Missouri Human Rights Act: How State Law Protects Workers

Every worker deserves a fair and respectful environment, free from discrimination and harassment. In Missouri, state laws provide specific protections to ensure you are treated equitably on the job. Understanding these laws is the first step in defending your rights and holding employers accountable for unlawful behavior.

The Missouri Human Rights Act is a critical piece of legislation that safeguards individuals from various forms of discrimination. While federal laws offer a baseline of protection across the country, Missouri’s specific statutes provide unique coverage that can impact how claims are handled and who can be held responsible. If you live or work in the state, knowing the details of this law can make a significant difference in how you handle workplace disputes.

In this guide, the Missouri employment law attorneys at Barrett & Farahany will break down what the Missouri Human Rights Act covers, how it compares to federal regulations, and the exact steps you need to take if your rights have been violated.

What is the Missouri Human Rights Act?

The Missouri Human Rights Act (often referred to under state statute RSMo 213) is a comprehensive state law designed to prohibit discrimination in several key areas of daily life. The primary goal of the legislation is to ensure that all individuals have equal opportunities and are not unfairly disadvantaged because of their personal characteristics.

Under the Missouri HRA, specific protected classes are shielded from discriminatory practices. It is illegal for covered entities to discriminate against you based on your:

• Race and color
• Religion
• National origin and ancestry
• Sex (which includes pregnancy)
• Disability (both physical and mental)
• Age (specifically ages 40 to 69, applicable only in employment)
• Familial status (applicable only in housing matters)

By explicitly outlining these protected categories, the state empowers workers and citizens to take legal action when they face unjust treatment.

The Scope of Protection Under the Law

The Missouri Human Rights Act applies broadly across three main sectors: employment, housing, and public accommodations.

Employment Protection

Workplace protections are a major focus of the Missouri HRA. The law applies to any employer with six or more employees. This means even relatively small businesses must comply with anti-discrimination mandates. The Act covers all phases of the employment cycle. 

Employers cannot base decisions regarding hiring, firing, compensation, promotions, or training on any of the protected characteristics. Furthermore, it strictly prohibits workplace harassment, including sexual harassment, ensuring that employees can perform their duties in a safe and non-hostile environment.

Housing and Real Estate

Beyond the workplace, the Missouri Human Rights Act ensures fair treatment in housing. It is illegal for landlords, sellers, or financial institutions to discriminate when renting, selling, or financing homes. The inclusion of “familial status” as a protected class means that families with children are also protected from unfair housing practices.

Public Accommodations

The law also guarantees equal access to places of public accommodation. This prohibits discrimination in spaces open to the general public, including restaurants, hotels, movie theaters, retail stores, and schools. You have the right to access goods, services, and facilities without facing bias or exclusion based on your race, religion, sex, or any other protected trait.

How the Missouri HRA Compares to Federal Law

While the Missouri Human Rights Act shares many similarities with federal civil rights laws — such as Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) — there are several important distinctions.

Employer Size Requirements

One of the most notable differences is the size of the employers covered by the laws. Federal anti-discrimination laws, like Title VII and the ADA, generally only apply to employers with 15 or more employees. 

The Missouri HRA casts a wider net, applying to employers with six or more employees. This crucial difference means that many workers at small businesses who lack federal protection can still find recourse under state law.

The “Motivating Factor” Standard

In 2017, Senate Bill 43 significantly amended the Missouri Human Rights Act, altering the burden of proof required for employees to win a discrimination claim. Previously, an employee only needed to prove that their protected status was a “contributing factor” to the employer’s adverse action. 

Now, the law aligns more closely with federal standards, requiring plaintiffs to prove that discrimination was the “motivating factor” behind the unfair treatment. This stricter standard means employees must present stronger evidence that their protected trait was the primary reason for the employer’s decision.

Damage Caps

Similar to federal law, the Missouri HRA imposes limits on the amount of money an employee can recover in a lawsuit. The state law caps damages for emotional pain, suffering, and punitive damages based on the size of the employer.

Protections Against Retaliation and Individual Liability

A critical component of any anti-discrimination law is the ability to report violations without fear of losing your job or facing workplace hostility.

Retaliation Provisions

The Missouri Human Rights Act makes it strictly illegal for an employer to retaliate against anyone who files a discrimination complaint, testifies in a hearing, or assists in an investigation. If you report sexual harassment or racial discrimination, your employer cannot legally demote you, cut your hours, or terminate your employment as punishment.

However, there are nuances. For example, the Missouri Supreme Court has previously held that the Missouri HRA does not provide a cause of action for retaliation, specifically when an employee requests a disability accommodation, making state law somewhat more limited in that specific scenario compared to the federal ADA.

Individual Liability

Under federal law, you generally cannot sue your individual supervisor or manager for discrimination; you must sue the company. The Missouri HRA has historically allowed for individual liability, meaning a specific supervisor could be held personally responsible for their discriminatory actions. 

While recent amendments have tightened these rules, there are still specific situations under state law where individual bad actors can be held accountable.

The Process of Filing a Claim

If you believe your rights under the Missouri Human Rights Act have been violated, there is a strict legal process you must follow to pursue justice. You cannot simply file a lawsuit in court immediately; you must first exhaust your administrative remedies.

Filing with the MCHR

Complaints must be filed with the Missouri Commission on Human Rights (MCHR). The first step usually involves completing a Discrimination Complaint Assessment on the MCHR website to determine if the agency has jurisdiction over your case. 

Once jurisdiction is confirmed, you must submit a formal complaint either online or via mail to the Missouri Department of Labor and Industrial Relations.

Strict Deadlines

Time is of the essence when dealing with discrimination claims. Under the Missouri HRA, you must file your complaint with the MCHR within 180 days of the last alleged discriminatory act. If you miss this window, you may lose your right to pursue a claim entirely.

If your claim also falls under federal jurisdiction, you can request that your complaint be “dual-filed” with the Equal Employment Opportunity Commission (EEOC). Dual-filing can sometimes extend the filing deadline to 300 days for the federal portion of the claim, but it is always safest to act well within the 180-day state deadline.

The Right to Sue Notice

Once the MCHR processes your complaint, they will investigate the matter. After 180 days have passed from the date you filed, you have the option to request a “Notice of Right to Sue.” 

Receiving this letter allows you to pull your case out of the administrative agency and file a formal lawsuit in state court. Once you receive this Right to Sue letter, you have a strict 90-day window to file your lawsuit in court.

Protect Your Workplace Rights Today

Navigating the complexities of the Missouri Human Rights Act requires a deep understanding of state statutes, strict filing deadlines, and complex legal standards. Proving that discrimination was a motivating factor in your employer’s decision can be a high hurdle, but you do not have to clear it alone.

If you are an employee in Missouri whose human rights have been violated in the workplace, do not wait to seek legal guidance. Contact the experienced employment attorneys at Barrett & Farahany today. We are dedicated to holding employers accountable and fighting for the justice and compensation you deserve.