Section 213.076

Title XII PUBLIC HEALTH AND WELFARE

Chapter 213

Effective - 28 Aug 1992   

  213.076.  Notice relating to aiding and abetting, civil action — commencement of action — intervention — relief — authority of commission. — 1.  When a written notice of hearing is issued alleging violation of section 213.040, 213.045, 213.050, or 213.070, to the extent that the alleged violation of section 213.070 relates to or involves violation of one or more of such other sections or relates to or involves the encouraging, aiding or abetting of violation of such sections, a complainant or respondent may elect to have the claims asserted in that complaint decided in a civil action under the provisions of this section in lieu of a hearing pursuant to the provisions of section 213.075.  Written notice of an election made pursuant to this subsection shall be filed with the commission and all parties within twenty days of the date on which the written notice of hearing is placed in the mail by the commission staff.

  2.  Where a party has made an election pursuant to the provisions of this section, to have the claims asserted in a written notice issued by the chairperson, decided in a civil action, the chairperson shall immediately direct staff attorneys employed by the commission to commence and maintain a civil action on behalf of the complainant.  Such action shall be commenced within thirty days of the election.  All expenses of the claimant related to a civil action brought under this section shall be paid by the commission.

  3.  Any person aggrieved with respect to the issues to be determined in a civil action instituted pursuant to this section may intervene as of right in a civil action.

  4.  In a civil action instituted pursuant to this section, if the court finds that an unlawful discriminatory practice has occurred or is about to occur, the court may grant all relief as set forth in section 213.111.  If monetary relief is sought for benefit of an aggrieved person who is not a party to the civil action, the court shall not award such relief if such person has not complied with discovery orders issued by the court.

  5.  The commission shall have authority to hire such attorneys as may be necessary to perform duties assigned to it pursuant to this section.

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(L. 1992 H.B. 1619)