State ex rel. Tivol Plaza, Inc. v. Missouri Commission on Human Rights

The Supreme Court affirmed the circuit court judgments denying two employers’ requests for permanent writs of mandamus against the Missouri Commission on Human Rights (MCHR). The circuit court rejected Employers’ arguments that the MCHR was required to first determine whether Employers’ employees’ complaints of discrimination were timely filed with the MCHR before the MCHR had authority to issue the employees a right-to-sue letter. The Supreme Court held (1) Mo. Rev. Stat. 213.111.1 requires the MCHR to issue a right-to-sue letter and terminate all proceedings related to a complaint if 180 days have elapsed and the employee has made written request for a right-to-sue letter; and (2) because that is what occurred in both of these cases, the MCHR was required to issue the right-to-sue letters, and the circuit court properly refused to issue writs directing the MCHR to perform an act the MHRA prohibits. View "State ex rel. Tivol Plaza, Inc. v. Missouri Commission on Human Rights" on Justia Law