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Employer – Employee : MHRA – Statute Of Limitations – Preemption
Stephanie Maniscalco//April 5, 2018
Employer – Employee : MHRA – Statute Of Limitations – Preemption
Stephanie Maniscalco//April 5, 2018
Where an employee brought claims for discrimination and retaliation under the Missouri Human Rights Act against a staffing agency and an employer, the employee failed to file her petition within the 90-day statute of limitations, so the claims were time barred, and the trial court abused its discretion by allowing the employee to amend her petition to include common law claims of negligence and wrongful discharge because the claims were preempted by the act.
Writs made permanent.
State ex rel. Church & Dwight Company Inc. v. Collins (MLW No. 71530/Case No. SC95976 – 9 pages) (Supreme Court of Missouri, Breckenridge, J.; all concur) Original proceedings in prohibition (Jennifer K. Oldaver and Patrick F. Hulla, Kansas City, Missouri, and Jennifer M. Hannah, Tedrick A. Housh III and Henry W. Tanner Jr., Kansas City, Missouri, for relators) (Todd M. Johnson and Brett T. Votava, Kansas City, Missouri, for employee).
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