EMPLOYER ALERT--- Non-Missouri Employees Get A Flat Tire in Asserting Discrimination & Retaliation Claims under the Missouri Human Rights Act.
On December 24th , in Tuttle v. Dobbs Tire & Auto Centers Inc., the Missouri Supreme Court held that claims under the Missouri Human Rights Act are precluded by employees aggrieved solely outside the State of Missouri regardless of where the employer’s decisions were made. The Court held that Missouri statutes apply only within the boundaries of Missouri and have no extraterritorial effect; and that the text of the Missouri Human Rights Act coupled with the presumption against extraterritorial application precludes applying the Act to his age discrimination and retaliation claims to employees working and aggrieved in Illinois.
Employer Take Away: Smooth roads ahead for Missouri employers with Illinois operations. Employees working solely outside of Missouri are not protected by the Missouri Human Rights Act even of the company is based in Missouri and the adverse decision was made in Missouri.
For more information, about compliance and defending Missouri employment discrimination claims, please contact Timm Schowalter at firstname.lastname@example.org, (314) 425-4910 or another member of Sandberg Phoenix & von Gontard, P.C.’s Labor and Employment Law Team.