Sexual Orientation 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 race, color, religion, sex, or national origin. In Bostock v. Clayton County, 140 S. Ct. 1731 (2020), the U.S. Supreme Court held that Title VII's ban on sex discrimination inherently protects against sexual orientation discrimination. The law applies to private employers with 15 or more employees, state and local governments, employment agencies, and labor unions.

Covered conduct includes hiring, firing, compensation, job training, promotion, discipline, and all other terms and conditions of employment. Hostile work environment based on sexual orientation is also actionable. The U.S. Equal Employment Opportunity Commission (EEOC) enforces Title VII. Remedies include back pay, front pay, compensatory damages for emotional distress and humiliation, punitive damages in cases of intentional discrimination, attorney fees, and court costs. Victims may also seek injunctive relief to stop ongoing discrimination or be reinstated to their position.

Employers can defend against Title VII claims by proving the employment decision was based on a legitimate, non-discriminatory reason or by establishing a bona fide occupational qualification (BFOQ)—a narrow exception rarely applied to sexual orientation. Retaliation against employees for opposing discriminatory practices or participating in investigations is also prohibited under Title VII.

Missouri does not have a state civil rights statute that explicitly prohibits sexual orientation discrimination in employment. Mo. Rev. Stat. § 213.010 et seq. (Missouri Human Rights Act) prohibits discrimination based on race, color, religion, sex, national origin, disability, and age, but does not include sexual orientation or gender identity as protected categories. This means Missouri employees have no state-law remedy for sexual orientation discrimination and must rely entirely on federal Title VII protections.

As a result, Missouri's lack of state protection creates a significant gap: private employers with fewer than 15 employees are not covered by federal Title VII and face no legal prohibition under state or federal law against sexual orientation discrimination. In contrast, many neighboring states and states nationwide have enacted state laws extending protections to smaller employers and providing additional remedies such as state-level damages. Missouri remains one of 27 states without explicit statutory protection for sexual orientation in employment.

For employers covered by Title VII (15+ employees), the practical effect is that both federal and state law apply—though the state law adds no additional protection. State human rights agencies exist (the Missouri Commission on Human Rights administers the state Human Rights Act), but they cannot process sexual orientation discrimination complaints under state law. Federal remedies under Title VII are the sole recourse.

Missouri courts have not recognized a common-law cause of action for sexual orientation discrimination outside the statutory framework. Public-sector employees covered by federal law have the same Title VII protections as private-sector employees, but no additional state-law safeguards. The lack of state law also means Missouri employers are not required by state law to provide workplace accommodations, diversity training, or anti-discrimination policies specific to sexual orientation, though federal Title VII requires employers covered by it to maintain non-discriminatory policies and practices.

Several important exceptions and limitations apply:

Small Employer Exception: Title VII only applies to private employers with 15 or more employees on the payroll for at least 20 weeks in the current or prior calendar year. A Missouri employer with 14 employees has no legal obligation under federal or state law to refrain from sexual orientation discrimination. Religious organizations have a limited exemption under Title VII that permits them to hire and employ individuals based on religion; this exemption does not explicitly extend to sexual orientation, but religious employers may argue that certain positions are ministerial and exempt.

At-Will Employment: Missouri is a strict at-will employment state (Mo. Rev. Stat. § 290.140). Absent an employment contract, statute, or public policy exception, employers may terminate employees for any reason or no reason. However, discrimination based on sexual orientation in violation of Title VII is an illegal reason and pierces the at-will shield. The burden then shifts to the employer to prove a legitimate, non-discriminatory reason.

Bona Fide Occupational Qualification (BFOQ): Employers can defend a discriminatory practice if sexual orientation is a BFOQ reasonably necessary to the normal operation of the business. This is a very narrow exception; courts rarely uphold it. For example, an employer could not claim a BFOQ for a generic office position based on customer preference.

Seniority Systems: Bona fide seniority or merit systems established pursuant to a collective bargaining agreement are protected, provided they are applied uniformly and are not used as a pretext for discrimination.

Union Representation: While Title VII applies to unions (29 U.S.C. § 2000e-2(c)), collective bargaining agreements do not shield unions or employers from Title VII liability. However, grievance procedures in union contracts may provide an alternative dispute-resolution mechanism.

