213.075. Complaints to commission, how filed, when--filing with federal agencies, effect--duties of executive director--respondents--hearing, notice, procedure--attorney general to represent commissio - Missouri Statutes

Complaints to commission, how filed, when--filing with federalagencies, effect--duties of executive director--respondents--hearing,notice, procedure--attorney general to represent commission--appeal,discovery--effect of orders of commission.

213.075. 1. Any person claiming to be aggrieved by an unlawfuldiscriminatory practice may make, sign and file with the commission a verifiedcomplaint in writing, within one hundred eighty days of the alleged act ofdiscrimination, which shall state the name and address of the person allegedto have committed the unlawful discriminatory practice and which shall setforth the particulars thereof and such other information as may be required bythe commission. The complainant's agent, attorney or the attorney generalmay, in like manner, make, sign and file such complaint.

2. Any complaint which is filed with the federal Equal EmploymentOpportunity Commission or other federal agencies with which the commission hasa work-sharing or deferral agreement, or with a local commission which hasbeen certified as substantially equivalent by the commission, shall be deemedfiled with the commission on the date that such complaint is received by suchfederal agency or local commission. A copy of all complaints filed with alocal commission with the authority to enforce the provisions of this chapteris to be forwarded to the commission within seven days of the filing thereofwith such local commission. If a local commission has jurisdiction to hear acomplaint filed with the commission, such complaint shall be deemed to havebeen filed with the local commission on the date on which such complaint wasfiled with the commission. The commission shall, within seven days of thereceipt of a complaint which a local commission has jurisdiction to hear,forward a copy thereof to such local commission.

3. After the filing of any complaint, the executive director shall, withthe assistance of the commission's staff, promptly investigate the complaint,and if the director determines after the investigation that probable causeexists for crediting the allegations of the complaint, the executive directorshall immediately endeavor to eliminate the unlawful discriminatory practicecomplained of by conference, conciliation and persuasion, and shall report theresults to the commission. The investigation, determination of probable causeand conciliation shall be conducted according to such rules, regulations andguidelines as the commission shall prescribe.

4. A person who is not named as a respondent in a complaint, but who isidentified as a respondent in the course of investigation, may be joined as anadditional or substitute respondent upon written notice, pursuant to suchrules, regulations, and guidelines as the commission shall prescribe. Suchnotice, in addition to complying with the requirements of such rules,regulations, and guidelines, shall also state the reason why the person towhom the notice is addressed has been joined as a party.

5. In case of failure to eliminate such discriminatory practice as foundin the investigation, if in the judgment of the chairperson of the commissioncircumstances so warrant, there shall be issued and served in the name of thecommission, a written notice, together with a copy of the complaint, as it mayhave been amended, requiring the person named in the complaint, hereinafterreferred to as "respondent", to answer the charges of the complaint at ahearing, at a time and place to be specified in the notice, before a panel ofat least three members of the commission sitting as the commission or before ahearing examiner licensed to practice law in this state who shall be appointedby the executive director and approved by the commission. The place of thehearing shall be in the office of the commission or such other placedesignated by it, except that if the respondent so requests, in writing, thehearing shall be held in the county of such person's residence or businesslocation at the time of the alleged unlawful discriminatory practice. A copyof the notice shall also be served on the complainants.

6. In all cases where a written notice of hearing has been issued and aparty has not elected the option to proceed in circuit court as set forth insection 213.076, the procedures set forth for a hearing shall apply.

7. The commission shall be a party to the action and shall berepresented before the panel or the hearing examiner by the office of theattorney general or, when so delegated by the attorney general, a staffattorney of the commission. Neither the hearing examiner nor any member ofthe panel shall have participated in the investigation of the complaint.Evidence concerning endeavors at conciliation shall be excluded.

8. The respondent may file a written verified answer to the complaintand appear at the hearing in person or otherwise with or without counsel, andsubmit testimony. At the discretion of the hearing examiner or the panel, thecomplainant may be allowed to intervene, thereby becoming a party to theaction with the right to present testimony in person or by counsel, providedthe complainant at all times shall be treated as a party for the purpose ofdiscovery and the taking of depositions. The commission or complainantintervenor shall have the power to reasonably and fairly amend any complaint,and the respondent shall have like power to amend any answer. The testimonytaken at the hearing shall be under oath and be transcribed.

9. In any contested case before the commission, any party may take anduse written interrogatories, requests for production of documents and othermaterials, and requests for admissions, and all other forms of discoveryauthorized by rules of civil procedure in the same manner, upon, and under thesame conditions, and upon the same notice, as is or may hereafter be providedfor with respect to the taking and using of written interrogatories, requestsfor production of documents and other materials, and requests for admissions,and all other forms of discovery authorized by rules of civil procedure incivil actions in the circuit court. The panel or hearing examiner shall havethe authority to impose sanctions in the same manner as set forth in the rulesof civil procedure.

