Missouri Labor and Employment Lawyer
Missouri Labor and Employment Attorney Attorney Profiles Attorney Referrals Resources Contact our Law Firm
Contact us for immediate help Click here to read our Blog
Labor and Employment Law Practice Areas
Wage and Hour Law
Employment Law
Labor Law
Administrative Law and Licensing Cases
Whistleblower Law
Business Law
Class Action Law
Non-Compete Agreement Law
Contract Law
Construction Law
Antitrust Law
Human Resources Law
Employment Law for Employers
Health Care Law
Nursing Law
Employee Benefits
White Collar Criminal Defense
Discrimination Claims
Legal Counsel for Discrimination Cases
Missouri Employment Discrimination Law
Consultation on Labor and Employment Law Issues
Sarbanes-Oxley Whistleblower Law
Retaliation Claims
Age Discrimination
Gender and Pregnancy Discrimination
Sexual Harassment Claims
Disability Discrimination
Claims of Supervisor Discrimination
Wrongful Termination and Whistleblower Claims
Race and National Origin Discrimination
Notice of Right to Sue Letters
Employment Law for Government Employees
Counsel for Employees
Summary Judgment In Employment Discrimination Cases
Workers Compensation
Contact Us
2726 S. Brentwood Blvd. St. Louis MO 63144

Retaliation Claims

Unlawful retaliation cases are based upon a claim that an employer took an adverse action against an employee based upon protected activity.   Most employment discrimination laws not only make it illegal to discriminate against protected groups, but also prohibit retaliation against an employee who asserts his or her rights under the law.  

An employee may claim that he or she is being retaliated against for complaining of discrimination, filing a charge of discrimination, making complaints to management, protesting against discrimination in general, expressing support of co-workers who have filed charges of discrimination or harassment, or testifying or assisting in an investigation, proceeding or hearing.  An employee need not establish that the conduct he or she opposed was in fact discriminatory; rather, he or she must only demonstrate a “good faith, reasonable belief” that the underlying conduct violated the law.

To establish a causal connection existed between the protected activity and the adverse employment action, the employee must show that the employer actually knew of the employee's protected activity at the time it took the adverse employment action. The closer the time between the employer’s knowledge and the employment action, the more likely a court will infer causation.  

Missouri Retaliation Claims

Under Missouri law, Section 213.070.2 RSMo. states that it is unlawful to “retaliate or discriminate in any manner against any other person because such person has opposed any practice prohibited by this chapter or because such person has filed a complaint, testified, assisted, or participated in any manner in any investigation, proceeding or hearing conducted pursuant to this chapter.”  In Hill v. Ford Motor Company, the Missouri Supreme Court recently indicated that retaliation for opposing discrimination or for filing a complaint constitutes discrimination under the MHRA and, like other forms of discrimination, is proved by showing that a “contributing factor” in the employer's employment action was unlawful retaliation. 

The Law Offices of Kevin J. Dolley's Victory Before the Missouri Supreme Court
A Seminal Change in Missouri Employment Law

In 2007, the Law Offices of Kevin J. Dolley argued for and established before the Missouri Supreme Court a changed employment discrimination standard under the Missouri Human Rights Act at the summary judgment stage in Daugherty vs. City of Maryland Heights.  This standard for discrimination claims is unique to Missouri and Mr. Dolley has been the leader and innovator in Missouri in labor and employment law in the most recent years.

Contact our Labor and Employment Law Firm

To set up a consultation, please contact Mr. Dolley at (314)645-4100 or by email at kevin@dolleylaw.com.  All legal consultations are held strictly confidential.  For experienced legal counsel in labor law, employment law and business law matters, please contact the Law Offices of Kevin J. Dolley

Attorney Web Design

The choice of a lawyer is an important decision and should not be based solely upon advertisements. The information on this St. Louis Attorneys & Lawyers / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

The Law Offices of Kevin J. Dolley represents clients in labor law, employment law and employment discrimination matters throughout the State of Missouri, including St. Louis, St. Louis County, St. Charles County, Boone County, Jefferson County, Lincoln County, Jackson County, Phelps County, Franklin County, Ste. Genevieve, St. Clair and the Cities of St. Louis, Kansas City, St. Charles, O'Fallon, Lake St. Louis, Hillsboro, Troy, Clayton, Rolla, Columbia, Jefferson City, Kirksville, Farmington, Cuba, Augusta, Union, Maryland Heights, Cape Girardeau and Springfield.

Law Offices of Kevin J. Dolley, LLC - Missouri Employment Lawyer
Located at 2726 South Brentwood Blvd. St. Louis, MO 63144. View Map
Phone: (314) 684-8180 | Local Phone: (314) 645-4100.