FEPA Discrimination Charge and Right-to-Sue Procedure — Missouri

FEPA Discrimination Charge and Right-to-Sue Procedure (MISSOURI)

Quick-Reference Summary

Part A — Pre-Filing Eligibility Memo

MEMORANDUM — PRIVILEGED AND CONFIDENTIAL

TO: File — [CLIENT NAME]
FROM: [ATTORNEY NAME], Mo. Bar No. [________]
DATE: [__/__/____]
RE: Pre-Filing Eligibility Analysis — MCHR Charge under MHRA Chapter 213 (Post-SB 43)

1. Client and Employer Identification

2. Coverage Analysis

☐ Employer has 6+ employees in 20+ calendar weeks of current/preceding year (§ 213.010(7))
☐ Employer is not exempt (religious organization, certain corporations sole)
☐ Complainant is an "employee" (not independent contractor; agency review under Darden / right-to-control)
☐ Missouri work nexus established
☐ Local ordinance applies (St. Louis, Kansas City, Columbia, etc.) for broader coverage

3. Damages Cap Analysis (§ 213.111.4)

Employer's applicable cap: $[__________] (PLUS back pay + interest; uncapped)

4. Protected Class and Adverse Action

5. Statute of Limitations (180 Days — Jurisdictional)

☐ Confirm last act within 180 days
☐ Hostile-environment continuing-violation analysis (last act anchors timing)
☐ Equitable tolling considered (very narrow under SB 43)

6. Causation Analysis ("Motivating Factor" — Post-SB 43)

☐ Direct evidence of discriminatory statements by decision-maker
☐ Comparator evidence (similarly situated outside class treated more favorably)
☐ Temporal proximity to protected activity (retaliation cases)
☐ Shifting / pretextual reasons offered
☐ Statistical / pattern evidence
☐ Burden-shifting analysis under McDonnell Douglas applies (§ 213.101.4)
☐ Protected class "actually played a role" with "determinative influence" (§ 213.010(19))

7. Recommendation

[ATTORNEY RECOMMENDATION — file MCHR charge; dual-file EEOC; calendar 180-day RTSL request; advise client on damages cap and contingency-fee economics.]

Part B — Charge of Discrimination (MCHR Filing)

MISSOURI COMMISSION ON HUMAN RIGHTS
3315 W. Truman Blvd., Room 212
P.O. Box 1129
Jefferson City, MO 65102-1129

CHARGE OF DISCRIMINATION
MCHR Charge No. E-[__________] (employment)
EEOC Charge No. [__________] (cross-filed)

1. Parties

2. Cause(s) of Discrimination (check all that apply)

☐ Race — § 213.055.1(1)(a)
☐ Color — § 213.055.1(1)(a)
☐ Religion — § 213.055.1(1)(a)
☐ National origin / ancestry — § 213.055.1(1)(a)
☐ Sex (including pregnancy) — § 213.055.1(1)(a)
☐ Age (40-69) — § 213.055.1(1)(a)
☐ Disability — § 213.055.1(1)(a)
☐ Retaliation — § 213.070
☐ Aiding / abetting — § 213.070.1(2)

3. Date of Most Recent Discrimination

Date of most recent discriminatory act: [__/__/____]
Date of filing: [__/__/____]
Days elapsed: [____] (must be ≤ 180 under § 213.075.1 — jurisdictional)

4. Particulars

I, [COMPLAINANT NAME], state under oath:

1. I am a member of the following protected class(es): [LIST].

2. I was employed by Respondent from [__/__/____] to [__/__/____] as a [TITLE]. My supervisor was [NAME, TITLE]. The decision-maker for the adverse action was [NAME, TITLE].

3. I met or exceeded Respondent's legitimate performance expectations, evidenced by [REVIEWS / METRICS — Ex. C-1].

4. On or about [__/__/____], [DESCRIBE FIRST DISCRIMINATORY ACT — facts; identify decision-maker; quote statements].

5. On or about [__/__/____], [DESCRIBE SUBSEQUENT ACTS].

6. On or about [__/__/____], Respondent took the following adverse action against me: [TERMINATION / etc.]. The stated reason was [STATED REASON].

