receivers, fiduciaries, or other organized groups ofpersons;

(15) "Places of public accommodation", all places or businesses offeringor holding out to the general public, goods, services, privileges, facilities,advantages or accommodations for the peace, comfort, health, welfare andsafety of the general public or such public places providing food, shelter,recreation and amusement, including, but not limited to:

(a) Any inn, hotel, motel, or other establishment which provides lodgingto transient guests, other than an establishment located within a buildingwhich contains not more than five rooms for rent or hire and which is actuallyoccupied by the proprietor of such establishment as his residence;

(b) Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain,or other facility principally engaged in selling food for consumption on thepremises, including, but not limited to, any such facility located on thepremises of any retail establishment;

(c) Any gasoline station, including all facilities located on thepremises of such gasoline station and made available to the patrons thereof;

(d) Any motion picture house, theater, concert hall, sports arena,stadium, or other place of exhibition or entertainment;

(e) Any public facility owned, operated, or managed by or on behalf ofthis state or any agency or subdivision thereof, or any public corporation;and any such facility supported in whole or in part by public funds;

(f) Any establishment which is physically located within the premises ofany establishment otherwise covered by this section or within the premises ofwhich is physically located any such covered establishment, and which holdsitself out as serving patrons of such covered establishment;

(16) "Rent" includes to lease, to sublease, to let and otherwise togrant for consideration the right to occupy premises not owned by theoccupant;

(17) "Respondent", a person who is alleged to have engaged in aprohibited discriminatory practice in a complaint filed with the commission;

(18) "Unlawful discriminatory practice", any act that is unlawful underthis chapter.

(L. 1959 H.B. 266 § 1, A.L. 1978 H.B. 949 & 1266, A.L. 1986 S.B. 513, A.L. 1992 H.B. 1619, A.L. 1998 S.B. 786)

(1995) Where a defendant was president, sole director and sole shareholder of corporation which was joint defendant, individual defendant was granted summary judgment in suit alleging that defendants violated the Missouri human rights act by terminating plaintiff's employment because of a disability or handicap. The definition of "employer" in this section does not subject employees, including supervisors or managers, to individual liability. Lenhardt v. Basic Institute of Technology, Inc. 55 F.3d 377 (8th Cir.).

(1998) State university cannot invoke sovereign immunity under Missouri human rights act. H. S. v. Board of Regents, 967 S.W.2d 665 (Mo.App.E.D.).

(2006) Definition of "employer" in section imposes individual liability in event of discriminatory conduct. Cooper v. Albacore Holdings, Inc., 204 S.W.3d 238 (Mo.App.E.D.).