Sexual Harassment Laws in Missouri: Your Rights at Work

Title VII of the Civil Rights Act of 1964, 42 U.S.C. section 2000e, prohibits sexual harassment in the workplace for employers with 15 or more employees. The EEOC enforces Title VII and defines sexual harassment as unwelcome conduct of a sexual nature that is sufficiently severe or pervasive to alter the terms and conditions of employment or create a hostile work environment. This includes quid pro quo harassment (where employment decisions are conditioned on sexual favors) and hostile environment harassment (where unwelcome sexual conduct is severe enough to interfere with work performance).

Federal law covers verbal conduct, physical contact, visual harassment (images or gestures), and written communications. The EEOC uses a reasonable person standard to evaluate whether conduct is severe or pervasive. Employers are liable for quid pro quo harassment by supervisors and for hostile environment harassment by co-workers if the employer knew or should have known about it and failed to take prompt corrective action. Federal remedies include back pay, front pay, compensatory damages for emotional distress, punitive damages in intentional discrimination cases, and attorney's fees. The federal filing deadline is 180 days in non-deferral states and 300 days in states with deferral agencies like Missouri.

Missouri's Human Rights Act (MHRA), Missouri Revised Statutes section 213.010 et seq., prohibits sexual harassment and applies a lower employer threshold than federal law. Missouri covers employers with six or more employees, compared to the federal threshold of 15 employees under Title VII. This means smaller Missouri employers are protected under state law even if they fall below the federal threshold.

Missouri defines unlawful employment practices under section 213.111 to include harassment based on sex. The state follows substantially the same legal standard as Title VII—unwelcome sexual conduct that is sufficiently severe or pervasive to alter employment terms or create a hostile work environment. However, Missouri's broader employer coverage means more workplaces receive state-level protection. The MHRA applies to all aspects of employment including hiring, compensation, terms, conditions, and privileges of employment.

Missouri provides state-specific enforcement through the Missouri Commission on Human Rights (MOCHR), which has concurrent jurisdiction with the EEOC. Employees can file with MOCHR, which serves as a deferral agency for federal purposes. Missouri allows filing within 180 days of the last discriminatory act. The state law provides remedies comparable to Title VII, including reinstatement, back pay, front pay, compensatory damages for emotional distress and suffering, and attorney's fees and costs. Missouri courts have recognized that single incidents of severe sexual harassment can support liability even if not persistent. The state also requires employers to maintain records related to complaints and investigations.

Missouri law contains several important exceptions and limitations. The MHRA applies only to employers with six or more employees, so very small businesses with five or fewer employees are not covered by state law (though Title VII does not cover them either). Independent contractors and volunteers are not protected under the MHRA; they must be employees within the statutory definition.

Missouri recognizes the Faragher-Ellerth defense, which allows employers to escape liability for co-worker harassment in certain circumstances. Under this defense, an employer is not liable for a hostile environment created by a co-worker if: (1) the employer exercised reasonable care to prevent and correct harassing behavior, and (2) the employee unreasonably failed to take advantage of preventive or corrective measures provided by the employer. However, employers are strictly liable for harassment by supervisors with authority over the victim's employment, with limited ability to assert the Faragher-Ellerth defense.

The statute of limitations is 180 days from the last discriminatory act—a relatively short window. Continuing violation doctrine may extend this period if harassment is ongoing, but isolated incidents outside the window are not recoverable. Employment at will remains the default rule in Missouri, meaning employers can terminate for other reasons unrelated to harassment complaints, though retaliation for filing a charge is separately prohibited. Union employees covered by collective bargaining agreements may have different procedural requirements under their contracts, though union membership does not eliminate MHRA protections. Confidentiality and non-disclosure agreements cannot bar employees from reporting harassment to government agencies.

Step 1: Document Everything. Create a detailed written record of each incident including the date, time, location, what was said or done, who was present, and how it made you feel. Keep copies of any emails, text messages, or other written communications containing harassing conduct. Preserve voicemails and photographs if relevant. Document your contemporaneous complaints to supervisors, HR, or co-workers—include dates, names, and what you reported. Save performance reviews, pay stubs, and other employment records to establish the timeline and impact on your work. Do not delete digital communications, even if uncomfortable.

Step 2: Use the Internal Complaint Process. Report the harassment to your HR department or direct supervisor (if the supervisor is not the harasser). Provide a clear written description of the conduct and request a prompt investigation. Follow your employee handbook procedures for complaints. Even if you fear retaliation, filing an internal complaint creates a documented record and may trigger the employer's legal obligation to investigate and correct the behavior. Keep copies of your complaint letter and any responses from the company. If your employer takes prompt corrective action and you want to preserve your legal claim, understand that accepting remedies does not waive your right to file an external charge, though timing becomes critical.

Step 3: File a Charge with MOCHR. You must file within 180 days of the last incident of harassment. Contact the Missouri Commission on Human Rights at their office address or online portal. Provide your name, employer name and address, description of the harassment, dates it occurred, names of witnesses, and the relief you seek. MOCHR will assign a case number and notify your employer. You can file online at mochr.mo.gov or submit a written charge form. Include all relevant facts but be concise. MOCHR will then investigate, and your case will be dual-filed with the EEOC automatically, preserving federal remedies. Keep your case number and confirmation.

Step 4: Investigation Process. MOCHR will contact your employer and request their response within a specified timeframe. Investigators may interview you, the respondent (accused harasser), supervisors, co-workers, and witnesses. You will likely be asked for additional documentation and witness contact information. The investigation typically takes 60 to 180 days depending on complexity and agency workload. You may be contacted for supplemental statements. MOCHR will determine whether probable cause exists that the employer violated the MHRA. If probable cause is found, the parties may be offered mediation or conciliation. If no agreement is reached, MOCHR may issue a determination allowing you to pursue a lawsuit or seek hearing before an administrative law judge.

Step 5: Consult an Employment Law Attorney. Contact a Missouri employment law attorney who specializes in discrimination and harassment cases once you have documented the harassment and considered filing. An attorney can advise whether your situation meets the legal standard, evaluate the strength of your claim, explain remedies available, and represent you in negotiations or litigation. Many employment attorneys work on contingency (fee paid from settlement or judgment) so upfront cost is not a barrier. An attorney can also ensure your filing deadline is met and that you preserve all claims. If your employer is large or the harassment is severe with documented impacts, legal representation strengthens your case significantly.