For the purposes of this Chapter, the following terms shall
be deemed to have the meanings indicated below:
BECAUSE or BECAUSE OF
As it relates to the adverse decision or action, the protected
criterion which was the motivating factor.
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
Conduct proscribed herein, taken because of race, color,
religion, national origin, ancestry, sex, or 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.
FAMILIAL STATUS
1.
One (1) or more individuals who have not attained the age of
eighteen (18) years being domiciled with:
a.
A parent or another person having legal custody of such individual;
or
b.
The designee of such parent or other person having such custody,
with the written permission of such parent or other person.
2.
The protection afforded against discrimination because 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.
HOUSING FOR OLDER PERSONS
1.
Housing:
a.
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;
b.
Intended for, and solely occupied by, persons sixty-two (62)
years of age or older; or
c.
Intended and operated for occupancy by at least one (1) person
fifty-five (55) years of age or older per unit.
2.
Housing qualifies as housing for older persons under this Chapter
if:
a.
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; and
b.
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
c.
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.
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;
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.
It shall be unlawful for any bank, building and loan association,
insurance company or other corporation, association, firm or enterprise
whose business consists in whole or in part in the making of commercial
real estate loans to deny a loan or other financial assistance because
of race, color, religion, national origin, ancestry, sex, disability
or familial status to a person applying therefor for the purpose of
purchasing, construction, improving, repairing or maintaining a dwelling,
or to discriminate against him/her in fixing of the amount, interest
rate, duration or other terms or conditions of such loan or other
financial assistance because of the race, color, religion, national
origin, ancestry, sex, disability or familial status of such person
or of any person associated with him/her in connection with such loan
or other financial assistance, or of the present or prospective owners,
lessees, tenants or occupants of the dwellings in relation to which
such loan or other financial assistance is to be made or given.
It shall be unlawful to deny any person access to or membership
or participation in any multiple listing service, real estate brokers'
organization or other service organization or facility relating to
the business of selling or renting dwellings because of race, color,
religion, national origin, ancestry, sex, disability or familial status.