Missouri Commission on Human Rights (MCHR) Administrative Charge

CHARGE OF DISCRIMINATION — MISSOURI COMMISSION ON HUMAN RIGHTS

Submitted to: Missouri Commission on Human Rights (MCHR), 421 E. Dunklin Street, P.O. Box 1129, Jefferson City, MO 65102-1129 — (573) 751-3325 / Toll-Free 1-877-781-4236 — labor.mo.gov/mohumanrights

Cross-Filed with: U.S. Equal Employment Opportunity Commission (EEOC) under the MCHR/EEOC Worksharing Agreement

MCHR Charge No.: [________________________________]

EEOC Charge No.: [________________________________]

TABLE OF CONTENTS

1. Charging Party (Complainant) Information
2. Respondent Information
3. Statutes Invoked / Bases of Discrimination
4. Earliest and Latest Date of Discrimination
5. Statement of Particulars (Narrative)
6. Witnesses and Comparators
7. Documentary Evidence Available
8. Relief Sought
9. Verification and Signature
10. Certificate of Mailing
11. Missouri Practice Notes
12. Sources and References

1. CHARGING PARTY (COMPLAINANT) INFORMATION

2. RESPONDENT INFORMATION

3. STATUTES INVOKED / BASES OF DISCRIMINATION

I believe I have been discriminated against because of (check all that apply):

Protected classes — MHRA, RSMo § 213.055 (employment) / § 213.065 (public accommodations) / § 213.040 (housing):

• ☐ Race
• ☐ Color
• ☐ Religion
• ☐ National origin
• ☐ Ancestry
• ☐ Sex (including pregnancy and pregnancy-related conditions)
• ☐ Sex-stereotyping (Lampley v. MCHR, 570 S.W.3d 16 (Mo. banc 2019); R.M.A. v. Blue Springs R-IV, 568 S.W.3d 420 (Mo. banc 2019))
• ☐ Age (40-69 in employment; RSMo § 213.010(1))
• ☐ Disability (mental or physical, RSMo § 213.010(5))
• ☐ Familial status (housing only, RSMo § 213.040)
• ☐ Retaliation for protected activity (RSMo § 213.070.1(2))
• ☐ Aiding, abetting, inciting, compelling, or coercing discrimination (RSMo § 213.070.1(1))

Type of practice complained of:

• ☐ Failure to hire
• ☐ Discharge / termination
• ☐ Constructive discharge
• ☐ Demotion / failure to promote
• ☐ Discipline (write-up, suspension, PIP)
• ☐ Compensation / wage discrimination / unequal pay
• ☐ Terms or conditions of employment (assignments, schedule, training, benefits)
• ☐ Harassment / hostile work environment
• ☐ Failure to accommodate disability
• ☐ Failure to accommodate religion
• ☐ Pregnancy accommodation denial
• ☐ Retaliation for opposing discrimination or filing a charge
• ☐ Denial of housing / refusal to rent or sell
• ☐ Discriminatory housing terms or services
• ☐ Denial of public accommodation (refusal of service, ejection, segregation)
• ☐ Other: [__________________________________________]

Cross-filed for federal investigation under (check all that apply):

• ☐ Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.
• ☐ Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.
• ☐ Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq.
• ☐ Genetic Information Nondiscrimination Act, 42 U.S.C. § 2000ff
• ☐ Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k)
• ☐ Pregnant Workers Fairness Act, 42 U.S.C. § 2000gg
• ☐ Equal Pay Act, 29 U.S.C. § 206(d)
• ☐ Fair Housing Act, 42 U.S.C. § 3601 et seq. (housing only)
• ☐ Section 504 of the Rehabilitation Act, 29 U.S.C. § 794

4. EARLIEST AND LATEST DATE OF DISCRIMINATION

5. STATEMENT OF PARTICULARS (NARRATIVE)

5.1. Background and Employment Context. I, [CHARGING PARTY NAME], am a [describe protected status — race, sex, age, disability, etc.]. I was employed by Respondent [EMPLOYER NAME] as a [POSITION TITLE] from [__/__/____] to [__/__/____] at Respondent's [LOCATION ADDRESS] facility in [CITY/COUNTY], Missouri.

5.2. Performance. Throughout my employment, I performed my duties competently and met or exceeded Respondent's legitimate, non-discriminatory expectations. [Cite specific reviews, ratings, commendations, raises, promotions, sales metrics, awards.]

