How to File a Sexual Harassment Claim with the MCHR in Missouri: Timelines and Procedures
To pursue a sexual harassment lawsuit in Missouri, you must first file a charge with the MCHR within a strict 180-day deadline, or with the EEOC within 300 days. You cannot skip this administrative process if you want to sue your employer in court.
Understanding Administrative Exhaustion in Missouri
Experiencing sexual harassment in the workplace is deeply traumatizing, and navigating the legal system to seek justice can feel overwhelming. In Missouri, you cannot simply hire a lawyer and immediately file a lawsuit against your employer. The law requires a process called 'administrative exhaustion.' This means you must first file a formal complaint with either the state or federal civil rights agencies. Whether you work in a corporate office in Kansas City, a restaurant in St. Louis, or a manufacturing plant in Springfield, the procedural steps remain strict and unforgiving.
Because missing a filing deadline by even one day can permanently destroy your right to sue, we strongly recommend hiring a local employment lawyer from our directory. An experienced attorney will ensure your charge is drafted accurately to preserve all your legal claims and represent you aggressively during agency investigations.
Step-by-Step Guide to Filing Your Claim
Missouri workers are protected by both state and federal laws, but the agencies that enforce these laws operate on different timelines. Knowing where and when to file is the foundation of your case.
Step 1: Filing the Charge and Beating the Deadlines
Your first step is to file a Charge of Discrimination. In Missouri, you have two primary options. If you file under the Missouri Human Rights Act (MHRA) guided by Mo. Rev. Stat. § 213.075, you have exactly 180 days from the date of the last harassing incident to file your charge with the Missouri Commission on Human Rights, Jefferson City. If you file federally under 42 U.S.C. § 2000e-5, you have up to 300 days to file with the Equal Employment Opportunity Commission, St. Louis. Most attorneys cross-file the claim with both agencies using Form MCHR-27, Missouri, Missouri Commission on Human Rights, Charge of Discrimination to maximize your protections.
Step 2: Early Mediation Options
Shortly after filing, the agency will notify your employer of the charge. At this stage, the MCHR or EEOC often offers voluntary early mediation. This is a confidential process where an impartial mediator attempts to help you and your employer reach a financial settlement without a lengthy investigation. If your employer agrees to mediation, having an attorney present is crucial to ensure you do not accept a lowball offer. If mediation fails or is declined, the formal investigation begins.
Step 3: What to Expect at MCHR Fact-Finding Conferences
During the investigation, the investigator may summon both parties to a Fact-Finding Conference. This is an informal, investigative meeting where the MCHR asks questions about the harassment allegations. You will present your evidence, such as emails, text messages, and witness accounts. Precedents like Barekman v. City of Republic, 232 S.W.3d 675 (MO Court of Appeals 2007) illustrate how crucial it is to establish a clear record of the harassment and the employer's failure to stop it during these early investigative phases.
Step 4: Obtaining a Right to Sue Letter
The MCHR has 180 days to investigate your claim. If they do not complete the investigation in that time, or if they conclude their investigation without taking direct legal action against the employer, you have the right to request a 'Right to Sue' letter. Under Mo. Rev. Stat. § 213.111, once this letter is issued, you have a strict 90-day window to file your civil lawsuit in a Missouri Circuit Court. Missing this 90-day deadline completely bars you from pursuing your case in court.
How Much Does it Cost in Missouri?
Victims of sexual harassment generally do not need to worry about paying high hourly attorney fees to seek justice.
| Filing the Charge | Filing a complaint with the MCHR or the EEOC is completely Free. |
| Attorney Representation | Most employment lawyers work on a contingency fee basis, taking 33% to 40% of your final settlement. You pay nothing if you lose. |
| Circuit Court Filing Fees | If you receive a Right to Sue letter and file a civil lawsuit, court fees generally range from $150 to $250. |
How Long Does the Process Take?
The administrative process requires patience. From the day you file your charge, it typically takes 6 to 10 months for the MCHR or EEOC to conclude their investigation or issue a Right to Sue letter. If the case proceeds to a civil lawsuit, litigating a sexual harassment case through discovery and up to a jury trial can take anywhere from 1.5 to 3 years, though many cases settle earlier during pre-trial mediation.
Frequently Asked Questions (FAQ)
What happens if I miss the 180-day MCHR deadline?
If you miss the 180-day state deadline, you lose your right to sue under Missouri state law. However, if you are still within the 300-day window, you can file with the EEOC to preserve your federal claims under 42 U.S.C. § 2000e-5.
Do I have to quit my job to file a claim?
No. You can file a sexual harassment charge while still employed. In fact, it is illegal for your employer to retaliate against you, fire you, or demote you for filing a charge with the MCHR or EEOC.
Can the MCHR represent me in court?
While the MCHR has the authority to prosecute cases on behalf of the public, they rarely do so due to budget and staffing limits. In the vast majority of cases, they issue a Right to Sue letter, leaving it up to you and your private attorney to file the lawsuit.
Should I use the employer's internal HR process first?
Yes. Unless the harasser is the owner of the company, you generally must report the harassment to Human Resources first to give the employer an opportunity to fix it. If HR ignores you or retaliates, this heavily strengthens your MCHR claim.
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