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Missouri Senate Bill 188 on Employment Law Heads to Governor's Desk

Senate Bill 188 passed and is sent to Nixon for signature.  According the the Missouri Chamber of Commerce:

Language in the bill approved by the Senate is crafted to reflect federal standards used in the Title VII and the Civil Rights Act of 1964. SB 188 seeks to address problems by capping damages, allowing the courts to utilize summary judgment and changing the standard of review for a finding of discrimination to that of “a motivating factor” rather than the present “a contributing factor.” The caps as proposed utilize a sliding scale of combined compensatory and punitive damages caps ranging from $50,000 to $300,000.

SB 188 also seeks to codify whistleblower protection, so that whistleblower protection applies when an employee alerts proper authorities to an actual illegal act, and establishes caps on compensatory damages under the MHRA based on the number of employees who work at a business. At present, the whistleblower protections are not in statute and leads to inconsistent rulings.

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About this Author

John F. Cowling, Litigation Attorney, Armstrong Teasdale, Law firm

An accomplished litigator, John Cowling counsels organizations through a range of strategic business decisions. He practices primarily in the areas of general litigation, environmental litigation and information technology law.