7. My protected classification was a motivating factor in Respondent's adverse decision under Mo. Rev. Stat. § 213.010(19) — it actually played a role and had a determinative influence on the decision. Evidence of motivating factor includes:
   - Direct statements by [DECISION-MAKER]: [QUOTE];
   - Comparators outside the protected class who engaged in similar conduct but were not disciplined: [NAMES];
   - Temporal proximity: adverse action occurred [____] days after protected activity / disclosure of [PROTECTED CHARACTERISTIC];
   - Shifting reasons: Respondent stated [REASON 1] in the termination notice, [REASON 2] to MCHR, and [REASON 3] in unemployment proceedings;
   - Departure from policy: Respondent did not follow its written progressive-discipline policy;
   - Statistical pattern: [DESCRIBE].

8. As a direct and proximate result of Respondent's unlawful conduct, I have suffered lost wages, lost benefits, emotional distress, and damage to professional reputation.

5. Relief Requested

Complainant requests that MCHR:

☐ Investigate and find probable cause that Respondent violated §§ 213.055 and 213.070
☐ Order cease and desist
☐ Order reinstatement and back pay with interest
☐ Issue Notice of Right to Sue under § 213.111.1 upon Complainant's written request after 180 days
☐ Refer matter for civil action with damages subject to § 213.111.4 cap

6. Verification

I declare under penalty of perjury under the laws of the State of Missouri that the foregoing is true and correct.

[COMPLAINANT SIGNATURE]
[PRINTED NAME]
Date: [__/__/____]

Sworn and subscribed before me this [__] day of [_____], [____].

[NOTARY PUBLIC SIGNATURE]
[NOTARY PRINTED NAME]
My commission expires: [__/__/____]

Part C — Right-to-Sue Demand Letter

[LAW FIRM LETTERHEAD]
[DATE]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

Executive Director
Missouri Commission on Human Rights
3315 W. Truman Blvd., Room 212
P.O. Box 1129
Jefferson City, MO 65102-1129

Re: [COMPLAINANT] v. [RESPONDENT]
MCHR Charge No. E-[__________] / EEOC Charge No. [__________]
WRITTEN REQUEST FOR NOTICE OF RIGHT TO SUE PURSUANT TO § 213.111.1

Dear Executive Director:

This office represents the Complainant in the above-referenced matter. Pursuant to Mo. Rev. Stat. § 213.111.1, Complainant hereby requests in writing that the Commission issue a Notice of Right to Sue.

1. Procedural Status

2. Statutory Basis

Under § 213.111.1, "if, after one hundred eighty days from the filing of a complaint alleging an unlawful discriminatory practice ... the commission has not completed its administrative processing and the person aggrieved so requests in writing, the commission shall issue to the person claiming to be aggrieved a letter indicating his or her right to bring a civil action within ninety days of such notice against the respondent named in the complaint."

More than 180 days have elapsed since Complainant filed the underlying charge. Complainant's request triggers MCHR's mandatory duty to issue the Notice of Right to Sue.

3. Acknowledgment

Complainant acknowledges that, upon issuance of the Notice of Right to Sue:

• All MCHR proceedings on this charge will terminate (§ 213.111.1);
• Complainant is barred from filing or reinstating an MCHR complaint on the same practice or act;
• Complainant must file the civil action within 90 days of the Notice and no later than 2 years after the cause of action accrued;
• Damages are capped under § 213.111.4 based on Respondent's employee count.

4. Service of Notice

Please serve the Notice of Right to Sue on undersigned counsel and on Complainant at the addresses below within 15 business days of this request, and contemporaneously send Respondent a copy.

Respectfully,

[ATTORNEY SIGNATURE]
[ATTORNEY NAME], Mo. Bar No. [________]
[FIRM NAME]
[ADDRESS]
[(___) ___-____] / [EMAIL]

cc: [RESPONDENT'S COUNSEL]
[CLIENT]
EEOC St. Louis District Office (cross-filed Charge No. [__________])

Part D — Pre-Suit Civil Complaint (Missouri Circuit Court)

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, MISSOURI
[CIVIL DIVISION]
Case No. [__________]

PETITION FOR DAMAGES AND DEMAND FOR JURY TRIAL

I. INTRODUCTION

1. This is a civil action for employment discrimination and retaliation under the Missouri Human Rights Act, Mo. Rev. Stat. § 213.010 et seq., following exhaustion of administrative remedies before the Missouri Commission on Human Rights and receipt of a Notice of Right to Sue under § 213.111.1.