5.3. Specific Discriminatory Acts. Beginning on or about [__/__/____], the following discriminatory acts occurred:

• (a) [DATE] — [ACTOR / TITLE]: [Describe specific act — slur, racially or sexually offensive comment, denial of accommodation, disparate discipline, denial of promotion, demotion, harassing conduct, etc. Include the exact words used where probative.]
• (b) [DATE] — [ACTOR / TITLE]: [Describe.]
• (c) [DATE] — [ACTOR / TITLE]: [Describe.]
• (d) [DATE] — [ACTOR / TITLE]: [Describe.]

5.4. Comparators. Similarly situated [employees / tenants / patrons] outside my protected class were treated more favorably. Specifically: [describe comparators by initials, job title, department, dates, and the differential treatment].

5.5. Notice to Respondent. On [__/__/____], I reported the discriminatory conduct to [HR / supervisor / manager NAME, TITLE]. Respondent's response was [no investigation / inadequate investigation / blame-the-victim / superficial action / retaliation].

5.6. Adverse Action. On [__/__/____], Respondent [terminated / demoted / disciplined / refused to promote / refused to accommodate / refused to hire / constructively discharged / refused service / evicted] me. Respondent's stated reason was [stated reason].

5.7. Pretext. Respondent's stated reason is pretextual because [explain — shifting reasons, lack of factual basis, comparator treatment, temporal proximity to protected activity, deviation from policy, statistical pattern, contradictory documents].

5.8. Causation — Determinative Influence (post-SB 43 standard). My [protected status] "actually played a role in and had a determinative influence on" Respondent's adverse action, satisfying the "motivating factor" standard of RSMo § 213.010(19) and § 213.111.5.

5.9. Hostile Work Environment (if applicable). The harassment described above was unwelcome, was based on my [protected class], and was sufficiently severe or pervasive to alter the terms and conditions of my employment and create an abusive working environment.

5.10. Retaliation (if applicable). I engaged in protected activity by [opposing discrimination internally / filing a prior charge / participating in an investigation / requesting a reasonable accommodation] on [__/__/____]. Within [____ days/weeks/months] thereafter, Respondent took the materially adverse action described above. RSMo § 213.070.1(2).

5.11. Failure to Accommodate (if applicable). I requested a reasonable accommodation for my disability/religion on [__/__/____], namely [describe accommodation]. Respondent [denied the request / failed to engage in the interactive process / required excessive medical documentation]. The accommodation would not have imposed an undue hardship; specifically, [explain why feasible — low cost, available workspace, similar accommodations granted to others].

5.12. Damages. As a direct and proximate result of Respondent's conduct, I have suffered lost wages and benefits in the approximate amount of $[__________], ongoing medical and counseling expenses, emotional distress, humiliation, embarrassment, mental anguish, damage to reputation, and loss of future earning capacity.

6. WITNESSES AND COMPARATORS

7. DOCUMENTARY EVIDENCE AVAILABLE

The following documents are available in support of the allegations and may be requested by MCHR / EEOC during investigation:

• ☐ Offer letter, employment contract, and job description
• ☐ Performance reviews, evaluations, and commendations
• ☐ Pay records, W-2s, 1099s, paystubs, and benefits statements
• ☐ Personnel file
• ☐ Internal complaint(s) and HR correspondence
• ☐ Discriminatory emails, texts, social-media posts, voicemails, or recordings
• ☐ Disciplinary write-ups, performance improvement plans (PIPs), and termination notices
• ☐ Medical documentation and reasonable accommodation requests
• ☐ Comparator data (rosters, schedules, pay records, discipline)
• ☐ Witness statements / contemporaneous notes / journals
• ☐ Severance or separation agreement
• ☐ Union grievance, collective bargaining agreement, or arbitration record
• ☐ Workers' compensation file (if applicable)
• ☐ Unemployment insurance determination (if applicable)
• ☐ Surveillance video, badge-swipe records, time records
• ☐ Photographs of physical workplace conditions or signage
• ☐ Other: [__________________________________________]

8. RELIEF SOUGHT

Charging Party requests that the Missouri Commission on Human Rights and the U.S. Equal Employment Opportunity Commission:

8.1. Investigate the allegations and issue a determination that probable cause exists to believe a violation of the Missouri Human Rights Act and applicable federal statutes has occurred.

