Employment discrimination lawyer · St. Louis
Employment discrimination lawyer in St. Louis
If you were fired, demoted or treated unfairly at work because of your race, sex, religion, age, disability or national origin, you may have a discrimination claim. In Missouri you must first file with a government agency. You have 180 days to file with the Missouri Commission on Human Rights, and generally 300 days to file with the federal EEOC.
Two laws protect you at work
Most job discrimination claims in Missouri fall under a federal law, a state law, or both. They overlap, but the deadlines and rules differ.
Federal law (Title VII)
Protects you from unfair treatment because of race, color, religion, sex or national origin. It covers hiring, firing, pay and other job decisions. It applies to employers with 15 or more workers. You file with the federal Equal Employment Opportunity Commission (EEOC).
Missouri law (Missouri Human Rights Act)
Protects you from unfair treatment because of race, color, religion, national origin, sex, ancestry, age or disability. It applies to employers with six or more workers. You file with the Missouri Commission on Human Rights (MCHR).
Both laws also protect you from payback, which the law calls retaliation. Your employer cannot punish you for complaining about discrimination. It also cannot punish you for helping with an investigation. Retaliation claims are common. They are often easier to prove than the original unfair treatment.
The deadlines to file with an agency
You cannot go straight to court. You must file a complaint with an agency first. The clock starts on the day of the unfair act, like the day you were fired.
180 days
Deadline to file with the Missouri Commission on Human Rights (Mo. Rev. Stat. § 213.075).
300 days
Deadline to file with the EEOC in Missouri. The federal baseline is 180 days. It becomes 300 days in states like Missouri that have their own agency (42 U.S.C. § 2000e-5).
Treat 180 days as your real deadline. If you miss it, you can lose your Missouri claim, even if your federal claim is still open. The EEOC counts weekends and holidays. If the last day falls on one, you get until the next business day.
The “right to sue” letter
After you file, the agency looks into your complaint. At some point you get a letter saying you may now sue. It is called a “right to sue” letter. Your lawsuit deadline starts from that letter.
- Federal claim. You have 90 days after the EEOC’s notice to file your lawsuit.
- Missouri claim. If the agency has not finished after 180 days, you can ask in writing for the letter. You then have 90 days to sue. But you must also sue within two years of the unfair act.
That two-year limit keeps running no matter how slow the agency is. So when you ask for the letter matters.
What changed in Missouri in 2017
Missouri changed its law in 2017. Three changes matter most for you:
- A higher bar to prove. You must show your protected trait was the motivating factor in the decision. Not just one factor among many.
- Supervisors usually cannot be sued personally. The claim is against the employer, not the boss.
- Limits on damages. Money for emotional harm and punishment is capped by company size. Lost pay is separate.
Either side can ask for a jury trial on a Missouri claim.
Limits on damages
Both laws cap money for emotional harm plus punishment. Lost wages are not part of the cap. Under federal law, lost pay can reach back only two years before you filed with the EEOC.
| Number of workers | Federal cap | Missouri cap |
|---|---|---|
| 6 to 14 | Federal law does not apply | $50,000 |
| 15 to 100 | $50,000 | $50,000 |
| 101 to 200 | $100,000 | $100,000 |
| 201 to 500 | $200,000 | $200,000 |
| More than 500 | $300,000 | $500,000 |
These are the most the law allows for each person. They are not a prediction of what any case is worth.
What to do now
A federal claim can be filed in federal court. A Missouri claim can be filed in state court or joined with a federal claim in federal court. Employers sued in state court often move the case to the federal court in St. Louis.
Harjot Singh Padda, JD starts every job case with a timeline. When did each unfair act happen? When did you complain? When did you file with an agency, and what letters did you get? The timeline shows which claims are still open.
- Keep copies of your offer letter, reviews, write-ups, pay stubs and firing notice.
- Write down dates, names and what was said, while you still remember.
- Do not take company files you are not allowed to have.
- Note the 180-day date on your calendar today.
Common questions
Do I file with the EEOC or the Missouri agency?
Often both, and the deadlines differ: 180 days for Missouri and usually 300 days for the EEOC. Ask how your complaint should be filed. See federal court cases for what comes next.
Can I sue my boss personally?
Usually not under Missouri’s discrimination law since 2017. Other claims may be possible. See civil lawsuits.
My employer has 10 workers. Am I covered?
Federal law needs 15 workers, so it likely does not apply. Missouri law covers employers with six or more. For employer questions, see employment agreements and non-competes.
How long do I have after the right-to-sue letter?
Ninety days under both laws. Under Missouri law, you also must sue within two years of the unfair act. See the federal lawsuit guide.
Can my employer move my case to federal court?
If you also have a federal claim, or the sides are from different states, the employer may try. See moving a case to federal court.
Related reading
- Moving a case to federal court
- How a federal lawsuit works
- Employment agreements and non-competes
- Federal court cases
Start with your timeline
Bring the dates of what happened, any agency papers, and your firing or discipline records.
4477 Woodson Rd
St. Louis, MO 63134
The choice of a lawyer is an important decision and should not be based solely upon advertisements. This page is general information, not legal advice, and reading it or contacting the office does not create an attorney-client relationship.
Sources
- 42 U.S.C. § 2000e(b) (Title VII definition of employer). Cornell Legal Information Institute
- 42 U.S.C. § 2000e-2(a) (unlawful employment practices). Cornell Legal Information Institute
- 42 U.S.C. § 2000e-3(a) (retaliation). Cornell Legal Information Institute
- 42 U.S.C. § 2000e-5(e)(1), (f)(1), (g)(1) (charge deadlines; 90-day suit period; back pay). Cornell Legal Information Institute
- U.S. Equal Employment Opportunity Commission, Time Limits for Filing a Charge. EEOC
- 42 U.S.C. § 1981a(b)(3) (Title VII damages limits). Cornell Legal Information Institute
- Mo. Rev. Stat. § 213.010 (definitions; “because of”; employer). Missouri Revisor of Statutes
- Mo. Rev. Stat. § 213.055 (unlawful employment practices). Missouri Revisor of Statutes
- Mo. Rev. Stat. § 213.070 (retaliation). Missouri Revisor of Statutes
- Mo. Rev. Stat. § 213.075 (180-day MCHR complaint deadline). Missouri Revisor of Statutes
- Mo. Rev. Stat. § 213.111 (right-to-sue; suit deadlines; damages limits). Missouri Revisor of Statutes