Navigating the MCHR Right to Sue Letter Process in Missouri

Walking directly into a county courthouse in St. Louis, Kansas City, or Springfield the morning after a discriminatory termination to file a civil lawsuit against your employer will result in an immediate dismissal of your case. Under Missouri employment law, aggrieved workers cannot bypass the state's administrative gatekeeper. Before a Missouri circuit court judge can hear a claim for workplace discrimination, harassment, or retaliation under the Mo. Rev. Stat. § 213.055 or Mo. Rev. Stat. § 213.070, the employee must first initiate a formal administrative proceeding and obtain an official Notice of Right to Sue.

Missing a single statutory deadline during this administrative phase-even by twenty-four hours-permanently extinguishes your right to seek justice in state court. Because the Missouri Commission on Human Rights, Jefferson City enforces rigid jurisdictional prerequisites enacted by the Missouri General Assembly, employees must carefully coordinate initial intake filings, agency investigations, federal cross-filings, and right-to-sue requests.

Exhaustion of Administrative Remedies Under the MHRA

Under Mo. Rev. Stat. § 213.075, any person claiming to be aggrieved by an unlawful discriminatory employment practice must exhaust their administrative remedies by filing a verified written complaint with the Missouri Commission on Human Rights, Jefferson City, the Missouri Commission on Human Rights, St. Louis, or the Missouri Commission on Human Rights, Kansas City within 180 days of the alleged discriminatory act. Unlike federal law-which grants up to 300 days in states with a fair employment agency-Missouri's 180-day clock is a strict jurisdictional requirement.

Previously, under Farrow v. Saint Francis Medical Center, 407 S.W.3d 579 (MO Supreme Court 2013) and State ex rel. Tivol Plaza, Inc. v. Missouri Commission on Human Rights, 527 S.W.3d 837 (MO Supreme Court 2017), Missouri courts held that the MCHR was required to issue a Right to Sue letter once 180 days elapsed even if the agency had not yet determined whether the underlying charge was timely filed. However, the Missouri Legislature subsequently amended Mo. Rev. Stat. § 213.075 to make the 180-day filing deadline an explicit jurisdictional prerequisite. If a worker files their charge on day 181, the MCHR lacks statutory authority to investigate or issue a valid Notice of Right to Sue for Missouri state court, leaving the employee with only federal remedies if they fall within the 300-day federal window.

Exhaustion also requires naming the proper corporate entities in your administrative charge. Under Mo. Rev. Stat. § 213.075, failure to name an affiliated corporate parent or staffing agency in the initial charge can bar you from suing that entity later in circuit court, although Missouri courts evaluate whether there was a substantial identity of interest between the named and unnamed corporate respondents.

Strict Timelines for Filing After Receiving the Right to Sue Letter

Once your verified complaint is on file with the MCHR, a second 180-day clock begins ticking-this time measuring how long the agency has to complete its administrative processing. Under Mo. Rev. Stat. § 213.111, if 180 days have passed since the filing of your verified complaint and the MCHR has not completed its administrative processing, you have the statutory right to request a Notice of Right to Sue in writing. Upon receiving a written request after the 180-day mark, the MCHR is legally required to issue the letter and immediately terminate all further administrative proceedings on your complaint.

The moment the MCHR issues the Notice of Right to Sue, two overlapping litigation deadlines govern your civil lawsuit:

• The 90-Day Lawsuit Filing Window: Under Mo. Rev. Stat. § 213.111, any civil action in circuit court must be filed within 90 days from the date of the MCHR's notification letter. Crucially, Missouri's 90-day clock runs from the date on the face of the MCHR notice, not the date your mail carrier delivers the envelope to your mailbox. In State ex rel. Church & Dwight Co. v. Collins, 543 S.W.3d 22 (MO Supreme Court 2018), the Missouri Supreme Court issued a permanent writ of prohibition barring an employee's lawsuit because she filed her circuit court petition on day 91 after the date of the MCHR's Right to Sue letter.
• The 2-Year Absolute Statute of Limitations: Even if you file within 90 days of the letter's date, Mo. Rev. Stat. § 213.111 imposes an absolute outer limit: no civil action may be brought more than two years after the alleged discrimination occurred or its reasonable discovery. If you leave your charge pending at the MCHR for over two years waiting for an investigator to finish, your right to file a civil lawsuit in Missouri state court will expire before you ever receive the letter.

