213.076. Notice relating to aiding and abetting, civil action--commencement of action--intervention--relief--authority of commission. - Missouri Statutes

Notice relating to aiding and abetting, civil action--commencement ofaction--intervention--relief--authority of commission.

213.076. 1. When a written notice of hearing is issuedalleging violation of section 213.040, 213.045, 213.050, or213.070, to the extent that the alleged violation of section213.070 relates to or involves violation of one or more of suchother sections or relates to or involves the encouraging, aidingor abetting of violation of such sections, a complainant orrespondent may elect to have the claims asserted in thatcomplaint decided in a civil action under the provisions of thissection in lieu of a hearing pursuant to the provisions ofsection 213.075. Written notice of an election made pursuant tothis subsection shall be filed with the commission and allparties within twenty days of the date on which the writtennotice of hearing is placed in the mail by the commission staff.

2. Where a party has made an election pursuant to theprovisions of this section, to have the claims asserted in awritten notice issued by the chairperson, decided in a civilaction, the chairperson shall immediately direct staff attorneysemployed by the commission to commence and maintain a civilaction on behalf of the complainant. Such action shall becommenced within thirty days of the election. All expenses ofthe claimant related to a civil action brought under this sectionshall be paid by the commission.

3. Any person aggrieved with respect to the issues to bedetermined in a civil action instituted pursuant to this sectionmay intervene as of right in a civil action.

4. In a civil action instituted pursuant to this section,if the court finds that an unlawful discriminatory practice hasoccurred or is about to occur, the court may grant all relief asset forth in section 213.111. If monetary relief is sought forbenefit of an aggrieved person who is not a party to the civilaction, the court shall not award such relief if such person hasnot complied with discovery orders issued by the court.

5. The commission shall have authority to hire suchattorneys as may be necessary to perform duties assigned to itpursuant to this section.

(L. 1992 H.B. 1619)