On June 30, the governor of Missouri signed a bill that the NAACP claims allows for legal discrimination. In response, the national civil rights group issued a travel warning for Americans in Missouri.
SB 43, which takes effect on August 28, states that in order for an act to be discriminatory, the employee must prove that a protected classification (i.e. race, gender, sexual orientation) was a “motivating factor” of the discriminatory action. The employee must also prove that the action in question directly caused the alleged damages.
Before this modification, an action was illegal if a protected classification was a “contributing factor” in the discriminatory action, a condition which required less evidence.
“Under 43, the plaintiff must prove that bias was, in effect, the sole reason that explains the treatment he or she received,” Gerald Early, chair of African and African American Studies at Washington University in St. Louis, wrote.
The NAACP announced the travel warning at its national conference last week. “Individuals traveling in the state are advised to travel with extreme CAUTION,” the warning says. According to the organization, the bill “prevent[s] individuals from protecting themselves from discrimination, harassment, and retaliation in Missouri.”
The warning is considered imperative by the state’s long history of “race, color, and gender based crimes,” including the death of unarmed teenager Michael Brown at the hands of Missouri police. In Missouri, an African-American is 75% more likely to be stopped by police than Caucasians.
“Senate Bill 43 guts the Missouri Human Rights Act — a piece of legislation that was both innovative, inclusive and modeled what our democracy should champion: equal rights for all,” Jeffrey Mittman, ACLU executive director, said in a statement.
The advisory is the first in NAACP history. The organization urges residents to “warn [their] families, co-workers and anyone visiting Missouri to beware of the safety concerns with travel in Missouri.”
The NAACP confirmed that the advisory would remain in effect until the bill is repealed.
