Section 12 Missouri Human Rights Act

• Library: Employment Discrimination 2008

Any person claiming to be aggrieved by an unlawful discriminatory practice may file a verified charge of discrimination with either the Equal Employment Opportunity Commission (EEOC) or the Missouri Commission on Human Rights (MCHR) within 180 days of the alleged discriminatory act. Section 213.075.1, RSMo 2000. The charge “shall state the name and address of the person alleged to have committed the unlawful discriminatory practice and . . . shall set forth the particulars thereof.” Id.Because the MCHR has a “work-sharing” or deferral agreement with the EEOC, any complaint that is filed with the EEOC is deemed filed with the MCHR on the date that it is received by the EEOC. Section 213.075.2. After a complaint is filed, the executive director is to investigate promptly. Section 213.075.3. If the director determines that probable cause exists, the director “shall immediately endeavor to eliminate the unlawful discriminatory practice complained of by conference, conciliation and persuasion.” Id.The MCHR has no jurisdiction to conduct any proceeding on a complaint not filed within the 180-day period. Sw. Bell Tel. Co. v. Mo. Comm’n on Human Rights,
863 S.W.2d 682 (Mo. App. E.D. 1993).

To initiate a claim under the Missouri Human Rights Act (MHRA), Chapter 213, RSMo, a party must, after timely filing a complaint with the EEOC or the MCHR, either adjudicate the claim through the MCHR or obtain a right-to-sue letter from...