Section 26 Missouri Human Rights Act

• Library: Damages 2012

The MHRA (Missouri Human Rights Act), Chapter 213, RSMo, provides the following remedies:

· Injunctive relief and affirmative action, which may include reinstatement

· Actual damages, which may include an award for backpay, front pay, and emotional distress and humiliation

· Punitive damages

· Prejudgment interest

· Court costs and reasonable attorney fees

Section 213.111.2, RSMo 2000. See Mo. Employment Discrimination §20.43.

There is no explicit language in § 213.111 that grants plaintiffs the right to a jury trial. But the Supreme Court of Missouri has held that there is “a right under the Missouri Constitution, art. I, section 22(a), to have [a] Missouri Human Rights Act civil action, for damages only, tried by a jury.” State ex rel. Diehl v. O’Malley, 95 S.W.3d 82, 84 (Mo. banc 2003).

Courts have interpreted § 213.010.7, RSMo 2000, of the MHRA to impose individual liability on supervisory employees, allowing the act to “reach not just the corporate or public employer but any person acting directly in the interest of the employer.” Hill v. Ford Motor Co., 277 S.W.3d 659, 669 (Mo. banc 2009)...