Workplace Harassment Laws in Missouri: Rights & Remedies

Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., prohibits workplace harassment based on race, color, religion, sex, or national origin. The law applies to employers with 15 or more employees for 20 or more weeks in a calendar year. The Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, prohibits harassment based on disability, also covering 15+ employee employers. The Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621, prohibits age-based harassment for workers 40 and older at employers with 20+ employees.

Under federal law, harassment occurs when unwelcome conduct based on a protected characteristic becomes so severe or pervasive that it creates an abusive or hostile work environment or results in a tangible employment action (firing, demotion, etc.). The employer is strictly liable if the harassment involves a supervisor and results in a tangible employment action. If the harassment is by a co-worker or non-supervisory person, the employer is liable if it knew or should have known of the harassment and failed to take corrective action.

The EEOC enforces these laws. Remedies include back pay, front pay, compensatory damages (emotional distress, loss of reputation), punitive damages (if the employer acted with malice or reckless indifference), reinstatement, and attorney's fees. You have 180 days from the last incident of harassment to file an EEOC charge in Missouri (a non-deferral state).

Missouri does not have a dedicated state workplace harassment statute; however, Missouri Revised Statutes § 213.010 (Missouri Human Rights Act) prohibits discrimination based on race, color, religion, sex, national origin, disability, and age, which can encompass harassment. The Missouri Human Rights Act applies to employers with 6 or more employees, a lower threshold than federal law (15 employees).

Missouri's law is stronger than federal law in terms of the employer size threshold—coverage begins at 6 employees rather than 15. However, Missouri's Human Rights Act does not explicitly define harassment as a separate violation; instead, it addresses harassment as a form of discrimination under the umbrella of the act. Missouri recognizes common law tort claims not available under federal law alone, including intentional infliction of emotional distress (IIED), assault, battery, and false imprisonment.

For IIED claims, the conduct must be extreme and outrageous, beyond the bounds of decency, and cause severe emotional distress. Employers are liable if the harassment is by management or if they failed to prevent and correct harassment by co-workers. Under Missouri law, employers cannot rely on the federal "reasonable steps" defense for co-worker harassment as readily as they can under federal law.

Remedies under Missouri law include compensatory damages (back pay, lost benefits, emotional distress), punitive damages, and in tort cases, damages for pain and suffering, loss of enjoyment of life, and attorney's fees. Missouri workers can file a charge with the Missouri Commission on Human Rights (MOCHR) or file directly in state court, providing flexibility in remedies and legal theories. The state law does not provide a damage cap, unlike some federal scenarios.

At-will employment is the default rule in Missouri. Employers may legally terminate employees for any lawful reason, but not for an unlawful reason (e.g., retaliation for reporting harassment or refusing to participate in harassment). However, at-will employment does not shield employers from harassment liability if the harassment is based on a protected characteristic.

Harassment claims require proof that the unwelcome conduct was based on a protected characteristic (race, color, religion, sex, national origin, disability, age 40+). General rudeness, personality conflicts, unfair management, or hostile conduct not tied to a protected characteristic does not constitute unlawful harassment. For example, if a supervisor harasses all employees equally without regard to protected status, the claim will likely fail.

Employers can assert the Faragher-Ellerth defense if the harassment is by a co-worker and did not result in a tangible employment action (firing, demotion, loss of pay). The defense requires the employer to show: (1) it exercised reasonable care to prevent and correct harassment, and (2) the employee unreasonably failed to use complaint procedures or report the harassment. An employer with a strong anti-harassment policy, regular training, and documented investigation of prior complaints may succeed on this defense.

Supervisor harassment generally makes the employer strictly liable, with limited exception if the employee failed to report despite knowing a complaint procedure existed and the failure to report was the sole cause of the employer's lack of knowledge.

Small employers (under 6 employees) are not covered by Missouri's Human Rights Act, though they may still be liable under federal Title VII if they have 15+ employees, or under common law tort claims. Union employees covered by a collective bargaining agreement may be required to exhaust grievance procedures before filing external complaints, though this does not bar EEOC charges. Government employees and independent contractors are not covered.

Step 1: Document the harassment immediately and thoroughly. Keep a detailed log with dates, times, locations, what was said or done, who witnessed it, and how it affected you (emotional distress, missed work, etc.). Save all written communications (emails, texts, Slack messages) that contain harassing language. Take screenshots if content may be deleted. Create a personal file at home (not just on the employer's computer) to preserve evidence.

Step 2: Follow the employer's internal complaint procedure if one exists. Most Missouri employers have an anti-harassment or grievance policy in the employee handbook or HR materials. Report the harassment to HR, your supervisor's manager, or the designated complaint officer, in writing if possible (email is acceptable). State clearly that you are reporting harassment based on a protected characteristic (race, sex, religion, disability, age, etc.). Request a written response and documentation of the investigation. Keep copies of all communications. Internal reporting is not required to preserve your legal rights, but it creates an opportunity for the employer to correct the conduct and may strengthen your case later.

Step 3: File an EEOC charge if the harassment is based on a protected characteristic under federal law. Visit the EEOC's website at www.eeoc.gov to file online, by mail, or in person at the St. Louis EEOC office (EEOC St. Louis District Office, 1222 Spruce Street, Suite 8.100, St. Louis, MO 63103; phone: 314-539-7800). You have 180 days from the last incident of harassment to file. Include your name, address, phone, job title, employer name and address, a description of the harassment, the dates, the protected characteristic (e.g., "harassment based on my sex"), and a list of witnesses. Alternatively, file with the Missouri Commission on Human Rights (MOCHR) at P.O. Box 504, Jefferson City, MO 65102, or online at www.mochr.mo.gov (phone: 573-751-3325). The EEOC and MOCHR have a workshare agreement; filing with one may preserve your rights with both.

Step 4: Expect the investigation process to take 60–180 days. The EEOC or MOCHR will notify the employer of your charge, and the employer will submit a written response and evidence. The investigator will request additional information from you, interview witnesses, and review documents. You may request updates but cannot usually participate directly in interviews. The agency will make a determination: (1) "Cause found" (reasonable belief harassment occurred), (2) "No cause found" (insufficient evidence), or (3) "Administrative closure" (settlement reached). If cause is found, the EEOC may attempt conciliation; if conciliation fails, you receive a "right-to-sue" letter, which allows you to file a federal lawsuit within 90 days.

Step 5: Consult an employment attorney if the harassment was severe or ongoing, if the employer retaliated after your complaint, if you suffered significant damages (lost wages, emotional distress), or if the internal process was inadequate. An attorney can advise whether to pursue a federal Title VII claim (EEOC), a state Human Rights Act claim (MOCHR), a common law tort claim (IIED, assault) in state court, or multiple claims simultaneously. Missouri allows recovery of punitive damages under tort law if the conduct was extreme and outrageous, making attorney representation particularly valuable. Many employment attorneys work on contingency for harassment cases, meaning you pay no upfront fee.