Section 14 Causal Connection

• Library: Employment Discrimination 2008

The third and final element of a claim for wrongful discharge under the whistleblower theory is a causal connection between the first two elements. In other words, the plaintiff must prove that the employee’s report or complaint about a violation of law or public policy was the cause of the employee’s discharge. Missouri appellate courts are not in agreement concerning whether the causal connection between the whistle-blowing activities and the discharge must be supported by proof of an exclusive connection or by something less than an exclusive connection, including that of a tort standard such as “cause or contributed to cause.” See, e.g., MAI 31.24 [2005 New] (claims under Missouri Human Rights Act, Chapter 213, RSMo); MAI 23.13 [2000 New] (workers’ compensation retaliation).

In Brenneke v. Department of Missouri, Veterans of Foreign Wars of United States of America, 984 S.W.2d 134, 138 (Mo. App. W.D. 1998), the Western District of the Court of Appeals reasoned that an exclusive causal connection is not necessary, that a lesser tort standard should apply to common-law causes of action for wrongful discharge, and that the exclusivity standard is intended to apply to the statutory cause of action for retaliation under the workers’ compensation statute. Brenneke, 984 S.W.2d at 138–42. Brenneke pointed out as a fallacy that many courts cite to the adoption of the public policy exception in Boyle v. Vista Eyewear, Inc., 700 S.W.2d 859 (Mo. App. W.D. 1985), as supporting the requirement of exclusive causation. But the court in Boyle did not require the plaintiff to prove exclusive causal causation. Brenneke, 984 S.W.2d at 139–40; Boyle, 700 S.W.2d at 878. The court in Brenneke pointed out that the exclusive causal connection requirement was apparently borrowed from the...