Missouri — Workplace Discrimination

The Missouri Human Rights Act (MHRA) prohibits employment discrimination based on race, color, religion, national origin, sex, ancestry, age, and disability. Age protection covers individuals 40 through 69 years old. The Act applies to employers with six or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, a lower threshold than the federal 15-employee requirement under Title VII.

Source: RSMo § 213.055; RSMo § 213.010

A discrimination complaint under the Missouri Human Rights Act must be filed with the Missouri Commission on Human Rights (MCHR) within 180 days from the last date of the alleged discrimination. This deadline is shorter than the federal EEOC deadline of 300 days for states with work-sharing agreements. Failure to file within 180 days may be raised as a complete defense by the employer at any stage of proceedings, including litigation, regardless of whether MCHR has issued a right-to-sue letter.

Source: MCHR Filing Information; RSMo § 213.075

Under RSMo § 213.111(2), a court in an MHRA action may grant injunctions, temporary restraining orders, and other equitable relief, and may award actual damages, punitive damages, and reasonable attorney fees to the prevailing party (with a prevailing respondent entitled to attorney fees only upon a showing that the case was without foundation). RSMo § 213.111(3) grants any party the right to a trial by jury.

Damage caps tied to employer size

RSMo § 213.111(4) caps the combined sum of actual damages—including damages for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses—plus punitive damages awarded under the Act. The cap for each complaining party is tied to the employer's number of employees:

• More than 5 but fewer than 100 employees: $50,000
• 100 or more but fewer than 200 employees: $100,000
• 200 or more but fewer than 500 employees: $200,000
• 500 or more employees: $500,000

These caps exclude back pay and interest on back pay, meaning an employer's liability for lost wages (from the date of the discriminatory act through judgment) remains uncapped. Attorney fees are also outside the statutory cap and are separately recoverable.

Constitutional right to jury trial

In State ex rel. Diehl v. O'Malley, 95 S.W.3d 82, 84 (Mo. banc 2003), the Missouri Supreme Court held that plaintiffs have a right under Article I, Section 22(a) of the Missouri Constitution "to have [a] Missouri Human Rights Act civil action, for damages only, tried by a jury." This constitutional right is independent of the statutory provision in § 213.111(3).

Effective date of the damage caps

The damage cap structure in § 213.111(4) became effective August 28, 2017, pursuant to Senate Bill 43 (2017). The statute itself notes "Effective - 28 Aug 2017" with two prior legislative histories. Claims that accrued before August 28, 2017 are governed by the prior version of the MHRA, which applied different standards for damages.

Burden of proof in employment actions

RSMo § 213.111(5) specifies that in any employment-related civil action brought under the MHRA, the plaintiff bears the burden of proving the alleged unlawful decision or action was made or taken "because of his or her protected classification and was the direct proximate cause of the claimed damages." This causation standard—direct proximate cause and motivating-factor proof—was also enacted in SB 43 and represents a departure from the pre-2017 "contributing factor" standard.

Source: RSMo § 213.111; State ex rel. Diehl v. O'Malley, 95 S.W.3d 82 (Mo. banc 2003)