II. PARTIES, JURISDICTION, AND VENUE

2. Plaintiff [NAME] is a Missouri resident.

3. Defendant [LEGAL ENTITY] is an "employer" within the meaning of § 213.010(7) (6+ employees in 20+ calendar weeks).

4. This Court has subject-matter jurisdiction under Mo. Const. art. V, § 14 and § 213.111.1. Venue is proper in [COUNTY] County because the unlawful practice is alleged to have occurred at Defendant's [LOCATION].

III. ADMINISTRATIVE EXHAUSTION

5. Plaintiff timely filed a Charge of Discrimination with MCHR on [__/__/____], within 180 days of the most recent discriminatory act under § 213.075.1.

6. MCHR issued a Notice of Right to Sue on [__/__/____], received by Plaintiff on [__/__/____].

7. Plaintiff files this Petition within 90 days of receipt of the Notice of Right to Sue and within 2 years of the cause of action accrual, as required by § 213.111.1.

IV. FACTUAL ALLEGATIONS

[Numbered paragraphs tracking the MCHR particulars from Part B, expanded with post-discovery facts.]

V. CAUSES OF ACTION

COUNT I — Discrimination on the Basis of [PROTECTED CLASS] (§ 213.055)

Plaintiff's protected classification was a motivating factor in Defendant's adverse employment action — it actually played a role and had a determinative influence on the decision; § 213.010(19).

COUNT II — Retaliation (§ 213.070)

COUNT III — Hostile Work Environment Based on [PROTECTED CLASS] (if applicable)

COUNT IV — Failure to Provide Reasonable Accommodation (Disability) (if applicable)

VI. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests this Court:

a. Enter judgment in favor of Plaintiff on each Count;
b. Award actual back pay with interest on back pay (uncapped) — § 213.111.4(1);
c. Award compensatory damages for emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses;
d. Award punitive damages;
e. Apply the applicable § 213.111.4(2) cap to the sum of compensatory and punitive damages:

• 6-100 employees: $50,000
• 101-200 employees: $100,000
• 201-500 employees: $200,000
• 500+ employees: $500,000;
  f. Award reasonable attorney's fees and costs (§ 213.111.2);
  g. Order reinstatement and/or front pay;
  h. Order such injunctive relief as the Court deems appropriate;
  i. Grant such other and further relief as the Court deems just.

VII. JURY DEMAND

Plaintiff demands trial by jury on all issues so triable, pursuant to Mo. Rev. Stat. § 213.111.3.

Respectfully submitted,
[PLAINTIFF NAME], by counsel,

[ATTORNEY SIGNATURE]
[ATTORNEY NAME], Mo. Bar No. [________]
[FIRM NAME]
[ADDRESS]
[(___) ___-____] / [EMAIL]

Date: [__/__/____]

Part E — Pre-Filing Checklist

1. Intake and Eligibility (Post-SB 43)

☐ Confirm employer has 6+ employees in 20+ calendar weeks of current/preceding year (§ 213.010(7))
☐ Confirm complainant is an "employee" (not independent contractor)
☐ Identify each protected class basis under § 213.055
☐ Verify sexual orientation / gender identity claims pursued under federal Bostock / local ordinance (not MHRA)
☐ Confirm Missouri work nexus
☐ Calculate 180-day state SOL — JURISDICTIONAL (§ 213.075.1)
☐ Calculate 300-day federal EEOC SOL
☐ Calendar 2-year outer SOL (§ 213.111.1)
☐ Analyze applicable damages cap by employer headcount (§ 213.111.4)
☐ Document elimination of individual supervisor liability — name only employer in pleading
☐ Identify applicable local ordinances (St. Louis, Kansas City, Columbia)

2. Evidence Preservation

☐ Send litigation hold letter to Respondent
☐ Request personnel file under Missouri public records / personal employment records
☐ Preserve emails, texts, voicemails, performance reviews
☐ Identify and contact witnesses (use personal contact info, not work)
☐ Document chronology
☐ Preserve mental health records for damages cap negotiation
☐ Identify comparators with documented evidence

