Ogletree Deakins: Missouri Supreme Court Decision Addresses Untimely Claims | Practical Law

Ogletree Deakins: Missouri Supreme Court Decision Addresses Untimely Claims | Practical Law

This Law Firm Publication by Ogletree, Deakins, Nash, Smoak & Stewart, P.C. discusses the Missouri Supreme Court's August 27, 2013 decision in Farrow v. St. Francis Medical Center, which altered the way in which employers must address untimely claims under the Missouri Human Rights Act. In Farrow, the plaintiff filed a complaint with the Missouri Commission on Human Rights (MCHR) alleging her former employer retaliated against her and subjected her to sexual harassment. The MCHR issued a right-to-sue letter, but because the allegedly unlawful practices occurred more than 180 days before the plaintiff filed the charge with the MCHR, the trial court dismissed her claims. However, the Missouri Supreme Court held that by issuing the right-to-sue letter, the MCHR had implicitly found the plaintiff's claim was timely, and if the defendants wanted to challenge the timeliness of her filing, they were required to do it before the MCHR issued the right-to-sue letter.

Ogletree Deakins: Missouri Supreme Court Decision Addresses Untimely Claims

Practical Law Legal Update 1-540-4566 (Approx. 3 pages)

Ogletree Deakins: Missouri Supreme Court Decision Addresses Untimely Claims

by Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Published on 05 Sep 2013Missouri, United States
This Law Firm Publication by Ogletree, Deakins, Nash, Smoak & Stewart, P.C. discusses the Missouri Supreme Court's August 27, 2013 decision in Farrow v. St. Francis Medical Center, which altered the way in which employers must address untimely claims under the Missouri Human Rights Act. In Farrow, the plaintiff filed a complaint with the Missouri Commission on Human Rights (MCHR) alleging her former employer retaliated against her and subjected her to sexual harassment. The MCHR issued a right-to-sue letter, but because the allegedly unlawful practices occurred more than 180 days before the plaintiff filed the charge with the MCHR, the trial court dismissed her claims. However, the Missouri Supreme Court held that by issuing the right-to-sue letter, the MCHR had implicitly found the plaintiff's claim was timely, and if the defendants wanted to challenge the timeliness of her filing, they were required to do it before the MCHR issued the right-to-sue letter.