Understanding the Legal Process for Company Defense against a Charge of Discrimination Before the Missouri Commission on Human Rights

St. Louis attorney Kevin J. Dolley represents businesses charged with discrimination before the Missouri Commission on Human Rights. The Missouri Commission on Human Rights investigates complaints of discrimination in employment filed against companies. The Commission's investigative powers stem from the Missouri Human Rights Act. The Missouri Human Rights Act makes it unlawful to discriminate in employment on the basis of protected classifications such as age, disability, race, sex, national origin, race, gender, religion, color, ancestry or retaliation for asserting a claim of discrimination. The Commission also oversees employer posting requirements under the Missouri Human Rights Act. Attorney Kevin J. Dolley works to advise, counsel and defend businesses, management and human resources who are notified of a charge of discrimination filed against the company.

The Missouri Human Rights Commission Administrative Process

The Missouri Commission on Human Rights receives complaints filed with the Commission and determines if it has jurisdiction over the employment complaint. The Commission will notify the employer of the filing of the complaint and commonly offers mediation and other services for possible early resolution. Along with notification of the complaint, the employer is asked to provide a response to the complaint, commonly in the form of a company position statement that directly responds to the allegations of the employee or former employee.

An investigator from the Commission is assigned to review the complaint, interview the Complainant as to the basis of the charge of discrimination and potentially meet and discuss the complaint with management and witnesses to the allegations made by the employee. The investigator will potentially make investigative findings and make a determination as to whether or not there is merit to the complaint. The employee may request a right to sue letter during the investigative process and the Commission, based upon its investigation, may conclude that there is no probable cause to support the complaint and dismiss the complaint and issue a right to sue letter.

Several changes have been made by the Commission as to the circumstances under which it issues a right to sue letter. Previously, the employee was required to wait 180 days from the date of filing before issuance of a right to sue letter and previously if no probable cause was found then a right to sue letter would not issue.

In some instances, the Commission will hear and adjudicate Missouri Human Rights Act claims at the administrative level before the Commission. In such instances, the Commission determines the case as the final decision-maker and issues a Final Decision and Order.

Specialized Company Defense against Discrimination Claims - St. Louis

The Law Offices of Kevin J. Dolley works with company employers in defense of Missouri Human Rights Act complaints. Mr. Dolley works with management to determine and articulate the non-discriminatory basis for the company's actions. Mr. Dolley counsels employers on appropriate defenses as part of the investigatory process and in providing a position statement to the Missouri Human Rights Commission. The Firm will also further effectively present the employer's defenses to the investigator and represents management in any investigative interviews. Should a right to sue letter be issued to the employee, Attorney Kevin J. Dolley has successfully represented companies in defense of employment discrimination lawsuits and in the filing of motions to dismiss, motions for summary judgment and at trial in employment discrimination cases.

St. Louis Missouri Human Rights Commission Defense Law Firm

If your company has received notice of a charge of discrimination filed before the Missouri Commission on Human Rights or received notice that an employee has received a right to sue letter, please feel free to contact Attorney Kevin J. Dolley for legal counsel and assistance. Mr. Dolley can be reached at (314)645-4100 or by email at kevin@dolleylaw.com.