As Springfield Missouri discrimination attorneys, we follow the most recent Missouri cases on discrimination. One issue that seems to repeatedly come up is the timeliness of discrimination claims. Whether you have an age discrimination, gender discrimination, race discrimination or some other type of discrimination claim, you must file your charge of discrimination with the Missouri Commission on Human Rights within 180 days of the last act of discrimination if it is part of a hostile work environment, or within 180 days of a discrete adverse employment action such as termination or demotion. In a recent Eastern District of Missouri Court of Appeals decision, the Court of Appeals made a finding that a plaintiff who alleged gender discrimination did so in a timely manner. Plengemeier v. Thermadyne Industries, Inc., 2013 WL 2402860 (June 4, 2013).
In Plengmeier, the plaintiff successfully alleged in her petition that she suffered discrimination for the last four years as part of a “continuing violation.” She had filed her claim within the required two year statute of limitation for discrimination claims under the Missouri Human Rights Act. Here, the plaintiff alleged that her final discriminatory act was within the two years. The Court ruled that the actions of the Defendant were alleged not to be one discrete action, but “based upon the cumulative effect of individual acts of disparate treatment over time.” This case was decided from a motion to dismiss and the pleadings were taken as true. A trial will decide what the factual basis and whether such pleadings are true.
As Springfield Missouri discrimination lawyers, we believe this case helps clear up some ambiguity in Missouri law, and this case will allow people who claim to be victims of discrimination the ability to bring their claims of discrimination in a timely manner. If you have been the victim of employment discrimination or retaliation for bringing a complaint, you should contact our experienced employment discrimination lawyers at Preston Law for a consultation on your legal rights.