Employer – Employee: Race Discrimination-MHRA Amendment-Contributing Factor

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Where a white woman employed as a retail sales consultant claimed she was discriminated against by her African American supervisors, the trial court erred in applying the 2017 amendments to the Missouri Human Rights Act retroactively to her claims since they accrued prior to the effective date of the amendments, so the contributing factor standard should have been applied, and the judgment is reversed in part because the evidence created a genuine issue of material fact on the claims of racial discrimination and hostile work environment as to whether she suffered an adverse action, whether race was a contributing factor in the adverse action and whether she was damaged under the contributing-factor standard, but summary judgment for the employer is affirmed on the retaliation claim because the plaintiff failed to present evidence that the defendant committed an act of reprisal.

Judgment is affirmed in part; reversed in part and remanded.

Bram v. AT&T Mobility Serv. LLC (MLW No. 72483/Case No. WD81538 – 17 pages) (Missouri Court of Appeals, Western District, Ardini, J.) Appealed from circuit court, Cass County, Collins, J. (Charles R. Dickman for appellant) (David L. Schenberg for respondent).