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.