Employment Law

Wilson v. City of Kansas City, SC97712: Missouri Supreme Court to consider whether an employee’s worker’s compensation disability rating is relevant to an MHRA disability discrimination claim

July 23, 2019

The Missouri Supreme Court will consider whether a disability rating for purposes of workers’ compensation is relevant to an employee’s claims of disability discrimination under the Missouri Human Rights Act. A trial court permitted the employee to present evidence of his permanent partial disability to support his claim that the employer discriminated against him due   …read more

Supreme Court Issues New Arbitration Decision

May 22, 2019

The Missouri Supreme Court issued a new arbitration decision on May 21, 2019.  In State ex rel. Jesse Newberry v. Jackson, consolidated with State ex rel. Lowrance v. Jackson, the Court considered whether two employees could sue their former employer for discrimination in court, or whether their claims should be determined in arbitration.  Both employees   …read more

Missouri Supreme Court issues two new discrimination decisions

March 4, 2019

The Missouri Supreme Court issued two decisions on February 26, 2019, relating to sex or gender discrimination claims brought under the Missouri Human Rights Act (MHRA).   In Lampley v. Missouri Commission on Human Rights, SC 96828, the Court held that a gay man’s claim that he was discriminated against for failing to display “stereotypical” male   …read more

Court of appeals rules in favor of CVDL client in arbitration case

April 24, 2018

The Missouri Court of Appeals ruled on April 24, 2018 that our client can proceed in court on her claims of employment discrimination.  The employer had moved to compel arbitration in the case, saying that the employee had signed an arbitration agreement when she was hired.  The employee, who is blind, argued that she had   …read more

Missouri Supreme Court clarifies the limits of co-worker negligence liability for workplace injuries occurring between 2005 and 2012.

March 12, 2018

On March 6, 2018, the Missouri Supreme Court issued opinions in four companion cases dealing with co-worker liability for negligence personal injury claims occurring between 2005 and 2012, Conner v. Ogletree and Evans v. Wilson, Nos. SC95995 and SC95997 (consolidated), Fogerty v. Armstrong, No. SC96030, and McComb v. Norfus, No. SC96042.  During this time period,   …read more

Missouri Supreme Court to consider cases involving whether the Missouri Human Rights Act prohibits workplace sexual orientation discrimination and public school transgender discrimination.

January 24, 2018

On January 23, 2018, the Missouri Supreme Court granted transfer in two cases that are expected to address the scope of sex discrimination claims under the Missouri Human Rights Act (MHRA): Lampley et al. v. Mo. Comm’n on Human Rights and in R.M.A. v. Blue Springs R-IV School District, No. SC96683.  Lampley involves a state   …read more

The Missouri Supreme Court to consider arbitrability of a workers’ compensation retaliatory discharge claim.

December 20, 2017

The Supreme Court issued a preliminary writ of mandamus in State ex rel. Chaparro v. Youngs, SC96779.  In the underlying suit, Ms. Chaparro sued U-Haul alleging that it discriminated against her for a perceived disability and retaliated against her for exercising her workers’ compensation rights in violation of § 287.780.  U-Haul moved to compel arbitration of   …read more

New employment law to take effect August 28, 2017.

August 18, 2017

A new Missouri law that affects employment discrimination and whistleblowing claims will take effect on August 28, 2017.  This law will change the standard for discrimination claims, as well as change the amount of damages available and who may be sued.  The law also addresses whistleblower claims.  Employers should consider updating their workplace policies and   …read more