05/23/2017
This is a letter I just sent to the Governor all who feel the same should write him. DJM
Governor Greitens,
You have on your desk for consideration Senate Bill 43. It makes it much more difficult to recover for discrimination based upon race, s*x, religion, national origin, and disability. If prohibits a personal claim against the actual wrongdoer. Even if he has s*xually or physically assaulted the victim. Aside from the injustice of providing personal immunity to individuals who consciously seek to undermine the humanity of their fellow man it throws into the very expense federal court virtually every discrimination case against a foreign corporation. It has numerous provisions designed to make it very difficult and expensive and time consuming to prove a case.
The drafters of this bill obviously do not trust our fellow citizens to dispense justice from a Jury box. But the right to have juries decide these questions is guaranteed in our constitution and, as we all learned in Grade schools, goes back 802 years to the Great Charter.
Some of the injustices of this bill may not be easily understood by our fellow lay citizens but the one that they will understand is that part of it called with horrible irony the "Whistle-Blower Protection Act." Which should be named “The Act to Eliminate Whistle Blower protection under Missouri Law.”
It says:
"An employee of an employer is not a "protected person" if: (a) The employee is a supervisory, managerial, or executive employee or an officer of his or her employer and the unlawful act or serious misconduct reported concerns matters upon which the employee is employed to report or provide professional opinion."
It is hard for even a lawyer to believe his eyes when he reads this. It means what it says. The people most qualified to know what is being done illegally [the safety director, the comptroller, the food safety supervisor etc.] are not protected if they get fired for demanding compliance with the law.
Even persons who have a whistle blower case are limited to a max of twice their lost wages and no attorney fees.
This statute wipes out whistle-blower protection in Missouri. Corporation are free to fire employees who report the dangerous or fraudulent illegal wrong doing of that corporation. Whistleblower employees of the state are also without protection.
The statute says that their employer can punish the employee, and the family that depends upon them, for fulfilling that citizen’s obligation to their fellow citizens, to the law, and to God to stand up against wrong doing.
If you permit this bill to become law you have done a great wrong which will not be forgotten.
Daniel J. McMichael