8.2. Conciliate the matter under RSMo § 213.075 with a remedy that includes, at minimum:

• ☐ Reinstatement, hire, or promotion (as applicable)
• ☐ Back pay with interest from [__/__/____] to the date of reinstatement or judgment
• ☐ Front pay in lieu of reinstatement, where reinstatement is not feasible
• ☐ Restoration of seniority, benefits, and accrued leave
• ☐ Compensatory damages for emotional distress, humiliation, and inconvenience
• ☐ Punitive damages where authorized (subject to RSMo § 213.111.4 caps)
• ☐ Reasonable attorney fees and costs (RSMo § 213.111.2; 42 U.S.C. § 2000e-5(k))
• ☐ Posting of MCHR / EEOC notice and policy reform
• ☐ Anti-discrimination training for managers and HR staff
• ☐ Removal of adverse documents from Charging Party's personnel file
• ☐ Neutral employment reference
• ☐ Reasonable accommodation of Charging Party's disability or religion
• ☐ Other: [__________________________________________]

8.3. If conciliation fails or 180 days elapse from the date of filing, issue a Notice of Right to Sue under RSMo § 213.111.1 so that Charging Party may pursue a civil action in the Missouri Circuit Court within the 90-day post-notice / 2-year outer-limit window.

9. VERIFICATION AND SIGNATURE

I, [CHARGING PARTY NAME], declare under penalty of perjury under the laws of the State of Missouri and the United States of America that I have read the foregoing Charge of Discrimination, that I am authorized to file this Charge, and that the matters stated herein are true and correct to the best of my knowledge, information, and belief.

I understand that this Charge will be filed with the Missouri Commission on Human Rights and the U.S. Equal Employment Opportunity Commission, and that the statements and information contained herein may be disclosed to Respondent during the course of the investigation.

Date: [__/__/____]

[________________________________]

[CHARGING PARTY NAME], Charging Party

STATE OF MISSOURI

COUNTY OF [______________________] ss.

Subscribed and sworn to (or affirmed) before me this [____] day of [_______________], 20[____], by [CHARGING PARTY NAME], who is personally known to me or who produced [type of identification] as identification.

[________________________________]

Notary Public

My commission expires: [_______________]

(Notary seal)

10. CERTIFICATE OF MAILING

I hereby certify that on [__/__/____], I submitted the foregoing Charge of Discrimination to:

Missouri Commission on Human Rights
421 E. Dunklin Street
P.O. Box 1129
Jefferson City, MO 65102-1129
Phone: (573) 751-3325
Toll-Free: 1-877-781-4236
Fax: (573) 751-2905
Email: [email protected]
Online: https://labor.mo.gov/mohumanrights

U.S. Equal Employment Opportunity Commission — St. Louis District Office
Robert A. Young Federal Building
1222 Spruce Street, Room 8.100
St. Louis, MO 63103
Phone: 1-800-669-4000
Online portal: https://publicportal.eeoc.gov/

U.S. Equal Employment Opportunity Commission — Kansas City Area Office
Gateway Tower II
400 State Avenue, Suite 905
Kansas City, KS 66101
Phone: 1-800-669-4000

Method of submission: ☐ MCHR Online Intake / Email ☐ U.S. Mail (certified, return receipt) ☐ In-person delivery ☐ Fax ☐ EEOC Public Portal

[________________________________]

[CHARGING PARTY / COUNSEL NAME]

11. MISSOURI PRACTICE NOTES

• 180-day deadline is jurisdictional. RSMo § 213.075.1 provides that if a complaint is not filed within 180 days, "the commission shall lack jurisdiction to take any action on such a complaint other than to dismiss the complaint for lack of jurisdiction." The deadline does not toll for equitable reasons; Farrow v. St. Francis Med. Ctr., 407 S.W.3d 579 (Mo. banc 2013), and Tisch v. DST Sys., Inc., 368 S.W.3d 245 (Mo. App. W.D. 2012). File early. Federal Title VII / ADA / ADEA deadline is 300 days in deferral states like Missouri, so the federal claim may survive even if MHRA does not.

