Tag Archives: missouri commission on human rights

Missouri Court Rules Discrimination Does Not Require A Specific, Discrete Adverse Employment Action

In Missouri, in order to make a claim for discriminatory harassment, the individual has to be able to show four things:

  1. The individual is a member of a protected class (race, color, religion, national origin, ancestry, sex, disability, or age);
  2. The individual suffered harassment related to their protected class;
  3. The harassment occurred because the individual belonged to the protected class; and
  4. A “term, condition, or privilege” of the individual’s employment was affected by the harassment.

The question faced in a recent Missouri appellate decision is whether the fourth requirement can be met even in a scenario where someone has not suffered from one specific act that caused economic harm. Fuchs v. Dept. of Revenue, WD77155 (Mo. App. W.D. Aug. 26, 2014).  Hit the jump for the details… Continue reading

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Discrimination Time Limits – Missouri’s Unique Requirement

When an individual in Missouri files a complaint of discrimination with the Equal Employment Opportunity Commission (EEOC), the timelines are relatively straightforward: the complaint must be filed within 180 days of the last discriminatory event and then a lawsuit must be filed within 90 days of receiving the right-to-sue letter from the EEOC.  Unfortunately, Missouri law contains an extra caveat, one that almost brought a recent litigant’s claim to an early end.  See Plengemeier v. Thermadyne Indus. Inc., No. ED99193 (Mo. App. E.D. June 4, 2013).

Hit the jump for the Show-Me state quirk… Continue reading

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