MISSOURI HUMAN RIGHTS ACT AS APPLIED TO BI-STATE ENTITY
The Eastern District Court of Appeals upheld the application of parallel legislation, a bi-state agency cannot unilaterally impose liability from one state as opposed to the other. The Bi-State Development Agency is a creation of Missouri and Illinois, which conditioned liability for human rights violations on differing levels of culpability. “[T]he increase in potential employer liability that accompanied the different burdens of proof under the [Missouri law and Illinois law] imposed an impermissible unilateral burden[.]” Therefore, pleading Missouri’s lesser “contributing factor” standard for showing a human rights violation was insufficient to state a claim against the Bi-State Development Agency, and pleading Illinois’ higher “motivating factor” standard was necessary.
https://www.courts.mo.gov/file.jsp?id=129415