Missouri

EEOC v. BDO USA, L.L.P. in Missouri Law

How EEOC v. BDO USA, L.L.P. applies in Missouri: state-specific rules, key cases, and bar exam notes for Employment Law.

State Approach

Missouri follows federal employment discrimination standards but has some distinct applications under its state statutes, particularly regarding the definitions of employer and employee. The Missouri Human Rights Act (MHRA) provides additional protections compared to federal law, which can influence how cases are litigated.

State Rule
Under the MHRA, employers are required to provide a workplace free from discrimination and retaliation, mirroring the EEOC regulations while offering broader protections in certain contexts.
Significant State Cases

Miller v. Mo. Dep't of Corrections

Held that retaliation against an employee for filing a discrimination claim constituted a violation of the MHRA.

Hawkins v. Mo. Dep't of Mental Health

Determined that an adverse employment action taken after a protected activity could establish a prima facie case of discrimination under state law.

Kirkwood v. KCP&L Greater Mo. Operations Co.

Found that the employee must show a causal connection between the protected activity and adverse employment actions to prevail under the MHRA.

Comparison to Federal Law

Missouri generally aligns with federal standards in assessing employment discrimination; however, it emphasizes employee protection and broader definitions which can lead to more favorable outcomes for claimants under state law than federal law. Additionally, the state allows for greater flexibility in defining employer responsibilities.

Bar Exam Note

Candidates should be aware of the nuances between Missourian and federal employment law, particularly in terms of covered activities and protections under the MHRA, as these may appear in exam questions.

Practice Pointers
  • Always assess whether a claim might be actionable under both federal and Missouri law, as state provisions may offer greater protections.
  • Prepare to establish the connection between protected activities and adverse employment actions when advising clients on retaliation claims.
  • Keep up-to-date with recent Missouri case law developments and how they may affect employment discrimination practices.

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