MCHR Mediation vs. Administrative Investigation

After your formal charge is docketed under 8 C.S.R. § 60-2.025, the MCHR assigns the file to either its Alternative Dispute Resolution (mediation) track or its standard investigative unit:

• Voluntary MCHR Mediation: If both the employee and the employer agree, a neutral MCHR mediator conducts a confidential conference to explore early settlement-such as neutral job references, back wages, or a lump-sum severance payment. Statements made during mediation cannot be used as evidence if the case later goes to court. If mediation succeeds, the parties sign a binding settlement agreement and the charge is closed.
• Formal Agency Investigation: If either party declines mediation or settlement talks fail, an MCHR human rights officer investigates. The employer submits a written Position Statement denying the allegations, and the investigator may issue document requests, written interrogatories, or conduct witness interviews.
• Strategic Exit at Day 180: In practice, MCHR investigations frequently take 12 to 18 months due to heavy caseloads, and the agency rarely makes a formal 'probable cause' finding leading to an administrative hearing. Consequently, most Missouri employment lawyers advise clients to request the Notice of Right to Sue promptly at the 180-day mark so the claim can be litigated before a local jury in circuit court.

Cross-Filing With the EEOC: Traps and Work-Sharing Rules

The Missouri Commission on Human Rights, Jefferson City maintains a formal Worksharing Agreement with the U.S. Equal Employment Opportunity Commission, St. Louis District Office, St. Louis and the U.S. Equal Employment Opportunity Commission, Kansas City Area Office, Kansas City. When you file Form EEOC-5, Federal, U.S. Equal Employment Opportunity Commission, Charge of Discrimination with either agency and check the box requesting dual filing, your charge is automatically cross-filed under both state law and federal statutes such as the 42 U.S.C. § 2000e-5, the 42 U.S.C. § 12117, and the 29 U.S.C. § 626. As confirmed in Igoe v. Department of Labor and Industrial Relations, 152 S.W.3d 284 (MO Supreme Court 2005), dual filing satisfies the initial filing requirement for both agencies if submitted within 180 days.

However, three critical distinctions separate an MCHR charge from an EEOC charge:

1. Employer Size Coverage (6 vs. 15 Employees): The MHRA covers Missouri employers with 6 or more employees, whereas Title VII and the ADA only cover employers with 15 or more employees (and 20+ for ADEA age claims). If your company employs between 6 and 14 workers, you must file directly with the MCHR.
2. An EEOC Right to Sue Letter Does NOT Authorize an MHRA Lawsuit: Receiving Form EEOC-161, Federal, U.S. Equal Employment Opportunity Commission, Dismissal and Notice of Rights only grants you the right to file federal claims. To bring claims under the Missouri Human Rights Act, you must separately request and obtain the state Notice of Right to Sue directly from the MCHR.
3. Different 90-Day Triggers: The federal EEOC 90-day deadline begins running on the date you receive the EEOC notice, whereas the Missouri MCHR 90-day deadline begins running on the date printed on the MCHR letter.

Step-by-Step Process in Missouri: Obtaining Your MCHR Right to Sue Letter

Whether your workplace is located in St. Louis, Kansas City, Columbia, or Springfield, following the exact sequence below ensures your state discrimination claim remains procedurally bulletproof.

Step 1: Complete the MCHR Pre-Complaint Assessment and Intake

Begin by completing the online assessment on the Missouri Department of Labor and Industrial Relations portal and submitting Form MCHR-44, Missouri, Missouri Commission on Human Rights, Employment Complaint Intake Questionnaire via email to [email protected] or by mail to the Missouri Commission on Human Rights, Jefferson City at 421 E. Dunklin St., P.O. Box 1129, Jefferson City, MO 65102 (Phone: 573-751-3325 or Toll-Free: 877-781-4236). Remember that submitting an intake questionnaire alone does not stop the 180-day clock-only a signed, verified formal complaint satisfies Mo. Rev. Stat. § 213.075.

