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Mar 13, 2020

Civil Rights: Racial Discrimination-MHRA-Respondeat Superior

Where the mother of a child, who had been called a racially derogatory name by a substitute teacher, sued the school district and the temporary service that employed the teacher, the trial court erred by applying a direct negligence standard to determine the defendants’ liability for the teacher’s conduct and should have instead applied respondeat […]

Jan 17, 2020

Employment: MHRA-Retaliation-Accommodation Request

Where a university staff scientist, who suffered from herniated discs, sued the university and a supervisor for retaliation after her termination, on an issue of first impression the court finds that an accommodation request under the Missouri Human Rights Act is insufficient to support a claim of retaliation, so the judgment for the plaintiff is […]

Dec 26, 2019

Employment: Disability Discrimination-MHRA-Jury Instructions

Where plaintiff employee challenged a jury verdict against her on her action for damages on claims of disability discrimination and retaliation under the Missouri Human Rights Act, the evidence did not establish that the employer regarded the employee as  having a physical impairment that had a substantial impact on a major life activity, so the […]

Oct 25, 2019

Employment Law: MHRA-Interstate Compact Defense

Where a bus company service manager, who claimed his former employer engaged in discriminatory practices, challenged the grant of judgment on the pleadings in favor of the defendant on his petition seeking damages under the Missouri Human Rights Act, the judgment is affirmed because the defendant was not required to file a writ of mandamus […]

May 28, 2019

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 […]

May 28, 2019

Civil Rights: MHRA-Right-To-Sue Letter-Judicial Review

Where a mass-transit district challenged the dismissal of its petition for review of a right-to-sue letter issued to a blind bus customer by the Missouri Commission on Human Rights, the commission did not exceed its authority in issuing the right-to-sue letter to the customer, and the transit district was not entitled to de novo judicial […]

Mar 11, 2019

Transgender teen’s case has wider implications of state liability

The Missouri Supreme Court made headlines on Feb. 26 with a ruling that allows a case to proceed for a transgender teen who sued to obtain access to school restrooms that align with his gender identity.

Mar 11, 2019

Employment Law: MHRA-Arbitration-Mutual Consideration

  Where a former employee sued her employer for gender discrimination, sexual harassment and retaliation, and the employer sought to compel arbitration, the trial court properly denied the motion to compel arbitration because the employer had the power to unilaterally amend the agreement and avoid its obligations, so the promise to arbitrate was illusory and […]

Mar 4, 2019

Employment Law: MHRA-Sexual Orientation-Sex Stereotyping

MHRA Sexual Orientation Sex Stereotyping   Where a male and female employee brought claims of sex discrimination and retaliation against their employer arguing that the male, who was gay, was discriminated against based on sex and retaliation, and that the female was subjected  to discriminatory treatment for being his friend, the trial court erred in […]

Jan 8, 2019

Employer-Employee: Retaliation-MHRA-Attorneys’ Fees

Where a school district employer challenged a judgment against it on claims of retaliation brought by security-officer employees under the Missouri Human Rights Act, the judgment is affirmed because the plaintiffs presented sufficient evidence to submit the case to the jury and to support the jury instructions, and the trial court did not abuse its […]

Sep 7, 2018

Civil Rights :  Inmate Action – MHRA – Handicap-Accessible Facilities

State ex rel. James Naugles v. Missouri Commission on Human Rights (MLW No. 72018/Case No. WD81135 – 14 pages) (Missouri Court of Appeals, Western District, Ahuja, J.)

Sep 7, 2018

Civil Rights : MHRA –  Burden Of Proof

Jordan v. Bi-State Development Agency (MLW No. 72032/Case No. ED106158 – 8 pages) (Missouri Court of Appeals, Eastern District, Hess, J.)

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