Race Discrimination Laws in Missouri: Know Your Rights

Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, prohibits employment discrimination based on race by employers with 15 or more employees. The law covers all aspects of employment including hiring, firing, compensation, job placement, training programs, apprenticeships, and other terms and conditions of employment. Discrimination can occur through explicit policies (segregation, race-based exclusion) or neutral policies that have a disparate impact on a protected class.

Race discrimination also encompasses discrimination based on characteristics closely associated with race, including hair texture, hairstyle, and skin color. Harassment based on race—including slurs, derogatory comments, stereotyping, and exclusion—creates a hostile work environment when it is severe or pervasive enough to alter the terms and conditions of employment.

Retaliation against an employee for opposing discriminatory practices, filing a complaint, or participating in an EEOC investigation is also illegal under Title VII. Remedies available federally include back pay, front pay, compensatory damages (including emotional distress), punitive damages (up to $300,000 depending on employer size), attorney's fees, and injunctive relief. The Equal Employment Opportunity Commission (EEOC) enforces Title VII and investigates charges filed within 180 days of the discriminatory act in non-deferral states or 300 days in deferral states.

Missouri law provides broader protection than federal law through the Missouri Human Rights Act (MHRA), § 213.010 et seq. The state statute applies to employers with 4 or more employees, compared to the federal 15-employee threshold under Title VII. This means smaller Missouri employers are covered by state law even if they fall below federal jurisdiction.

Missouri § 213.050 defines unlawful employment practices to include discrimination based on race in recruitment, hiring, advancement, compensation, job training, apprenticeships, and other terms and conditions of employment. The state law explicitly protects against retaliation for filing complaints, participating in proceedings, or opposing unlawful employment practices. Missouri courts have interpreted the MHRA to require a four-part burden-shifting test: the employee must establish a prima facie case of discrimination, the employer must provide a legitimate non-discriminatory reason, the employee must show the reason is pretextual, and the court must consider the totality of circumstances.

Missouri law does not recognize a private right of action under § 1983 for state government employment discrimination in the same way federal courts do, but the MHRA provides a state-level remedy. Under Missouri law, remedies include compensatory damages, attorney's fees and costs, and injunctive relief. Unlike federal law which caps punitive damages, Missouri allows uncapped compensatory damages but punitive damages are limited to actual damages in some contexts. The Missouri Commission on Human Rights investigates charges and has authority to issue right-to-sue letters allowing employees to pursue civil litigation. The statute of limitations for filing suit in Missouri state court is typically three years from the discriminatory act.

Several important exceptions and defenses limit race discrimination liability in Missouri. First, legitimate occupational qualifications (LOQ) may apply in limited circumstances where race is genuinely necessary for a job function, though this is rarely successful in practice. Employer defenses include establishing a legitimate, non-discriminatory reason for an adverse employment action such as poor performance, violation of company policy, or reduction in force affecting employees of all races equally.

Seniority systems and merit-based pay systems, if applied neutrally and not used as a pretext for discrimination, may shield employers from liability. Bona fide affirmative action programs adopted to remedy past discrimination are legally permissible under both Missouri and federal law. Union collective bargaining agreements do not exempt employers from race discrimination liability, but union-negotiated seniority provisions may be enforceable if applied without discriminatory intent.

At-will employment is the default rule in Missouri, meaning employers may terminate employees for any reason or no reason. However, discrimination based on race is a prohibited reason, so an at-will employment relationship does not eliminate race discrimination protections. Independent contractors are generally not covered by the MHRA; the law applies to employees only. Volunteer positions and unpaid internships typically fall outside MHRA coverage. Harassment by non-supervisory coworkers may trigger liability only if the employer knew or should have known of the conduct and failed to take prompt corrective action. Isolated incidents of offensive language generally do not constitute actionable discrimination; the conduct must be severe or pervasive to alter the work environment.

Step 1: Document Everything. Keep contemporaneous written records of discriminatory conduct including dates, times, locations, specific words used, witnesses present, and any adverse employment actions. Preserve emails, text messages, performance reviews, and any written communications from supervisors or coworkers. Take screenshots of any online harassment. Request and retain copies of your personnel file, payroll records, and promotion history. Document any physical manifestations of harassment and how it affected your work.

Step 2: File an Internal Complaint. Before pursuing external claims, report the discrimination to your employer's human resources department, supervisor's supervisor, or designated compliance officer, if one exists. Request a written acknowledgment of your complaint. Follow your employee handbook procedures if outlined. Keep copies of your written complaint and any response from the employer. Internal complaints create a record and give the employer an opportunity to remediate, which strengthens your case. Note the date and persons present during any verbal complaints. This step, while not legally required, demonstrates due diligence and may support later claims of retaliation if the employer punishes you for complaining.

Step 3: File with the Missouri Commission on Human Rights (MCHR). You must file a charge with the Missouri Commission on Human Rights within 180 days of the discriminatory act. The MCHR has a dual-filing agreement with the EEOC, meaning your charge will be automatically referred to the EEOC for federal investigation. Visit the MCHR website at mchr.mo.gov or contact them at (573) 751-3325. You can file online, by mail, or in person at 3315 West Truman Boulevard, Suite 202, Jefferson City, MO 65109. Provide specific details: your name, the employer's name and address, the discriminatory conduct with dates, witnesses, adverse action taken, and what remedy you seek. Indicate the basis of discrimination (race) and protected characteristic(s). You do not need an attorney to file. The filing fee is free.

Step 4: MCHR and EEOC Investigation. Once your charge is filed, the MCHR will investigate within approximately 120 to 180 days. The investigator will contact the employer and request documentation, witness statements, and the employer's response to your allegations. You will be interviewed and may be asked to provide additional evidence. The employer will be given an opportunity to respond. The investigation process is confidential. The MCHR will issue findings on whether probable cause exists to believe discrimination occurred. If probable cause is found, the MCHR will attempt conciliation between you and the employer. If conciliation fails, the MCHR may issue a notice of right to sue or initiate administrative proceedings.

Step 5: Consult an Employment Attorney. Before your 180-day filing deadline, consider consulting an employment attorney who specializes in discrimination claims. An attorney can evaluate the strength of your case, advise on evidence collection, and represent you in MCHR proceedings or civil court. Many employment attorneys work on contingency, meaning they advance costs and are paid from your settlement or judgment. Consult an attorney before accepting any settlement offer to ensure you fully understand your rights and the value of your claim. If the MCHR issues a right-to-sue letter, you typically have 90 days to file a civil lawsuit in Missouri state or federal court for broader remedies.