3. MCHR Filing

☐ Draft Charge of Discrimination with detailed particulars
☐ Plead "motivating factor" causation with specificity
☐ Verify employer name (Missouri Secretary of State business search)
☐ Identify registered agent
☐ Notarize charge (or use MCHR electronic verification)
☐ File via MCHR online portal or in-person at Jefferson City / St. Louis / KC
☐ Confirm cross-filing with EEOC
☐ Obtain MCHR charge number and EEOC charge number
☐ Calendar 180-day RTSL request date

4. Post-Filing and RTSL

☐ Cooperate with MCHR investigator
☐ Submit rebuttal to Respondent's position statement
☐ Attend MCHR mediation if offered
☐ Monitor 180-day clock; request RTSL in writing on day 181 (if MCHR has not closed)
☐ Confirm receipt of RTSL; calendar 90-day civil filing deadline
☐ Confirm 2-year outer SOL not at risk
☐ File civil action well before 90-day RTSL deadline
☐ Verify no individual supervisor named as defendant (SB 43)
☐ Be prepared for likely removal by foreign corporation to federal court

5. Damages Documentation (Subject to Cap)

☐ Compile W-2s, pay stubs, benefits statements
☐ Document mitigation (job searches, interviews, offers, income)
☐ Calculate uncapped back pay + interest
☐ Calculate front pay
☐ Document benefits losses
☐ Document emotional distress (subject to cap)
☐ Evaluate punitive-damages evidence (subject to cap)
☐ Project net damages after § 213.111.4 cap

6. Ethical and Strategic

☐ Conflict check (firm representation of Respondent or affiliates)
☐ Engagement letter with fee terms (Mo. Sup. Ct. R. 4-1.5); contingency typical
☐ Counsel client on SB 43 damages caps
☐ Counsel client on McDonnell Douglas burden-shifting and motivating-factor standard
☐ Counsel client on tax treatment of recovery (IRC § 104(a)(2))
☐ Counsel client on social media discipline
☐ Counsel client on impact of removal to federal court

Sources and References

• Missouri Commission on Human Rights: https://labor.mo.gov/mohumanrights
• File a Discrimination Complaint with MCHR: https://labor.mo.gov/mohumanrights/file-complaint
• Mo. Rev. Stat. § 213.010 et seq. (Missouri Human Rights Act): https://revisor.mo.gov/main/OneChapter.aspx?chapter=213
• Mo. Rev. Stat. § 213.055 (Unlawful employment practices): https://revisor.mo.gov/main/OneSection.aspx?section=213.055
• Mo. Rev. Stat. § 213.070 (Other unlawful practices; retaliation): https://revisor.mo.gov/main/OneSection.aspx?section=213.070
• Mo. Rev. Stat. § 213.075 (Filing of complaints; 180-day jurisdictional deadline): https://revisor.mo.gov/main/OneSection.aspx?section=213.075
• Mo. Rev. Stat. § 213.111 (Right to civil action; damages caps): https://revisor.mo.gov/main/OneSection.aspx?section=213.111
• Mo. Rev. Stat. § 213.101 (Construction; McDonnell Douglas; business judgment): https://revisor.mo.gov/main/OneSection.aspx?section=213.101
• 8 CSR 60-2 (MCHR procedural rules): https://www.sos.mo.gov/cmsimages/adrules/csr/current/8csr/8c60-2.pdf
• SB 43 (2017) — Senate Bill 43 amendments to MHRA: https://www.senate.mo.gov/17info/BTS_Web/Bill.aspx?SessionType=R&BillID=63100
• Littler — Big Changes in Missouri (SB 43 overview): https://www.littler.com/news-analysis/asap/big-changes-missouri-new-and-improved-missouri-human-rights-act-becomes-law
• EEOC St. Louis District Office: https://www.eeoc.gov/field-office/stlouis/location
• St. Louis Civil Rights Enforcement Agency: https://www.stlouis-mo.gov/government/departments/civil-rights/
• Kansas City Human Relations Department: https://www.kcmo.gov/city-hall/departments/human-relations
• Bostock v. Clayton County, 590 U.S. 644 (2020) (federal Title VII covers sexual orientation and gender identity)
• Farrow v. Saint Francis Medical Center, 407 S.W.3d 579 (Mo. 2013) (abrogated by SB 43 on jurisdictional timeliness)