WORKPLACE DISCRIMINATION AND WHISTLE-BLOWER LAW

Last week the Senate again took up SCS/SB 592 (Brad Lager) for floor debate on February 1.  It was in session debating the bill for nearly fifteen hours before reaching an agreement to end the filibuster effort at about 1:20 a.m. It endorsed legislation early February 2 that would change the state’s workplace discrimination laws.

Wes Duplantier of The Associated Press wrote in The Columbia-Missourian:

Fearful of reversing decades of hard-fought civil rights gains, Democrats held the Senate floor for hours Wednesday and into early Thursday morning, vowing to block a preliminary Senate vote on the bill.

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 company’s number of employees, with a maximum award of $300,000. Political subdivisions, such as city governments, would not be liable for any punitive damages.

I encourage you to read Wes’ full article (linked above) to hear how especially Senator Maria Chappelle-Nadal, a member of the Legislative Black Caucus who led the filibuster effort by speaking against the original bill for 10 hours, plans to continue to oppose this  erosive piece of legislation.

Personally I enjoyed listening to the live audio cast during the hour or so after midnight. Senator Chappelle-Nadal read from the works of famous black authors, notably Langston Hughes of the Harlem Renaissance.

The House brought up HB 1219 (Kevin Elmer) briefly on February 1 for floor debate and then placed the bill on the Informal Calendar. The MNEA opposes HB 1219. The bill is substantially the same as SCS/SB 592.