Experiencing discrimination can be a humiliating and infuriating experience. You have the right to be treated with dignity and fairness. If you’ve experienced discrimination based on race, sex, disability, or any other protected characteristic, filing a complaint is the first step to defend your rights.
Missouri residents can seek recourse through several agencies: the Missouri Commission on Human Rights (MCHR) and the federal Equal Employment Opportunity Commission (EEOC). Working with an experienced employment discrimination attorney can guide you through the process and help you present a compelling case.
What Is Discrimination and What are Protected Classes?
Discrimination is unfair treatment based on personal characteristics. For example, both federal law and Missouri state law have “protected classes.” Employers may not discriminate against people based on:
- Race
- Color
- Religion
- Sex (including pregnancy)
- National origin
- Age (40+)
- Disability
- Genetic information (including family medical history)
If you experience employment discrimination based on one or more of these characteristics, you may file a complaint with the MCHR and the EEOC.
Filing a Complaint with the MCHR and EEOC
Missouri residents can file with the MCHR, the EEOC, or both. Dual filing ensures compliance with both state and federal laws. In most cases, the agencies automatically share complaints. Here’s how to file:
- Know your deadlines: You must file your complaint by certain deadlines. Complaints with the MCHR must be filed within 180 days (about six months) of the alleged discrimination. EEOC complaints must be filed within 300 days—but if you’re dual filing, you’ll only have 180 days.
- Gather your necessary information: Both the EEOC and MCHR require the same information. Your complaint should include the dates of the discriminatory acts, a factual description of events, the accused party’s contact information, and any supporting documents available.
- File your complaint: Both agencies allow you to file online, by postal mail, or in person. Choose whichever method you prefer.
Once you’ve filed your complaint, the MCHR and EEOC will investigate. This typically involves gathering and reviewing evidence and conducting interviews. The agencies will look for enough evidence to show that discrimination occurred.
During this process, the agencies may offer a voluntary mediation option. Mediation is a way to resolve disputes outside of a formal investigation. It can save time and money. An employment discrimination attorney can advise you as to whether mediation might be the right option for you.
Finally, note that while the filing and investigation processes are similar for both agencies, response times may vary. Because the EEOC is a larger federal agency, they are typically slower.
Right-to-Sue Letters and Resolution
Once the MCHR or EEOC are finished investigating, they may issue a right-to-sue letter. This letter closes your case and gives you legal permission to file a lawsuit if you choose. If you do not receive a right-to-sue letter, you may not file a claim under state or federal laws.
Generally, you’ll have 90 days from the date of the letter to sue. If you fail to file a claim before the deadline, your case could be dismissed.
Additional Local Protections
Some Missouri cities offer additional protection against discrimination. For example, St. Louis and Kansas City also protect against discrimination regarding gender identity and sexual orientation. While federal law has protected these characteristics in the past, their status is currently questionable.
The best way to find out which protections apply to you is to check your city’s human rights office or commission—or talk to a Missouri employment discrimination attorney. Laws frequently change, and a knowledgeable attorney will be able to explain your rights under local, state, and federal law.
Contact a Southern Missouri Employment Discrimination Lawyer Today
If you’ve experienced employment discrimination, you don’t have to face the filing and investigation process alone. At Privette Law Office, we’re here to help you understand your rights and take action. Contact us today for a consultation, and let us guide you through the process of filing a discrimination complaint.