For the
purposes of this Chapter, the following terms shall be deemed to have
the meanings indicated below:
AGE
An age of forty (40) or more years but less than seventy
(70) years, except that it shall not be an unlawful employment practice
for an employer to require the compulsory retirement of any person
who has attained the age of sixty-five (65) and who, for the two (2)
year period immediately before retirement, is employed in a bona fide
executive or high policy-making position, if such person is entitled
to an immediate non-forfeitable annual retirement benefit from a pension,
profit sharing, savings or deferred compensation plan, or any combination
of such plans, of the employer, which equals, in the aggregate, at
least forty-four thousand dollars ($44,000.00).
BONA FIDE OCCUPATIONAL QUALIFICATION (BFOQ)
An occupational qualification essential to the performance
of the job in question. The "BFOQ" exception will be interpreted narrowly
and the burden of proving that a prohibited basis is a "BFOQ" rests
upon the party seeking to rely upon the exception. Customer or employer
preference or historical usage, tradition or custom or stereotyped
characterizations will not merit the exception.
COMMISSION
The Missouri Commission on Human Rights.
COMPLAINANT
A person who has filed a complaint with the Commission alleging
that another person has engaged in a prohibited discriminatory practice.
DISABILITY
A physical or mental impairment which substantially limits
one (1) or more of a person's major life activities, being regarded
as having such an impairment, or a record of having such an impairment,
which with or without reasonable accommodation does not interfere
with performing the job, utilizing the place of public accommodation,
or occupying the dwelling in question. For purposes of this Chapter,
the term "disability" does not include current, illegal
use of or addiction to a controlled substance as such term is defined
by Section 195.010, RSMo.; however, a person may be considered to
have a disability if that person:
1.
Has successfully completed a supervised drug rehabilitation
program and is no longer engaging in the illegal use of, and is not
currently addicted to, a controlled substance or has otherwise been
rehabilitated successfully and is no longer engaging in such use and
is not currently addicted;
2.
Is participating in a supervised rehabilitation program and
is no longer engaging in illegal use of controlled substances; or
3.
Is erroneously regarded as currently illegally using, or being
addicted to, a controlled substance.
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.
DWELLING
Any building, structure or portion thereof which is occupied
as, or designed or intended for occupancy as, a residence by one (1)
or more families, and any vacant land which is offered for sale or
lease for the construction or location thereon of any such building,
structure or portion thereof.
EMPLOYEE
Any person employed by an employer.
EMPLOYER
Includes the State, or any political or civil subdivision
thereof, or any person employing six (6) or more persons within the
State, and any person directly acting in the interest of an employer,
but does not include corporations and associations owned and operated
by religious or sectarian groups.
EMPLOYMENT AGENCY
Any person undertaking to procure employees for an employer
or to procure for employees opportunities to work for an employer.
FAMILIAL STATUS
One (1) or more individuals who have not attained the age
of eighteen (18) years being domiciled with:
1.
A parent or another person having legal custody of such individual;
or
2.
The designee of such parent or other person having such custody,
with the written permission of such parent or other person.
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The protection afforded against discrimination on the basis
of familial status shall apply to any person who is pregnant or is
in the process of securing legal custody of any individual who has
not attained the age of eighteen (18) years.
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HOUSING FOR OLDER PERSONS
Housing:
1.
Provided under any State or Federal program that the Commission
determines is specifically designed and operated to assist elderly
persons, as defined in the State or Federal program;
2.
Intended for, and solely occupied by, persons sixty-two (62)
years of age or older; or
3.
Intended and operated for occupancy by at least one (1) person
fifty-five (55) years of age or older per unit.
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Housing qualifies as housing for older persons under this Chapter
if:
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1.
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The housing has significant facilities and services specifically
designed to meet the physical or social needs of older persons, or
if the provision of such facilities and services is not practicable,
that such housing is necessary to provide important housing opportunities
for older persons;
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2.
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At least eighty percent (80%) of the units are occupied by at
least one (1) person fifty-five (55) years of age or older per unit;
and
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3.
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The owner or manager of the housing has published and adhered
to policies and procedures which demonstrate an intent by said owner
or manager to provide housing for persons fifty-five (55) years of
age or older.
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LABOR ORGANIZATION
Includes any organization which exists for the purpose, in
whole or in part, of collective bargaining or of dealing with employers
concerning grievances, terms or conditions of employment, or for other
mutual aid or protection in relation to employment.
PERSON
Includes one (1) or more individuals, corporations, partnerships,
associations, organizations, labor organizations, legal representatives,
mutual companies, joint stock companies, trusts, trustees, trustees
in bankruptcy, receivers, fiduciaries or other organized groups of
persons.
PLACES OF PUBLIC ACCOMMODATION
All places or businesses offering or holding out to the general
public goods, services, privileges, facilities, advantages or accommodations
for the peace, comfort, health, welfare and safety of the general
public or such public places providing food, shelter, recreation and
amusement including, but not limited to:
1.
Any inn, hotel, motel or other establishment which provides
lodging to transient guests, other than an establishment located within
a building which contains not more than five (5) rooms for rent or
hire and which is actually occupied by the proprietor of such establishment
as his/her residence;
2.
Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain
or other facility principally engaged in selling food for consumption
on the premises including, but not limited to, any such facility located
on the premises of any retail establishment;
3.
Any gasoline station, including all facilities located on the
premises of such gasoline station and made available to the patrons
thereof;
4.
Any motion picture house, theater, concert hall, sports arena,
stadium or other place of exhibition or entertainment;
5.
Any public facility owned, operated or managed by or on behalf
of this State or any agency or subdivision thereof, or any public
corporation; and any such facility supported in whole or in part by
public funds; or
6.
Any establishment which is physically located within the premises
of any establishment otherwise covered by this Section or within the
premises of which is physically located any such covered establishment,
and which holds itself out as serving patrons of such covered establishment.
RENT
Includes to lease, to sublease, to let and otherwise to grant
for consideration the right to occupy premises not owned by the occupant.
RESPONDENT
A person who is alleged to have engaged in a prohibited discriminatory
practice in a complaint filed with the Commission.