August 2007 E-Alert

Another Missouri Supreme Court Ruling Harms Employers


Yesterday, the Missouri Supreme Court overturned approximately 25 years of precedent and dramatically lowered the standard a plaintiff in an employment discrimination case must meet to proceed to trial under state law. The case, Daugherty v. City of Maryland Heights, is one of a number of recent Missouri Supreme Court and Court of Appeals decisions that have abandoned longstanding precedent to expose Missouri employers to greater liability under the Missouri Human Rights Act (“MHRA”).

Prior to 2003, Missouri courts examined MHRA cases pursuant to the familiar standards used by federal courts in employment discrimination cases under federal law. Daugherty, makes it substantially easier for an employment discrimination plaintiff to avoid summary judgment and proceed to trial. Accordingly, it will be much more difficult for employers to dispose of MHRA claims short of trial. This decision has significant implications with respect to the cost of litigating MHRA claims.

Other recent decisions have provided plaintiffs jury trials, imposed individual liability and eliminated critical affirmative defenses for MHRA claims. The courts’ departure from well-established legal principles has left employers subject to ever-changing and potentially inconsistent standards.

In light of the Supreme Court’s recent rulings, Missouri employers are well advised to take special care in evaluating termination decisions and in the evenhanded application of personnel policies. Employers should also conduct periodic training to ensure both supervisory and non-supervisory employees comply with their legal obligations and take the appropriate steps to help maintain a workplace free of discrimination and harassment.

The Lowenbaum Partnership encourages all employers to review their current policies and, if necessary, consider modifications to reflect the current state of the law. Obviously, The Lowenbaum Partnership stands ready to consult with you should you have any questions or need assistance. Ultimately, only legislative action can address the dramatic shift in the legal landscape imposed by the Missouri Supreme Court. Concerned employers are encouraged to contact their legislators regarding the Court’s recent decisions and the impact on their businesses.


This E-Alert is intended as in informal summary of certain recent legislation, cases, rulings and other developments. This E-Alert does not constitute legal advice or a legal opinion and is not an adequate substitute for advice of counsel. This E-Alert is not intended to nor does it create an attorney-client relationship. The choice of a lawyer is an important decision and should not be based solely upon advertisements. If this E-Alert is deemed to be an advertisement please disregard this solicitation if you have already engaged a lawyer in connection with the legal matter referred to in this solicitation. You may wish to consult your lawyer or another lawyer instead of us. The exact nature of your legal situation will depend on many facts not known to us at this time. You should understand that the advice and information in this solicitation is general and that your own situation may vary. This statement is required by rule of the Supreme Court of Missouri.

This E-Alert is intended as in informal summary of certain recent legislation, cases, rulings and other developments. This E-Alert does not constitute legal advice or a legal opinion and is not an adequate substitute for advice of counsel. This E-Alert is not intended to nor does it create an attorney-client relationship. The choice of a lawyer is an important decision and should not be based solely upon advertisements. If this E-Alert is deemed to be an advertisement please disregard this solicitation if you have already engaged a lawyer in connection with the legal matter referred to in this solicitation. You may wish to consult your lawyer or another lawyer instead of us. The exact nature of your legal situation will depend on many facts not known to us at this time. You should understand that the advice and information in this solicitation is general and that your own situation may vary. This statement is required by rule of the Supreme Court of Missouri.