SB43: A Call to Action

This session, the General Assembly passed SB43, a rollback of discrimination and whistleblower protection laws in the state of Missouri. The bill is currently sitting on Governor Eric Greitens’ desk awaiting action. He has three choices: he can sign the bill into law; he can take no action on the bill at which time it will automatically become law on June 26th; or, he can veto the legislation.

I encourage you to contact Governor Greitens’ office to ask him to veto this legislation. Please find information on the bill and potential talking points below.

Gov. Greitens’ phone: 573-751-3222

Submit comments electronically or mail letters to:

Office of Gov. Greitens

 P.O. Box 720

Jefferson City, MO 65102

Read the full text of SB43 here 

General Information and Summary of the Bill

This bill significantly ratchets up the extent of evidence that an individual would need to provide when bringing a charge of discrimination in a Missouri State Court. It would force an employee (or potential employee) to show that discrimination was the motivating factor in the discriminatory action, rather than a contributing factor. It forces the aggrieved employee to prove that the employer’s discriminatory action would not have been taken “but for” the employee’s race, sex, or other protected status. This would make it very difficult to prove the intent to discriminate when any other excuse might be provided.  It would also remove individual liability from supervisors, managers, other employees, etc., leaving the only allowable recourse against the business or corporation itself. Further, it would allow employees, including government workers, to be fired, without recourse, when blowing the whistle regarding illegal acts occurring in the workplace. 

 

Talking Points

  • SB 43 would open the door to greater workplace discrimination in Missouri, harming our family, friends, and fellow citizens.
  • SB 43 rolls back worker protections currently in place under the Missouri Human Rights Act. 
  • SB 43 would make discrimination claims more difficult to prove than under current federal law.
  • SB 43 would make protection against discrimination and whistleblower retaliation far weaker than in a majority of other states.
  • SB 43 would roll back the rights that women, religious, and racial minority groups have fought so hard to win.
  • SB 43 is sponsored by a senator who is currently being sued under the very discrimination law he wants to gut.
  • SB 43 undermines whistleblower protections. If someone sees and reports fraud or waste in the workplace or in government, they will not be protected from being fired.
  • Whistleblowers should be protected, not discouraged from reporting dangerous or illegal behavior.

 

Articles for reference: