Missouri Revised Statutes

Chapter 314
Discriminatory Practices

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Denial of credit based on sex or marital status of applicantprohibited.

314.100. No person, upon proper application, shall be denied credit solely on account of sex or marital status, except as may be required to comply with section 408.200, and except that any creditor may require the signature of both husband and wife on the credit instrument.

(L. 1974 S.B. 427 § 2)

Damages authorized.

314.105. Any person injured by reason of a violation of sections 314.100 to 314.115 and section 408.250 may institute an action to recover compensatory damages and if the violation is willful, punitive damages not to exceed one thousand dollars in the aggregate.

(L. 1974 S.B. 427 § 3)

Notice a prerequisite to suit.

314.110. Before institution of any action for the recovery of damages under the provisions of sections 314.100 to 314.115 and section 408.250, the party allegedly injured by reason of a violation of sections 314.100 to 314.115 and section 408.250 shall give notice in writing to the creditor who allegedly caused the damages at least thirty days prior to the institution of the action stating the nature of the damages and requesting appropriate action. No action for the recovery of damages shall lie against a creditor or potential creditor if credit is extended to the party allegedly denied credit within thirty days after notice has been received as provided in this section.

(L. 1974 S.B. 427 § 4)

Limitation on action.

314.115. No action for the recovery of damages under the provisions of sections 314.100 to 314.115 and section 408.250 shall be commenced after one year from the date credit was denied as herein provided. The limitation on the commencement of action provided in this section shall be tolled for the same reasons and in the same manner as other limitations on the bringing of actions under the provisions of chapter 516.

(L. 1974 S.B. 427 § 5)

Denial of license for criminal conviction, prohibited when, effect.

314.200. No board or other agency created pursuant to laws of the state of Missouri, or by any city, county or other political subdivision of the state, for the purpose of licensing applicants for occupations and professions may deny a license to an applicant primarily upon the basis that a felony or misdemeanor conviction of the applicant precludes the applicant from demonstrating good moral character, where the conviction resulted in the applicant's incarceration and the applicant has been released by pardon, parole or otherwise from such incarceration, or resulted in the applicant being placed on probation and there is no evidence the applicant has violated the conditions of his probation. The board or other agency may consider the conviction as some evidence of an absence of good moral character, but shall also consider the nature of the crime committed in relation to the license which the applicant seeks, the date of the conviction, the conduct of the applicant since the date of the conviction and other evidence as to the applicant's character.

(L. 1981 S.B. 125 § 1)


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