In this photo taken on Wednesday, Jan. 9, 2013, ahead of the upcoming Chinese lunar new year of the Snake, following the the Chinese zodiac, a genetically modified, auspicious, white snake is displayed at the altar at the the Temple of White Snakes in Taoyuan county, in north western Taiwan. Director of the temple Lo Chin-shih said the new year of the snake would be a time of steady progress, in contrast to the more turbulent nature of the outgoing year of the dragon. The Chinese new year fall on Feb. 10. (AP Photo/Wally Santana)
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In this photo taken on Wednesday, Jan. 9, 2013, ahead of the upcoming Chinese lunar new year of the Snake, following the the Chinese zodiac, a genetically modified, auspicious, white snake is displayed at the altar at the the Temple of White Snakes in Taoyuan county, in north western Taiwan. Director of the temple Lo Chin-shih said the new year of the snake would be a time of steady progress, in contrast to the more turbulent nature of the outgoing year of the dragon. The Chinese new year fall on Feb. 10. (AP Photo/Wally Santana)
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In this photo taken on Wednesday, Jan. 9, 2013, Director of the Temple of White Snakes Lo Chin-shih holds a genetically modified, auspicious, white snake as he talks about its significance in the upcoming Chinese lunar new year of the snake according to the lunar zodiac calendar in Taoyuan county, in north western Taiwan. Lo said the new year of the snake would be a time of steady progress, in contrast to the more turbulent nature of the outgoing year of the dragon. The Chinese new year fall on Feb. 10. (AP Photo/Wally Santana)
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In this photo taken on Wednesday, Jan. 9, 2013, ahead of the Chinese lunar new year of the Snake, following the Chinese zodiac, a stuffed snake sits the altar at the Temple of White Snakes in Taoyuan county, in north western Taiwan. Director of the temple Lo Chin-shih said the new year of the snake would be a time of steady progress, in contrast to the more turbulent nature of the outgoing year of the dragon. The Chinese new year fall on Feb. 10. (AP Photo/Wally Santana)
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FILE - In this Jan. 18, 2013 file photo, an assistant shop clerk works near a newly unveiled gold snake on display for sale ahead of the upcoming Chinese lunar new year, the year of the Snake, at a jewelry shop in Hong Kong. The 380 gram-gold snake is for sale at HK$200,000 (US$25,800). Chinese New Year remains the most important festival in the region, a weeklong round of family reunions, temple visits, and gastronomic excess. (AP Photo/Kin Cheung, File)
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In this Jan. 28, 2013 photo, snake farm worker Zhu Liangfa played with a snake at the Snake Culture Museum in Zisiqiao village, Zhejiang Province, China, known as China’s first snake village where raising more than 3 million snakes a year and they are used for traditional medicinal products and food. According to the twelve signs of the Chinese zodiac, the year 2013 marks the year of the snake. (AP Photo/Eugene Hoshiko)
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In this Jan. 28, 2013 photo, a visitor holds a snake at the Snake Culture Museum in Zisiqiao village, Zhejiang Province, China, known as China’s first snake village where raising more than 3 million snakes a year and they are used for traditional medicinal products and food. According to the twelve signs of the Chinese zodiac, the year 2013 marks the year of the snake. (AP Photo/Eugene Hoshiko)
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In this Jan. 29, 2013 photo, snake farm worker Zhu Liangfa holds a snake at the Snake Culture Museum in Zisiqiao village, Zhejiang Province, China, known as China’s first snake village where raising more than 3 million snakes a year and they are used for traditional medicinal products and food. According to the twelve signs of the Chinese zodiac, the year 2013 marks the year of the snake. (AP Photo/Eugene Hoshiko)
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In this Jan. 29, 2013 photo, snake farm worker Zhu Liangfa prepares for the snake wine at the Snake Culture Museum in Zisiqiao village, Zhejiang Province, China, known as China’s first snake village where raising more than 3 million snakes a year and they are used for traditional medicinal products and food. According to the twelve signs of the Chinese zodiac, the year 2013 marks the year of the snake. (AP Photo/Eugene Hoshiko)
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The Mardi Gras Bacchus parade rolled through New Orleans as planned on Sunday, despite both a threat from the weather and a weekend shooting that left four people injured. Residents said they were determined to show the city's positive side. (Feb. 11)
Mo. House panel mulls change to worker lawsuits
JEFFERSON CITY, Mo. (
AP) — Republicans are hoping the third time is a charm for a measure a Missouri House committee considered Monday that would make it harder for employees to win lawsuits alleging workplace discrimination.
Democratic Gov. Jay Nixon has vetoed similar legislation each of the last two years. But with a veto-proof Republican majority in both legislative chambers, the bill could have a different fate this year.
The measure sponsored by Rep. Kevin Elmer would require workers who file suit over an employer's action to prove that discrimination was a "motivating factor." The change would mirror the standard currently used in federal courts, as Missouri law allows employees to win workplace lawsuits if discrimination is a "contributing factor."
Elmer, R-Nixa, said the bill would cut down on expensive and lengthy trials by allowing judges to dismiss lawsuits early if they do not meet the higher standard. The bill would also cap the amount of damages an employee can be awarded.
Tina Trickey's husband, Jim, won $760,000 in 2011 from a federal court during his age discrimination lawsuit against his former employer. She told the committee the bill assumes that all companies are going to do the right thing and not discriminate against their employees.
"(This bill) does not protect the employees, it protects the corporations. They don't need protection," Trickey said.
Separate from the workplace lawsuit provisions, Elmer's measure could also reduce protections for employees who report wrongdoing in the workplace.
The legislation would restrict "whistleblower" status to an employee who reports an illegal act to a law enforcement agency or the employer's human resources representative. It would not allow whistleblowers reporting illegal acts to their immediate supervisor to sue and collect damages if an employer retaliates. It also places caps on how much money a whistleblower can recover from their employer if they are fired.
The committee did not vote on the bill Monday and gave no timetable for future action.
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The workplace discrimination bill is HB320
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