National Origin Discrimination Laws in Missouri

Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, prohibits employers from discriminating against employees based on national origin. National origin discrimination includes discrimination based on an individual's country of origin, accent, fluency in English, ethnic background, or participation in ethnic customs or associations. The law applies to employers with 15 or more employees for each working day in 20 or more calendar weeks in the current or preceding calendar year.

Title VII covers hiring, promotion, compensation, benefits, job assignments, training, discipline, and termination. It also prohibits harassment based on national origin and retaliation against employees who report discrimination or participate in investigations. The Equal Employment Opportunity Commission (EEOC) enforces Title VII at the federal level.

Federal law prohibits "English-only" workplace rules that are applied broadly, though employers may enforce English-only policies in limited circumstances (e.g., for safety-sensitive positions). Employers cannot require employees to have a specific accent or penalize workers for speaking a non-English language during breaks, unless operational necessity can be demonstrated.

Remedy-wise, Title VII allows for back pay, front pay, compensatory damages (including emotional distress and humiliation), punitive damages (if intentional discrimination is proven), reinstatement, and attorney fees. The EEOC investigates charges and attempts conciliation; if unsuccessful, either party may file suit in federal district court.

Missouri's Human Rights Act (Mo. Rev. Stat. § 213.010 et seq.) provides protections for national origin discrimination that largely parallel federal Title VII but extend to some employers below the 15-employee threshold. Missouri defines national origin broadly to include ancestry, country of origin, accent, and ethnic background, consistent with federal interpretation.

Missouri law applies to employers with 6 or more employees, creating coverage that is wider than the federal 15-employee threshold. This means smaller Missouri employers—those with 6 to 14 employees—may face state liability even if they fall below federal coverage. State discrimination protections are enforced through the Missouri Commission on Human Rights (MCHR), which processes discrimination complaints alongside EEOC charges through a worksharing agreement.

While Missouri's substantive protections are largely equivalent to federal law, the state provides an additional procedural avenue: employees may file directly with the MCHR without first filing with the EEOC, though in practice most charges are filed simultaneously or through the dual-filing system. The MCHR has 180 days to investigate and attempt conciliation.

Under Missouri law, national origin discrimination claims may include dress codes that target national origin groups, language-based harassment by coworkers or supervisors, and accent-based discrimination in hiring or promotion decisions. Remedies under Missouri law include back pay, front pay, compensatory damages, punitive damages, reinstatement, and attorney fees—similar to federal remedies but potentially with lower caps on compensatory damages in some circumstances, depending on the number of employees.

Missouri does not recognize a private right of action independent of the administrative complaint process; claimants must exhaust administrative remedies through the MCHR (or receive a right-to-sue letter from the EEOC) before filing in civil court.

National origin discrimination protections do contain important exceptions and limitations. First, employers may impose English-only workplace rules if they are narrowly tailored to meet a specific operational or safety need—for example, a hospital may require English in emergency situations, or a customer service position may require English fluency for job performance. However, broad English-only policies covering all work situations are presumed discriminatory.

Second, discrimination based on national origin that is a legitimate occupational qualification (LOQC) may be permissible in narrow circumstances, though MOOCs are rare in national origin cases. An employer might argue that a specific national origin characteristic (not national origin itself) is essential to the job—for example, a Spanish-language instructor must be Spanish-fluent—but this does not permit blanket discrimination.

Third, accent-based discrimination is permissible if the accent materially interferes with job performance and cannot be accommodated. An employer may decline to hire or promote an applicant whose accent prevents clear communication in a customer-facing role, provided the decision is based on intelligibility rather than national origin bias and is consistently applied.

Fourth, employers are not required to provide translators or accommodation for non-English speakers as an absolute rule; however, failure to provide language access in safety-critical contexts (e.g., OSHA hazard communications) may constitute discrimination or violate federal workplace safety laws.

Fifth, employees hired on the basis of a work visa or temporary visa status are still protected from national origin discrimination, but employers may enforce lawful immigration-related requirements that apply equally to all employees.

Sixth, at-will employment still applies; an employer may terminate an at-will employee for legitimate, non-discriminatory reasons even if that employee is a member of a protected national origin group. The burden is on the employee to show that national origin was the motivating factor in an adverse employment action.

Step 1: Document the discriminatory conduct thoroughly. Keep detailed notes of dates, times, locations, what was said or done, names of witnesses, and how the conduct affected your employment (missed promotion, reduced hours, hostile comments, exclusion from meetings). Save emails, texts, performance reviews, and any documents showing disparate treatment compared to coworkers of different national origins. If retaliation occurs after you complain, document that separately with dates and specifics.

Step 2: File an internal complaint with your employer's human resources or discrimination complaint process, if one exists. While not legally required, doing so creates a documented record and gives your employer an opportunity to stop the conduct and remedy it. Request a written response and keep copies of your complaint and any employer responses. Some employers have formal discrimination complaint procedures; follow them if available, as failure to exhaust internal remedies is not a bar to filing with the EEOC or MCHR in Missouri, but internal documentation strengthens your case.

Step 3: File a discrimination charge with the EEOC within 180 days of the discriminatory act. In Missouri (a non-deferral state), you file directly with the EEOC, which shares jurisdiction with the Missouri Commission on Human Rights. File online at www.eeoc.gov/filing-charge-discrimination, by mail to the EEOC's St. Louis District Office (314-539-7800), or in person. Your charge must include: your name and contact information, the employer's name and address, a description of the discriminatory conduct, dates it occurred, the national origin basis of the discrimination, and names of witnesses. You may also file directly with the Missouri Commission on Human Rights at www.labor.mo.gov/mohr or by calling 573-751-3325. Filing with one agency triggers dual filing; MCHR investigations typically take 60-90 days initially.

Step 4: Participate in the EEOC or MCHR investigation process. After filing, an investigator will contact both you and the employer to gather facts, review documents, and interview witnesses. You will be asked to provide additional details and documentation to support your claim. The employer will respond and may provide contradictory evidence. This phase typically takes 60-180 days. The investigator may attempt conciliation—a settlement negotiation—between you and the employer. If conciliation fails, the EEOC will issue a determination of whether reasonable cause exists to believe discrimination occurred.

Step 5: Consult an employment attorney if you receive a right-to-sue letter from the EEOC or an adverse determination from the MCHR, or if the investigative process stalls. An experienced employment discrimination attorney can evaluate the strength of your case, represent you in settlement negotiations, file a civil lawsuit in federal or state court if necessary, and help recover damages. Many employment lawyers work on contingency (you pay only if you win), and the losing employer may be required to pay your attorney fees under Title VII and Missouri law.