EMPLOYMENT DISCRIMINATION DEMAND LETTER
Missouri Law
Missouri Human Rights Act, Mo. Rev. Stat. Section 213.010 et seq.
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, Missouri ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Missouri Bar No.]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]
[Date]
[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]
Re: Employment Discrimination Claim of [Client Full Name]
MCHR Charge No.: [If filed]
EEOC Charge No.: [If filed]
CONFIDENTIAL SETTLEMENT COMMUNICATION - MO. SUP. CT. R. 408
Dear [Mr./Ms./Mx. Last Name]:
This firm represents [Client Full Name] ("our client") regarding [his/her/their] claims of unlawful employment discrimination against [Company Legal Name] ("[Company Short Name]" or "the Company"). Please direct all further communications concerning this matter to our office.
We write to demand immediate action to remedy the unlawful discrimination and to resolve this matter without litigation. The Company's conduct violates both Missouri and federal anti-discrimination laws.
I. LEGAL FRAMEWORK
A. Missouri Human Rights Act (MHRA)
Missouri prohibits employment discrimination under the Missouri Human Rights Act, Mo. Rev. Stat. Section 213.010 et seq.
Protected Classes Under MHRA (Section 213.055):
- Race
- Color
- Religion
- National origin
- Ancestry
- Sex (including pregnancy)
- Disability
- Age (40-70)
B. Federal Anti-Discrimination Laws
| Statute | Protected Class | Citation |
|---|---|---|
| Title VII | Race, color, religion, sex, national origin | 42 U.S.C. Section 2000e et seq. |
| ADEA | Age (40+) | 29 U.S.C. Section 621 et seq. |
| ADA | Disability | 42 U.S.C. Section 12101 et seq. |
C. Missouri Commission on Human Rights (MCHR)
The MCHR enforces the MHRA and has a work-sharing agreement with the EEOC.
Administrative Exhaustion Required:
- Must file MCHR charge within 180 days of discriminatory act
- Must obtain right-to-sue letter before filing in court
- 90 days to file suit after receiving right-to-sue
II. FACTUAL BACKGROUND
A. Employment History
[Client Full Name] was employed by [Company Short Name] from [Start Date] through [End Date / Present] as a [Job Title] in [City], Missouri.
Employment Summary:
| Category | Details |
|---|---|
| Start Date | [Date] |
| Final Position | [Title] |
| Final Salary | $[Amount] per [year/hour] |
| Supervisor | [Name, Title] |
| Work Location | [Address] |
| Employment Status | [Terminated / Constructively Discharged / Still Employed] |
B. Protected Class Status
Our client is a member of the following protected class(es):
[ ] Race/Color: [Specify]
[ ] National Origin/Ancestry: [Specify]
[ ] Sex/Gender: [Specify]
[ ] Religion: [Specify]
[ ] Age: [Age, if 40-70]
[ ] Disability: [Describe disability and any accommodation requests]
C. Discriminatory Conduct
[Company Short Name] subjected our client to unlawful discrimination, including:
[ ] Disparate Treatment: [Describe]
[ ] Hostile Work Environment: [Describe]
[ ] Failure to Accommodate: [Describe]
[ ] Retaliation: [Describe]
[ ] Wrongful Termination: [Describe]
III. LEGAL CLAIMS
A. Violation of Missouri Human Rights Act (Section 213.055)
[Company Short Name] violated the MHRA by discriminating against our client based on [protected class].
Key MHRA Provisions:
- Applies to employers with 6+ employees
- Administrative exhaustion required
- Damage caps based on employer size
See Daugherty v. City of Maryland Heights, 231 S.W.3d 814 (Mo. 2007).
B. Violation of Title VII (If Applicable)
[Company Short Name] violated Title VII by discriminating against our client.
C. Retaliation (Section 213.070)
[Company Short Name] retaliated against our client for opposing discriminatory practices.
IV. DAMAGES
A. Economic Damages
| Category | Amount |
|---|---|
| Back Pay | $[Amount] |
| Lost Benefits | $[Amount] |
| Front Pay | $[Amount] |
| Subtotal | $[Amount] |
B. MHRA Damage Caps (Section 213.111)
| Employer Size | Combined Cap |
|---|---|
| 6-100 employees | $50,000 |
| 101-200 employees | $100,000 |
| 201-500 employees | $200,000 |
| 500+ employees | $500,000 |
C. Summary of Damages
| Category | Amount |
|---|---|
| Back Pay | $[Amount] |
| Compensatory Damages | $[Amount] |
| Punitive Damages | $[Amount] |
| Attorney's Fees | $[Amount] |
| TOTAL | $[Amount] |
V. SETTLEMENT DEMAND
We demand that [Company Short Name] pay $[Settlement Demand Amount] to resolve all claims.
VI. RESPONSE DEADLINE
Please respond within twenty-one (21) calendar days, no later than [Response Deadline Date].
VII. DOCUMENT PRESERVATION
Immediately implement a litigation hold to preserve all relevant documents.
VIII. CONFIDENTIALITY
This letter is a confidential settlement communication.
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[Missouri Bar No.]
MISSOURI-SPECIFIC PRACTICE NOTES (Do Not Include in Final Letter)
Key Missouri Considerations
[ ] Administrative Exhaustion Required: Must file with MCHR before court action
[ ] 180-Day Deadline: Shorter than some states; same as EEOC non-deferral deadline
[ ] Age Limit: MHRA protects ages 40-70 only (ADEA has no upper limit)
[ ] Damage Caps: Similar structure to Title VII but with $500,000 maximum
[ ] 6-Employee Threshold: Lower than federal 15-employee threshold
Venue Options
- Missouri Circuit Court: State court venue
- U.S. District Court, Eastern District of Missouri (St. Louis)
- U.S. District Court, Western District of Missouri (Kansas City)
Statute of Limitations Reference
| Claim | Deadline | Citation |
|---|---|---|
| MCHR Charge | 180 days | Mo. Rev. Stat. Section 213.075 |
| Suit after right-to-sue | 90 days | Mo. Rev. Stat. Section 213.111 |
| EEOC (deferral state) | 300 days | 42 U.S.C. Section 2000e-5(e) |