It's not often that Monsanto comes to Missouri lawmakers to support legislature-imposed mandates on businesses.
But that's exactly what Tricia Workman, a lobbyist for the company, did Wednesday when she testified in a House committee hearing in favor of House Bill 407, which would add sexual orientation and gender identity to the protected categories in employment, housing and public accommodations.
Other companies, such as Express Scripts, and some business groups, like the St. Louis Regional Chamber of Commerce, also voiced support for the bill, sponsored by Rep. Stephen Webber, D-Columbia.
The Missouri Chamber of Commerce, however, didn't join the party. Jay Atkins, general counsel for the organization, said Missouri's employment law and litigation standards had to change before the chamber could support Webber's legislation.
Webber kept his remarks brief and quickly yielded the floor to witnesses testifying in favor of his bill.
Support
Kyle Piccola, a lobbyist with PROMO, a Missouri organization that works for lesbian, gay, bisexual and transgender equality, said several cities in Missouri have ordinances that protect LGBT people against being fired or evicted from their homes because of their identity. Some of these cities include Columbia, Kansas City and St. Louis.
"These cities are still standing," Piccola said. "There hasn't been an uptick in lawsuits."
More than 1,000 businesses in Missouri support legislation against discrimination based on sexual orientation and gender identity, Piccola said. The data was gathered by PROMO, which posted a partial list of the businesses in favor of the bill on the Missouri Workplace Equality website.
Some businesses requested their names not be posted online because they don't want to get involved in politics, Piccola said in an interview.
"Missourians support this. Businesses support this," Piccola said in the hearing. "It's time for Missouri to support this."
Ordinances in individual cities don't protect people the same way a state law would, said Matthew Ghio, a lawyer speaking on behalf of the Missouri Association of Trial Attorneys. Ghio has practiced civil rights and employment discrimination law.
In St. Louis, people who allege having been discriminated against based on sexual orientation and gender identity can't sue as private litigants, he said.
Discrimination complaints have to make their way through the St. Louis Civil Rights Enforcement Agency. That entity then sends the case to the city counselor, who ultimately decides whether to prosecute, Ghio said.
During his testimony, Piccola said 95 percent of Fortune 500 companies have policies that ban discrimination based on sexual orientation and gender identity.
Regardless, a state law is necessary, Ghio said. If protections by businesses are violated, it is extremely difficult for an employee alleging a breach of contract to bring a lawsuit against an employer, Ghio said.
House Bill 407 is a "pro-business measure," Hart Nelson with the St. Louis Regional Chamber said.
Opponents
While he didn't disagree with supporters' testimony, Atkins said the state chamber couldn't support the bill until the state changed its standard of review. He also said the chamber has internal policies against discrimination.
"To suggest that we are here to advocate for discrimination is offensive and untrue," he said.
Rep. Gina Mitten, D-St. Louis, said she was disappointed the chamber was "highjacking" Webber's bill to advocate another cause, which is changing the legal standard. She called the chamber's stance offensive.
Atkins said ignoring the connection between the two issues is disingenuous. He also said nationally, Missouri was not seen as "open to business" because of its litigation standards.
Ray McCarty, president of the Associated Industries of Missouri, said his organization couldn't support legislation that would invite a new line of lawsuits.
House Bill 407 targets small businesses and individuals and could force them to violate their personal conscience, Missouri Family Network President Kerry Messer said. The bill goes against "the constitutional standard of religious liberty," he said.
Ron Calzone, president of Missouri First, alluded to Piccola's statistic and said if 95 percent of companies have policies against discrimination, that's proof the free market is working. He added forcing small businesses to hire a "certain type of employee" could force other workers to leave.
Webber's bill would violate a person's freedom of association right, Calzone said. If you don't like how someone talks or the color of their eyes, you can choose not to associate with them, he said.
"In America, you have a right to discriminate as a private citizen," Calzone said.
Rep. Mike Colona, D-St. Louis, asked Calzone if he thought he had the right to discriminate against African Americans in employment.
"I think that I have the God-given freedom to discriminate as a private individual against anyone I want to," Calzone said.
Despite the opposition, Webber is optimistic about passing his bill this year.
"Every year we pick up a few more people, a few more co-sponsors, a few more people that vote in favor of it," Webber said in an interview.
The legislation didn't get a hearing in the House last year. In 2010, the bill was passed out of committee.