• Verified Charge perfects filing. An unverified intake questionnaire is not a Charge. Federal Express Corp. v. Holowecki, 552 U.S. 389 (2008), allows a verified questionnaire to count under federal law if the agency could reasonably interpret it as a request for action; Missouri practice is more strict.

• MCHR / EEOC Worksharing Agreement. A Charge filed with one is deemed filed with the other. RSMo § 213.075.5; 29 C.F.R. § 1601.13. State the dual-filing intent on the form. If the 180-day MHRA deadline has lapsed but the federal 300-day deadline is still open, file directly with EEOC and indicate "FEDERAL CLAIMS ONLY."

• MHRA protected classes. RSMo § 213.055 covers race, color, religion, national origin, sex, ancestry, age (40-69), and disability. NO sexual orientation or gender identity expressly enumerated; sex-stereotyping recognized via Lampley v. MCHR, 570 S.W.3d 16 (Mo. banc 2019), and R.M.A. v. Blue Springs R-IV, 568 S.W.3d 420 (Mo. banc 2019). Cross-file federal Title VII per Bostock v. Clayton County, 590 U.S. 644 (2020).

• 2017 SB 43 — comprehensive overhaul (eff. Aug. 28, 2017).

• "Motivating factor" causation = "actually played a role and had a determinative influence" (RSMo § 213.010(19); § 213.111.5). Replaces Daugherty "contributing factor" standard.
• Tiered compensatory + punitive damages caps under § 213.111.4: $50K (5-100 ee), $100K (101-200), $200K (201-500), $500K (500+). Caps EXCLUDE back pay, interest on back pay, front pay, and equitable relief.
• NO individual supervisor liability under MHRA — § 213.010(8) excludes "any individual employed by an employer." Pursue federal § 1981 / § 1983 / FMLA claims against individuals in any later civil action.
• Codified business-judgment rule and McDonnell Douglas burden-shifting framework (§ 213.101.4).

• Whistleblower's Protection Act (RSMo § 285.575) is the EXCLUSIVE remedy for whistleblower retaliation (preempts public-policy wrongful-discharge tort).

• Employer threshold (6 employees). RSMo § 213.010(8). Lower than Title VII (15) and ADA (15) and ADEA (20). Always check both state and federal thresholds; small employers may be reachable only under MHRA.

• Investigation timeline. MCHR investigates and may attempt conciliation; no statutory time limit per § 213.075, though many cases resolve within 12-18 months. Charging Party may request a Notice of Right to Sue after 180 days from the filing date (RSMo § 213.111.1).

• 90-day suit window after right-to-sue. Civil action must be filed within 90 days of the Notice of Right to Sue and not later than 2 years after the alleged cause occurred (RSMo § 213.111.1). Failure to obtain a timely right-to-sue letter is fatal.

• Right-to-sue terminates MCHR proceedings. Per § 213.111.1, issuance of a right-to-sue letter at the Charging Party's request "shall terminate all proceedings before the commission" related to the charge. Do not request a right-to-sue prematurely if administrative conciliation may produce a faster, no-cost resolution.

• Scope-of-action rule. Civil-action claims must be either expressly raised in the Charge or "reasonably related" to the scope of the MCHR / EEOC investigation. Farrow, supra; Hill v. Ford Motor Co., 277 S.W.3d 659 (Mo. banc 2009). Plead broadly in the Charge to preserve later claims.

• Mediation. MCHR offers voluntary mediation early in the process. Mediation is confidential under 8 C.S.R. 60-2.025 and frequently produces faster, more flexible results than full investigation or litigation.

• Public accommodations and housing. Different MHRA sub-parts govern: employment (§ 213.055), public accommodations (§ 213.065), housing (§ 213.040). Filing windows and procedures vary; verify before submission.

• Confidentiality. MCHR investigation files are confidential while open. Both parties may inspect each other's submissions but may not publicly disseminate them.

• Punitive damages threshold. Missouri requires "clear and convincing evidence" of evil motive or reckless indifference (RSMo § 510.261). Plead specific facts in the narrative to support punitives.

• Continuing-violation doctrine. Nat'l R.R. Passenger Corp. v. Morgan, 536 U.S. 101 (2002), and Missouri progeny apply: discrete acts (terminations, denied promotions) each have their own 180-day clock; hostile-environment claims may reach earlier conduct so long as one component act is within 180 days.

