Have you suffered discrimination, harassment, or retaliation at work in Missouri? When your employer has violated your rights under Missouri law, you can pursue relief or compensation by filing a complaint with the state agency responsible for enforcing state employment laws: the Missouri Commission on Human Rights. Contact Privette Law Office for an initial case evaluation with an employment discrimination attorney to learn more about the process of filing a complaint with the MCHR for violations of your worker rights under state law.
Understanding the MCHR
The Missouri Commission on Human Rights (MCHR) enforces the Missouri Human Rights Act (MHRA), which prohibits workplace discrimination and harassment based on employees’ protected characteristics. Under the MHRA, an employer may not discriminate against an employee or create or permit a hostile work environment based upon the employee’s protected characteristic(s). Protected classes under the MHRA include:
- Race
- Color
- National origin
- Religious beliefs
- Sex/gender
- Ancestry
- Age (over 40)
- Disability
The MCHR receives and investigates employee complaints alleging workplace discrimination, hostile work environments, or wrongful termination.
Common MCHR Violations in the Workplace
Common examples of MCHR violation complaints include:
- Discrimination – An employee may have a discrimination complaint when they experience an adverse employment action motivated by the employee’s protected characteristic(s), such as denials of promotion, assignment to less desirable tasks, or exclusion from meetings and workplace events.
- Harassment – An employee can experience workplace harassment due to a hostile work environment created by severe or pervasive offensive conduct related to a protected characteristic. Alternatively, an employee may allege sexual harassment by a co-worker or supervisor, such as a hostile work environment based on sex, quid pro quo sexual harassment (demanding sexual favors in exchange for workplace benefits), or sexual assault in the workplace.
- Retaliation – Employees may file MCHR complaints when their employers take adverse actions against them for complaining about discrimination or a hostile work environment, or for participating in investigations or legal proceedings.
- Failure to Provide Reasonable Accommodations – Disabled workers may have a claim when their employer refuses to provide a reasonable accommodation that allows the worker to perform the essential functions of their job or refuses to negotiate a reasonable accommodation. Workers may also have a claim after an employer denies a religion-based accommodation request.
- Wrongful Termination – An employee may have a claim after their employer terminates them for a discriminatory or retaliatory reason.
How to File a Complaint with the MCHR
When a worker has a MCHR violation claim, they must file their complaint within 180 days of the date that the alleged act of discrimination, harassment, retaliation, or denial of accommodation occurred.
When a worker has a claim under both the MHRA and a federal law, such as Title VII of the Civil Rights Act of 1964 or the Americans with Disabilities Act, they can also file a complaint with the U.S. Equal Employment Opportunity Commission. The EEOC requires workers to file their claims within 180 days of an unlawful act by an employer, unless a state agency enforces a state law barring the same form of discrimination or harassment, in which case the worker may have 300 days to file their complaint with the EEOC.
A worker filing an MCHR violation complaint should gather relevant documentation and evidence to support their allegations. The worker can then file their claim through the MCHR’s intake process.
What Happens After You File a Complaint
When the MCHR receives a complaint, the agency’s staff will review the claim to determine whether it has jurisdiction. After confirming jurisdiction, the MCHR will notify the worker’s employer of the complaint and provide the company an opportunity to respond to the worker’s allegations. The agency will then investigate the complaint by interviewing witnesses and gathering evidence or records from the parties. In some cases, the MCHR may offer to mediate a dispute between an employer and an employee.
After an investigation, the MCHR will issue a finding of no probable cause or a finding of probable cause. A finding of probable cause may lead to legal remedies or penalties for the employer’s misconduct. An employee who files a MCHR complaint can also request a right-to-sue letter from the agency, which authorizes the employee to file a lawsuit in Missouri state court. An employee who receives a right-to-sue letter must file a lawsuit within 90 days.
Remedies Available for MCHR Violations
When the MCHR makes a finding of probable cause, it may hold mediation sessions or a hearing to provide an employee with relief for an employer’s discrimination, harassment, or retaliation. Such remedies may include:
- Reinstatement to a position from which the employer wrongfully terminated the worker
- Back pay for wages or salary that the worker should have received
- Front pay to compensate for lost wages until the worker obtains new employment
- Compensation for lost employment benefits, such as health insurance
- Compensation for emotional trauma and distress
- Legal fees and expenses the worker incurred to pursue their claim
In a lawsuit, a jury may also award an employee punitive damages when an employer engages in egregious, willful, or wanton conduct that shocks the conscience. Punitive damages do not compensate for losses caused by an employer’s misconduct but instead punish the employer for their conduct and deter other companies from similar behavior.
Why You Need an Employment Law Attorney
An employment law attorney can help you pursue legal relief from workplace discrimination or harassment through a complaint with the MCHR. A lawyer can guide you through the complaint process by:
- Investigating your claims to secure evidence needed to support your allegations
- Evaluating the strength of your case
- Documenting your losses to ensure you receive complete relief
- Preparing you for what to expect when filing a complaint with the MCHR
- Representing you during mediations or hearings
- Requesting a right-to-sue letter and filing a lawsuit when the MCHR complaint process doesn’t provide you with the relief you deserve
Contact Our Firm Today for Guidance and Advocacy
If you’ve suffered discrimination or harassment in the workplace, you may have the right to pursue relief by filing an MCHR violation complaint. Contact Privette Law Office today for a confidential consultation with an employment law attorney to discuss your legal options for seeking accountability and compensation from your employer.