10. The hearing shall be conducted in the manner provided by chapter536, RSMo.

11. When the case is heard by a panel of the commission, the chairpersonof the commission shall select the hearing panel and the presiding officer.The presiding officer shall have full authority to call and examine witnesses,admit or exclude evidence and rule upon all motions and objections. The panelshall state its findings of fact and conclusions of law, and if, upon all theevidence at the hearing, the panel finds:

(1) That a respondent has engaged in an unlawful discriminatory practiceas defined in this chapter, the commission shall issue and cause to be servedon the respondent an order requiring the respondent to cease and desist fromthe unlawful discriminatory practice. The order shall require the respondentto take such affirmative action, as in the panel's judgment will implement thepurposes of this chapter, including, but not limited to, payment of back pay;hiring; reinstatement or upgrading; restoration to membership in anyrespondent labor organization; the extension of full, equal and unsegregatedhousing; the extension of full, equal and unsegregated public accommodations;extension of a commercial real estate loan or other financial assistance;extension or restoration of membership or participation in any multiplelisting service or other real estate service organization or facility; paymentof actual damages; and the submission of a report of the manner of compliance;

(2) That a respondent has engaged or is about to engage in a violationof section 213.040, 213.045, 213.050, or 213.070, to the extent that thealleged violation of section 213.070 relates to or involves a violation of oneor more of such other sections or relates to or involves the encouraging,aiding, or abetting of a violation of such other sections, the commission may,in addition to the relief provided in subdivision (1) of this subsection*,assess a civil penalty against the respondent, for purposes of vindicating thepublic interest:

(a) In an amount not exceeding two thousand dollars if the respondenthas not been adjudged to have violated one or more of the sections enumeratedin subdivision (2) of this subsection within five years of the date of thefiling of the complaint;

(b) In an amount not exceeding five thousand dollars if the respondenthas been adjudged to have committed one violation of the sections enumeratedin subdivision (2) of this subsection within five years of the date on whichthe complaint is filed;

(c) In an amount not exceeding ten thousand dollars if the respondenthas been adjudged to have committed two or more prior violations of thesections enumerated in subdivision (2) of this subsection within seven yearsof the date on which the complaint is filed. All civil penalties set forth inthis subsection shall be paid to the human rights fund.

12. If, upon all the evidence, the panel finds that a respondent has notengaged in any unlawful discriminatory practice, the panel shall state itsfindings of fact and conclusions of law and shall issue and cause to be servedon the complainant and respondent an order dismissing the complaint.

13. When the case is heard by a hearing examiner, the examiner shallhave all powers described in subdivision (8) of section 213.030 and subsection11 of this section, for the purpose of the hearing. The hearing examinershall make findings of fact and conclusions of law and shall recommend to thecommission an order granting such relief as provided in subsection 11 of thissection or dismissing the complaint as to the respondent as provided insubsection 12 of this section, in accordance with such findings.

14. A panel of at least three members of the commission, sitting as thecommission, shall review the record, findings and recommended order of thehearing examiner. The panel shall thereafter accept or amend the recommendedorder which shall become the order of the commission. All orders shall beserved on the complainant and respondent, and copies shall be delivered to theattorney general and such other public officers as the commission deemsproper.

15. No order of the commission issued pursuant to this section shallaffect any contract, sale, encumbrance or lease consummated before theissuance of such order and involving a bona fide purchaser without actualnotice of the charge filed pursuant to this section.

16. Any person aggrieved by an order of the commission may appeal asprovided in chapter 536, RSMo.

(L. 1986 S.B. 513, A.L. 1992 H.B. 1619)

*Word "section" appears in original rolls.

(1993) Where plaintiff filed complaint with federal Equal Employment Opportunity Commission within required time of alleged act of discrimination, complaint is deemed to meet statutory time limit for filing complaint under Missouri's human rights act. Claim for emotional distress damages under Missouri human rights act is not preempted by workers' compensation act. Gruben v. Famous-Barr Co., 823 F.Supp. 664 (E.D.Mo.).

(1994) Where plaintiff alleged racially discriminatory discharge in administrative claim, claim of racial harassment in the workplace is not sufficiently like or reasonably related to discriminatory discharge claim to be deemed within the scope of the lawsuit and claimant could not bring Missouri human rights act action based on unexhausted racial harassment claim. Tart v. Hill Behan Lumber Co., 31 F.3d 668 (8th Cir.).

(1996) The Missouri Commission on Human Rights lacks jurisdiction on any complaint not filed within 180 days of the alleged discriminatory act. Hill v. St. Louis University, 920 F.Supp. 124 (E.D.Mo.).

(2000) Receipt of notice of termination, rather than date of termination, begins running of period for filing wrongful termination claim. Foster v. BJC Health System, 121 F.Supp.2d 1280 (E.D.Mo.).