JEFFERSON CITY — Clear lines were drawn yesterday as employer groups lined up against advocates for civil and disability rights over whether to put new limits on discrimination cases.

The Missouri Coalition of School Administrators likes the bill; the Missouri National Education Association does not. The measure, sponsored by Sen. Brad Lager, R-Savannah, is on a fast track to the Senate floor and has the backing of a coalition that includes the Missouri Chamber of Commerce and Industry and the National Federation of Independent Businesses.

After a hearing on the bill, Lager said it was designed to put the brakes on a court system clogged in litigation. “We cannot allow an imbalanced court and overzealous trial lawyers to plague the economy of our state,” he said.

Lager is chairman of the Commerce, Consumer Protection, Energy and the Environment Committee, and he said he expects a vote on the bill tomorrow.

The key provisions would make it harder to win discrimination complaints and would cap damage awards so the largest companies pay no more than $500,000 plus back pay. Lager’s bill puts the same limits on awards to whistle-blowers punished or fired for reporting illegal activity by their companies. The legal standards and award limits mirror federal law, supporters argue.

Gov. Jay Nixon vetoed a similar bill last year, telling lawmakers it eroded important civil rights protections. As he explained his bill, Lager said he had made important concessions to those concerns and that the bill still needed fine-tuning.

The first witness, attorney James Paul of the Ogletree Deakins law firm in Chesterfield, said his work defending employers showed that unfair claims of discrimination are a growing problem. “These claims have now become an avenue for employees or former employees to bring lawsuit and leverage their claims without having any underlying evidence of discrimination or harassment,” he said.

Missouri NAACP President Mary Ratliff of Columbia, who testified near the end of the hearing, said the bill makes discrimination financially affordable.

It “turns back civil rights laws over 50 years and makes it cheaper and easier for business to discriminate,” Ratliff said.

That’s a poor image for Missouri, when affordable discrimination “perniciously claims to be an economic development incentive,” Ratliff said.

The bill would add several protections against liability for employers and managers. Discrimination and whistle-blower suits could only be filed against employers. To prevail in a lawsuit, the first hurdle for a complaining employee would be that the discrimination was a “motivating factor” in a firing or demotion.

In addition, an employer would be able to win the case in the face of direct evidence of discrimination if the employer can convince a judge the same action would have occurred “regardless of the evidence submitted.”

Rich AuBuchon, general counsel for the chamber, told lawmakers the legal scales are tipped against employers. Missouri has a more permissive standard for proving discrimination than federal law, he said, and that is costing employers money and making employers think twice about locating here.

“We represent businesses throughout the state of Missouri who are telling us that the law we currently have offers a pro-plaintiff atmosphere,” AuBuchon said.

Several disability groups sent representatives to ask lawmakers to oppose the bill. Sara Smania, representing the Deaf Empowerment Awareness Foundation, said deaf people on average earn less than people who can hear. That makes it less likely they will be able to buy the legal help needed to pursue a claim, she said.

“Why is it your desire to reduce the rights of deaf people to work?” Smania asked.

Reach Rudi Keller at 573-815-1709 or e-mail rkeller@columbiatribune.com.

This article was published on page A10 of the Wednesday, January 11, 2012 edition of The Columbia Daily Tribune.

In this video news edition:

• The Hammer Movie Night
• Women Needed: Audition
• Parents Workshop
• This Month’s HandSpeak
• Welcome MoAD Members!

Note: The video is in sign language and captioned for the non-signers.

Right now, an employer cannot legally fire an employee if their deafness is a “contributing” factor to the decision. This would be decided by a jury hearing all the evidence. Under the propose new law, a deaf person would instead have to prove that their deafness was a “motivating” factor of the employer. Basically, the change would make it easier for employers to claim that they fired a deaf person for other reasons. The problem is that employers rarely admit that they fired a person because of deafness. Unless a deaf person can provide evidence that their employer fired them because they were deaf, they may not have a chance to have their case decided by a jury.

There is a public hearing about this bill on 1/10/12 at 3:00 pm at the Senate Lounge in Jefferson City Capitol.

Thank you to Tom Green from Paraquad for keeping his eye on the legislative ball! Read below for more information from Tom Green about this bill and what you can do to help…

The rush of harmful legislation targeting people with disabilities’ civil rights has begun! Missouri Senate Commerce, Consumer Protection, Energy and the Environment committee is set to hear public testimonies about SB592. This bill is similar to the SB188 that was vetoed by Governor Nixon last year. Your opinion about the bill is very important. Please contact the committee members and let them know what you think of SB592. Your advocacy in the opposition of the bill is important and it does count.

http://www.senate.mo.gov/12info/BTS_Web/Bill.aspx?SessionType=R&Bil
lID=9271

SB592 -Modifies the law relating to the Missouri Human Rights Act and
employment discrimination

The public hearing is on 1/10/12 at 3:00 pm at the Senate Lounge in Jefferson City Capitol. If you need an interpreter for the hearing, please contact the Senate Administration office and request for an interpreter first thing Monday morning.  They need at least 48 hours in advance to get an interpreter, but the sad thing is that this hearing was tentative until yesterday afternoon when the Senate actually referred the bill to the committee.

