Section 5.15 Missouri Statutes

• Library: School Law (2003 Ed. + 2016 Supp)

B. (§5.15) Missouri Statutes

The Missouri human rights law, Chapter 213, RSMo, prohibits employment discrimination on the basis of race, color, religion, national origin, sex, ancestry, age, or disability. Section 213.055, RSMo 2000. Complaints of discrimination are investigated and determined by the Missouri Commission on Human Rights. The Commission has the power to order an employer to cease and desist discriminatory practices and to order the employer to pay back pay to a wrongfully discharged employee. Percy Kent Bag Co. v. Mo. Comm’n on Human Rights, 632 S.W.2d 480 (Mo. banc 1982).

2016 CUMULATIVE SUPPLEMENT (§5.15A) New Section

1. (§5.15A) Comparison of State and Federal Standards (New Section)

Missouri courts have indicated that the standards for claims brought under the MHRA (Missouri Human Rights Act), Chapter 213, RSMo, while similar to federal standards, “are not identical to the federal standards and can offer greater discrimination protection.” Daugherty v. City of Maryland Heights, 231 S.W.3d 814, 819 (Mo. banc 2007) (Missouri’s “contributing factor” standard is more lenient than the corresponding federal standard); see also Korando v. Mallinckrodt, Inc., 239 S.W.3d 647, 649 (Mo. App. E.D. 2007) (“the Missouri Supreme Court recently determined the McDonnell Douglas burden shifting analysis no longer applies” to actions brought under the MHRA; referencing McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973)). “‘If the wording in the MHRA is clear and unambiguous, then federal caselaw which is contrary to the plain meaning of the MHRA is not binding.’” Daugherty, 231 S.W.3d at 819 (quoting Brady v. Curators of Univ. of Mo., 213 S.W.3d 101, 112–13 (Mo. App. E.D...