Step 2: Sign and File the Verified Charge Within 180 Days

After reviewing your intake form (which can take 2 to 3 weeks, unless your attorney drafts and files a verified charge directly), MCHR staff prepares a formal Charge of Discrimination, often formatted on Form EEOC-5, Federal, U.S. Equal Employment Opportunity Commission, Charge of Discrimination for dual-filing. Review the factual particulars carefully, sign the verification under oath, and ensure the MCHR receives it before day 180.

Step 3: Navigate the Employer's Position Statement and Rebuttal

Once your charge is served on the employer, the company's legal counsel typically has 30 days to file a Position Statement offering a non-discriminatory 'business judgment' excuse for firing or demoting you. Your employment lawyer can obtain or review the employer's defenses and submit documentary rebuttal evidence without prematurely tipping off all trial strategies.

Step 4: Submit a Written Request for the Right to Sue at Day 180

Calendar the exact date that is 180 days after your verified complaint was filed-and ensure you are well inside the 2-year anniversary of the discriminatory act. Once day 180 arrives, submit a formal written request to your assigned MCHR investigator and the MCHR Executive Director pursuant to Mo. Rev. Stat. § 213.111 demanding immediate issuance of a Notice of Right to Sue.

Step 5: File Your Civil Petition in Circuit Court Within 90 Days

Once the MCHR issues the Notice of Right to Sue, your attorney drafts a Civil Petition and files it alongside Form FI-50, Missouri, Office of State Courts Administrator, Confidential Case Filing Information Sheet - Probate and Non-Domestic Relations in the county where the unlawful discriminatory practice occurred-such as the Jackson County Circuit Court, Kansas City, the St. Louis County Circuit Court, Clayton, the St. Louis City Circuit Court, St. Louis, the Greene County Circuit Court, Springfield, or the Cole County Circuit Court, Jefferson City-strictly within 90 calendar days of the date on the letter.

How Much Does it Cost in Missouri?

Pursuing an MCHR administrative charge and transitioning into Missouri state court involves the following financial considerations:

• MCHR and EEOC Administrative Filing Fees: $0. Neither the Missouri Commission on Human Rights nor the EEOC charges a fee to file a discrimination complaint, participate in agency mediation, or request a Notice of Right to Sue.
• Missouri Circuit Court Filing Fees: Filing a civil discrimination lawsuit after receiving your Right to Sue letter typically costs between $105 and $165 depending on the county circuit court, plus $35 to $75 for service of process on the employer's registered agent.
• Employment Lawyer Contingency vs. Hourly Fees: Most Missouri plaintiff employment attorneys represent workers on a contingency fee basis (typically 33% to 40% of any settlement or jury verdict), advancing litigation expenses upfront. Furthermore, Mo. Rev. Stat. § 213.111 authorizes the court to order a losing employer to pay a prevailing employee's reasonable attorney's fees. Some attorneys charge a flat fee of $750 to $2,500 purely to draft the MCHR charge and handle administrative mediation before deciding on full litigation representation.

How Long Does the Process Take?

From the date of workplace discrimination to filing a civil lawsuit in a Missouri circuit court, the administrative exhaustion timeline spans roughly 7 to 14 months:

• Initial Charge Filing Window: Must be completed within 1 to 180 days of the discriminatory decision.
• MCHR Intake Processing Time: If submitting a self-prepared intake questionnaire, allow 2 to 3 weeks for MCHR staff to draft the formal complaint for your signature (attorneys can bypass this delay by filing a verified charge directly).
• Mandatory Administrative Waiting Period: Exactly 180 days (6 months) from the date the verified charge is filed before you can demand a Notice of Right to Sue as of right.
• Lawsuit Filing Window: Strictly 90 days from the date printed on the MCHR Notice of Right to Sue (and never more than 24 months from the underlying discriminatory event).

Because missing the 180-day or 90-day statutory windows will permanently bar your claim, consult our directory of experienced Missouri employment discrimination lawyers to have a local attorney draft your charge and manage your Right to Sue timeline.

Frequently Asked Questions (FAQ)