Statute of Limitations: Missouri has no independent state law statute of limitations for sexual orientation discrimination claims; the federal Title VII 300-day filing deadline applies. Failure to file within 300 days bars the claim entirely.

Step 1: Document the Discrimination.

Keep detailed written records of every instance of sexual orientation discrimination, including the date, time, location, what was said or done, who witnessed it, and how it affected your work or terms of employment. Save all relevant emails, text messages, performance reviews, schedules, and pay stubs. Note if you were denied a promotion, raise, desirable assignment, or were isolated from coworkers. Record any slurs, offensive comments, jokes, or exclusionary behavior. Take screenshots of derogatory posts or comments on company social media or internal communication platforms. If possible, get written statements from witnesses or coworkers who observed the discrimination. Store all documentation in a safe place outside company control (personal email, home file, cloud storage) so it cannot be deleted or accessed by the employer.

Step 2: Report to Your Employer (Internal Complaint).

Most employers are required by Title VII to have an anti-discrimination complaint procedure. Review your employee handbook for the grievance or complaint process and follow it precisely. Write a clear, dated letter to HR or your manager describing the discrimination, citing specific incidents, dates, and the harm caused. Keep a copy for your records. Use the words "discrimination based on sexual orientation" to make the legal basis clear. If your employer has an ombudsperson, ethics hotline, or alternative dispute resolution program, you may use those in addition to or instead of HR. File the complaint within a reasonable time after the discrimination occurs; delays may weaken your claim, though they do not eliminate it. Report retaliation if it occurs after your complaint. Internal complaints often do not resolve the issue, but documenting that you reported it to the employer is important for your federal charge and may affect potential remedies.

Step 3: File an EEOC Charge.

You must file a charge of discrimination with the U.S. Equal Employment Opportunity Commission within 300 days of the discriminatory act (Missouri is a deferral state with a state agency, so the deadline is 300 days, not 180). File online at www.eeoc.gov/filing-charge-discrimination, by mail, or in person at the nearest EEOC field office. The EEOC office serving Missouri is located at 1222 Spruce St., Suite 8.100, St. Louis, MO 63103; phone: (314) 539-7800. Alternatively, you can file by calling 1-800-669-4000 (TTY: 1-202-663-4494) to request the charge form or locate your local office. You will need to provide your name, address, phone number, employer name and address, a description of the discriminatory conduct, dates, witness names if available, and the date the discrimination occurred. You do not need an attorney to file a charge, and there is no filing fee. Submit all documentation (emails, photos, witness statements) with your charge or shortly after. Specify that the discrimination was based on sexual orientation and cite the Bostock decision if helpful. Keep a copy of your charge and the EEOC intake receipt.

Step 4: Expect EEOC Investigation and Processing.

Once you file a charge, the EEOC will notify your employer and begin an investigation. The EEOC investigator will contact you and the employer, request documents, interview witnesses, and determine whether there is "reasonable cause" to believe discrimination occurred. This process typically takes 60 to 180 days, though it can be longer if the case is complex or the EEOC is backlogged. You will be contacted by the investigator; provide all documents and truthful answers. The employer will also be given the opportunity to respond. If the EEOC finds reasonable cause, it will attempt to conciliate (settle) the dispute. If conciliation fails, the EEOC may file suit on your behalf or issue you a right-to-sue letter, which allows you to file a private lawsuit in federal court within 90 days. If the EEOC does not find reasonable cause, you will receive a right-to-sue letter allowing you to pursue a private lawsuit anyway. Do not delay in filing suit; the 90-day window is strict.

Step 5: Consult an Employment Attorney.

Consider contacting an employment attorney before or immediately after filing your EEOC charge. An attorney can advise you on the strength of your claim, help gather evidence, represent you in EEOC conciliation, and file a lawsuit if necessary. Many employment attorneys work on contingency (no upfront fee; they take a percentage of your recovery). Federal law (42 U.S.C. § 1988(b)) allows prevailing plaintiffs to recover attorney fees and court costs, so the defendant employer may end up paying your lawyer. An attorney experienced in Title VII sexual orientation discrimination is preferable. Interview multiple attorneys and ask about their experience with similar cases, their assessment of your claim, and their fee structure. Do not sign any settlement agreement without attorney review, as it may waive your rights.