Colorblind: Special Edition - SB43

The governor of Missouri signed into law SB43, which modifies the state law relating to unlawful discrimination claims. The bill raises the burden of proof for an employee, requiring that the motivating factor standard be met. This means that the employee must prove that belonging to a protected class played a role in the discriminatory act. The former state law required that protected classification be a contributing factor to the decision to discriminate against the employee. Further, the bill repeals provisions and definitions related to employment agencies and employment.

The NAACP responded with a swift denouncement of the bill, calling it the "Jim Crow Bill," and asserting that this law will allow for more discrimination within the state of Missouri. Further, the NACCP issued a travel advisory for the state of Missouri, shown below.

These arguments are not far fetched, and a fear of increased discriminatory practices with a decrease in protections is growing. With the adoption of the motivation standard comes a risk of increased discrimination where protected classification is a contributory factor, thus shielding the actor from litigation. I am interested in exploring the nature of complaints filed after SB43 is in effect, August 28th.



CBS Coverage on NAACP Advisory