Color Discrimination Laws in Missouri: Know the Difference From Race Discrimination

Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, prohibits employment discrimination based on color, defined as the lightness, darkness, or other characteristic of skin pigmentation. The federal law applies to employers with 15 or more employees, employment agencies, labor unions, and apprenticeship programs. Color discrimination is distinct from race discrimination and protects individuals regardless of their racial category—meaning two employees of the same race can bring color discrimination claims against each other based on skin tone differences.

The Equal Employment Opportunity Commission (EEOC) enforces Title VII. Prohibited conduct includes discrimination in hiring, firing, compensation, job placement, promotion, discipline, assignments, training, and all other terms and conditions of employment. Color discrimination claims can be based on explicit policies, harassment, or disparate treatment. Remedies under federal law include back pay, front pay, reinstatement, compensatory damages for emotional distress, and punitive damages in cases of intentional discrimination by large employers.

The burden shifts: an employee first establishes a prima facie case (applied for position, qualified, not hired, position filled by someone else or remained open). The employer then must articulate a legitimate, non-discriminatory reason for the adverse action. The employee must then prove the stated reason is pretext for discrimination. Federal law does not require proving intent to discriminate if the policy has a disparate impact.

Missouri's Human Rights Act, § 213.010, provides broader protection than Title VII in one critical respect: it covers employers with only 6 or more employees, whereas federal Title VII requires 15 or more. This means smaller Missouri employers are subject to state color discrimination law when they would escape federal coverage.

Missouri § 213.065 defines unlawful employment practices to include discrimination in hiring, firing, compensation, conditions of employment, and references based on protected characteristics including color. Missouri courts and the MCHR interpret color discrimination identically to federal standards—meaning the case law from both systems applies. Color is treated as a distinct protected class from race, allowing claims based solely on skin tone variations within the same racial group.

Missouri's burden-shifting framework mirrors federal law but with one procedural advantage: the MCHR can conduct investigations and issue findings before litigation becomes necessary. The state agency has authority to compel testimony, issue subpoenas, and negotiate settlements. Missouri allows compensatory damages for emotional distress, humiliation, and reputational harm, and can order reinstatement or front pay if the employee is unable or unwilling to return.

Missouri does not require administrative exhaustion before filing in state or federal court, but filing with MCHR tolls (pauses) the federal 180-day filing deadline for EEOC charges. State law allows claims to proceed in Missouri courts under the Human Rights Act even after EEOC closure. Remedies under state law include back pay with interest, reinstatement, promotion, compensatory damages, attorney fees, and costs. Punitive damages are available if the employer's conduct was reckless or deliberate.

Missouri law does not apply to the federal government, military, Native American tribes, or businesses operating primarily on Native American reservations. § 213.010(2) excludes religious organizations hiring clergy or religious educators, allowing faith-based hiring and firing decisions. The bona fide occupational qualification (BFOQ) defense permits discrimination in narrow circumstances where color is essential to job performance—this is rarely successful and applies only when no reasonable alternative exists.

Missouri recognizes the legitimate, non-discriminatory reason (LNDR) defense: if an employer articulates a valid, documented business reason for an employment decision that is applied consistently, the discrimination claim fails unless the employee proves pretext. This defense requires the employer to show the reason was the true basis for the action, not merely a facade. Common valid defenses include superior qualifications of another applicant, documented performance problems, legitimate seniority systems, merit-based compensation systems, and disciplinary policies applied uniformly.

At-will employment does not shield discrimination: Missouri is an at-will employment state, but employees can still be fired "for a good reason, a bad reason, or no reason at all"—except a discriminatory reason. Color discrimination as the sole or motivating factor for termination violates the law even in at-will contexts. Employer actions taken on grounds explicitly permitted by statute (religion, gender for clergy roles, legitimate occupational qualifications) fall outside liability. Affirmative action programs designed to remedy past discrimination may be defensible if narrowly tailored and not applied as a blanket preference.

Step 1: Document the Discrimination. Keep detailed records of every discriminatory incident: dates, times, locations, what was said or done, who was present, and how it affected you. Preserve emails, messages, performance evaluations, pay stubs, and internal communications. Document your own performance and qualifications (performance reviews, emails showing good work, attendance records). Screenshot discriminatory social media posts or comments if workplace-related. Save hiring or promotion announcements if you were passed over. Create a timeline of events showing a pattern rather than isolated incidents. Store copies in a personal location outside work systems in case you lose access.

Step 2: Pursue Internal Complaint (Not Legally Required but Strategically Important). Before filing externally, report the discrimination to your HR department or management in writing (email or formal letter). Keep the complaint factual and specific: date, what happened, who was involved, how it harmed you, and what remedy you seek (correction of behavior, reinstatement, compensation). Send via email so you have proof of delivery and timing. Request a written response and timeline for investigation. Document their response or lack thereof. Internal complaints matter because they: (1) give the employer a chance to fix the problem immediately, (2) create evidence of notice if litigation becomes necessary, (3) demonstrate your good faith, and (4) sometimes toll statute of limitations.

Step 3: File with Missouri Commission on Human Rights (MCHR). You have 180 days from the date of discrimination to file. Submit a complaint through the MCHR website (www.mo.gov/mchr) or by mail to: Missouri Commission on Human Rights, 3315 West Truman Boulevard, Jefferson City, MO 65109. Include: your name and contact information, employer name and address, date(s) of discrimination, detailed description of what happened, how color discrimination played a role, what outcome you want, and whether you've filed with EEOC. The complaint need not be lengthy or perfectly detailed initially. If you file with EEOC, filing with MCHR (or vice versa in deferral states) is automatic under work-sharing agreements, so inform EEOC you prefer MCHR handling. Note: Filing MCHR stops the clock on your 300-day federal deadline.

Step 4: MCHR Investigation Process. MCHR will send you a receipt of complaint and assign an investigator. The agency notifies the employer (respondent) and requests a written response. The investigator then interviews you, the employer, witnesses, and collects documents. Expect this phase to take 60–180 days depending on complexity and caseload. You may be asked to provide additional evidence, employment records, and witness contact information. Cooperate fully: failure to respond to MCHR requests can result in case closure. The investigator does not determine guilt; they assess whether probable cause exists to believe discrimination occurred. If probable cause is found, MCHR will attempt conciliation (negotiated settlement). If conciliation fails, MCHR issues a charge of discrimination, and the case can proceed to hearing before an administrative law judge or proceed to state or federal court.

Step 5: Consult an Attorney. Contact an employment law attorney as soon as possible—not after MCHR investigation ends. An attorney can: (1) advise whether your complaint is strong, (2) ensure evidence is properly preserved, (3) identify additional claims (retaliation, hostile work environment, etc.), (4) represent you in MCHR proceedings and mediation, and (5) file in state or federal court if necessary. Look for an attorney licensed in Missouri with experience in discrimination and employment law. Many offer free initial consultations. Ask whether they charge contingency (payment only if you win or settle) or hourly rates. An attorney becomes essential if the employer retaliates after you file (termination, discipline, hostile treatment), if damages exceed $10,000, or if the case is complex with multiple alleged discriminatory acts.