• Preserve federal individual liability. Because SB 43 eliminated MHRA individual liability, identify individual harassers in the narrative and dual-file with EEOC so § 1981 / § 1983 individual claims can be pursued in any later civil action.

12. SOURCES AND REFERENCES

• Missouri Commission on Human Rights — https://labor.mo.gov/mohumanrights
• MCHR Complaint Process — https://labor.mo.gov/mohumanrights/Complaint_Process
• MCHR Forms / Intake Questionnaire — https://labor.mo.gov/mohumanrights/forms
• Missouri Human Rights Act, RSMo Chapter 213 — https://revisor.mo.gov/main/OneChapter.aspx?chapter=213
• RSMo § 213.010 (Definitions) — https://revisor.mo.gov/main/OneSection.aspx?section=213.010
• RSMo § 213.030 (MCHR powers and duties) — https://revisor.mo.gov/main/OneSection.aspx?section=213.030
• RSMo § 213.055 (Unlawful employment practices) — https://revisor.mo.gov/main/OneSection.aspx?section=213.055
• RSMo § 213.065 (Public accommodations) — https://revisor.mo.gov/main/OneSection.aspx?section=213.065
• RSMo § 213.070 (Aiding, abetting, retaliation) — https://revisor.mo.gov/main/OneSection.aspx?section=213.070
• RSMo § 213.075 (Filing complaints; 180-day deadline; EEOC work-share) — https://revisor.mo.gov/main/OneSection.aspx?section=213.075
• RSMo § 213.085 (Hearing procedures) — https://revisor.mo.gov/main/OneSection.aspx?section=213.085
• RSMo § 213.111 (Civil action; damages caps; jury trial) — https://revisor.mo.gov/main/OneSection.aspx?section=213.111
• 8 C.S.R. 60-2.025 (MCHR rules of practice) — https://www.sos.mo.gov/cmsimages/adrules/csr/current/8csr/8c60-2.pdf
• Missouri SB 43 (2017) — https://www.senate.mo.gov/17info/BTS_Web/Bill.aspx?SessionType=R&BillID=56625879
• Missouri Approved Instruction MAI 38.01(A) [2018 Revision] — https://www.courts.mo.gov/file.jsp?id=125834
• U.S. Equal Employment Opportunity Commission — https://www.eeoc.gov/
• EEOC St. Louis District Office — https://www.eeoc.gov/field-office/stlouis/location
• EEOC Kansas City Area Office — https://www.eeoc.gov/field-office/kansascity/location
• EEOC Public Portal — https://publicportal.eeoc.gov/
• Farrow v. St. Francis Med. Ctr., 407 S.W.3d 579 (Mo. banc 2013) (180-day deadline; jurisdictional)
• Tisch v. DST Sys., Inc., 368 S.W.3d 245 (Mo. App. W.D. 2012) (timeliness of charge; failure-to-promote)
• Hill v. Ford Motor Co., 277 S.W.3d 659 (Mo. banc 2009) (scope-of-investigation rule)
• Lampley v. MCHR, 570 S.W.3d 16 (Mo. banc 2019) (sex stereotyping under MHRA)
• R.M.A. v. Blue Springs R-IV School Dist., 568 S.W.3d 420 (Mo. banc 2019) (transgender student sex-discrimination claim)
• Bostock v. Clayton County, 590 U.S. 644 (2020) (Title VII sex discrimination encompasses sexual orientation and gender identity)
• Daugherty v. City of Maryland Heights, 231 S.W.3d 814 (Mo. banc 2007) (pre-SB 43 contributing-factor causation; superseded by statute)
• Templemire v. W & M Welding, Inc., 433 S.W.3d 371 (Mo. banc 2014) (workers' comp retaliation; pre-SB 43)
• Federal Express Corp. v. Holowecki, 552 U.S. 389 (2008) (intake questionnaire as charge under federal law)
• Nat'l R.R. Passenger Corp. v. Morgan, 536 U.S. 101 (2002) (continuing-violation doctrine)
• 29 C.F.R. § 1601.13 (EEOC deferral and dual-filing) — https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XIV/part-1601

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Missouri must review and customize this Charge before filing. MCHR intake processes, deadlines, and forms change periodically; verify current procedures at labor.mo.gov/mohumanrights before filing. The 180-day filing deadline is jurisdictional and unforgiving; calendar conservatively.