The rule of giving public testimony is: any individual can give testimony. You will need to fill out a Testimony form. Please do bring a typed testimony or you will need to write what you said on the testimony form. Any individual wanting to represent an organization, for example, representing MOAD, only one person can testify on behalf of MOAD.

To ensure that you are on the agenda for public testimony, please contact Senator Brad Lager (573) 751-1415, the committee chair and inform him that you want to testify, and it doesn’t hurt to let him know if you are testifying in support, in opposition or to give more information about the bill.

Sincerely,
Thomas Green

For update on this matter go to:  http://blog.deafinc.org/2012/01/12/bill-would-limit-discrimination-lawsuits/

March 27-29, 2012
Hosted by the Missouri School for the Deaf

Location:
Deaf Empowerment Awareness Foundation, Inc.
25 East Frisco Avenue
St. Louis, MO 63119

Limited enrollment, so register now!

Early bird registration: $250 ($325 after February 1, 2012)
Registration deadline: February 27, 2012
Registration fee includes all materials, lunch, and snacks.

Join one of the most successful national programs for encouraging families to read daily in American Sign Language with their deaf or hard of hearing children!

The Shared Reading Project: Keys to Success Training for Site Coordinators offers schools and programs a three-day comprehensive training program on how to set up a Shared Reading Project site. The training covers topics such as preparing staff, communicating with families, engaging tutors, setting up a lending library of Shared Reading Book Bags, and budget planning and advertising.

For more information: SRP registration

Thursday, December 15 2011

ST. JOSEPH — Aside from Santa’s usual duties of making a list and checking it twice, he finds time to inspire a community in several ways.

Even though he may not be on Christmas duty, he’ll still put on his red suit and make his big, bushy beard look nice.

At MERIL, the Midland Empire Resources for Independent Living, he’s handing out presents at bingo night.

And he’s doing it without the ability to see or hear. Click below to read more.

Santa Giving Presents Without Sight and Sound

Sharing Our News in Our Language – ASL!

Vol.3 Issue 24
December 15, 2011

In this week’s video news, we recapped up many events – Turkey Chase, MCDHH Town Hall, HandSpeak and Deaf Awareness at the Blues game! Plus, we are excited to announce the launch of our new deaf-friendly website! We have many events coming up in 2012!  Watch the video for more information.  Click below to watch.

DEAF Inc. eNews: Many Event Recaps and More!

That’s the reality for millions of people who suffer from hearing loss.

Quincy University held a Deaf Awareness Day on campus Friday and did something to get people’s attention; they made a statement without saying a word. Students and staff went the whole day communicating only by sign language, to show how difficult it can be.

“We want to make sure everyone knows about deaf culture, about sign language. Trying to develop more awareness so that people know how hard it is for deaf people to communicate and more hearing people need to know,” signed Paul Kiel, American Sign Language Teacher at Quincy University.

Students and staff wore blue ribbons today to bring attention to the discrimination against the deaf.

To watch video, click here.

The Center for Hearing & Speech is the only local organization that helps those who lack the financial ability to buy a hearing aid. Unfortunately, at the end of the year, when funds run dry, many are left on the Center’s waiting list. If more funding was available, these people could get their hearing aid and experience the holidays to their fullest.

Read more: http://www.klou.com/cc-common/mainheadlines3.html?feed=391342&article=9465887#ixzz1gLRR6dM2

By Holly Kohn > Parkway West High School | Posted: Tuesday, November 8, 2011 9:30 am

On July 3, 1994, Seth Betzler cried for the first time. However, his mom could not hear him.

Seventeen years later, Betzler, a Parkway West High School junior, still is not able to communicate with his mom through the spoken language.

“The first thing about my mom is not that she is deaf, but that she is actually a normal person and really independent,” Betzler said. “She might not be the normal mother figure, but she has struggled her whole life.”

Betzler’s mom, Lisa Betzler, was born deaf. She learned how to read lips well, which aids her in conversations with hearing people. She also speaks, but her speech is sometimes difficult for others to understand.

“My relationship with my mom is pretty funny,” Betzler said. “We get along just fine, and we’re pretty close. However, we’re also mean to each other, but it’s always in good fun.”

Betzler started to learn sign language to communicate with his mom as a toddler. His house was full of alphabet and sign language books to help Betzler and his two brothers, one older and one younger.

“As a little kid, I used to brag about my mom, saying ‘my mom is deaf and your mom isn’t,’” Betzler said.

To read the rest of the article, click here.

http://www.southcountytimes.com/hc.e.177954.lasso