Employment Law: MHRA-Right-To-Sue Letter-Subject-Matter Jurisdiction

Where a trial court dismissed a defendant employer’s motion to dismiss in an age-discrimination action, agreeing with the employer’s argument that the court lacked subject-matter jurisdiction because there was not an allegation in the petition that the plaintiff had received her right-to-sue letter from the Commission on Human Rights even though the employer knew the letter had been issued, the court erred in conflating statutory prerequisites to a Missouri Human Rights Act Claim with subject-matter jurisdiction, and the judgment is reversed and remanded because statutory prerequisites are not jurisdictional pleading requirements.

Judgment is reversed and remanded.

McDonald v. Chamber of Commerce (MLW No. 73253/Case No. WD81938 – 11 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.) Appealed from circuit court, Jackson County, Garrett III, J. (Lynne J. Bratcher, Marie L. Gockel and Antonette DuPree, Independence, for appellant) (Sean M. Sturdivan and Nickolas C. Templin, Overland Park, Kansas, for respondent).