Right to Sue Letter
A Right-To-Sue (RTS) Letter from the Missouri Commission on Human Rights (MCHR) allows you to file a suit in state court on the discriminatory acts you alleged in the complaint you filed with MCHR. If you get a RTS Letter, then MCHR stops its investigation.
The Missouri Supreme Court has indicated that MCHR can issue a Right-to-Sue (RTS) letter at any time while a case is open (see Igoe v. Dept. Of Labor and Industrial Relations). When possible, the MCHR will complete its investigation and make an investigative finding within 180 days from the filing of the complaint. If the finding is No Probable Cause, then the case is closed.
- How to get a Right-to-Sue Letter
- Time limits on filing suit
- Attorney information
- Filing a suit in court
- Obtaining an attorney
- Length of time to obtain a RTS letter
- Getting a copy of your file
- Alternative to a RTS letter
- Obtaining a RTS from the Equal Employment Opportunities Commission (EEOC)
How to get a Right-to-Sue Letter:
You must make a written request. Request forms are available, Request Right to Sue Letter, but you can also write a letter to request one. Include your name, the name of the Respondent (company or entity you filed against) and your case number(s).
Time limits on filing suit:
You must file suit in state court within two (2) years of the date(s) of the discrimination and within ninety (90) days of the date of your RTS letter.
MCHR cannot tell you to get an attorney - that is a decision you must make. If you are unsure, it might be a good idea to consult an attorney.
Filing suit in court:
Because filing suit is a legal procedure, MCHR cannot advise you. If you have questions about filing suit, consult an attorney or the circuit court in your area.
Obtaining an attorney:
MCHR does not maintain a list of attorneys. You may obtain names of attorneys from your local bar association or the Lawyers Referral Service of the Missouri Bar. In the St. Louis area, call (314) 621-6681. In the Springfield area call (417) 831-2783. For all other areas, call (573) 221-9472.
Length of time to obtain a RTS letter:
The time varies, but MCHR usually can issue one within thirty (30) days of your request. If your two (2) year filing time is near, let MCHR know and MCHR will expedite issuing your RTS letter.
Getting a copy of your file:
Once you have received your RTS letter and your case with MCHR is closed, you can get a copy of your file (except for confidential information) by making a written request. There is a copying charge of 10 cents per page plus postage. When MCHR receives your written request, MCHR will inform you of the charge. After MCHR receives payment, MCHR will mail you a copy of your file. Depending on the size of your file, you should receive your copy in approximately two (2) weeks. The Respondent may also request a copy of the file.
Alternative to a RTS letter:
MCHR will continue with the investigation of your complaint and the Executive Director will make a finding. If the finding is No Probable Cause, MCHR will close your case and issue you a RTS letter. If the finding is Probable Cause, MCHR will attempt to conciliate (try to settle) your case. If conciliation is not successful, MCHR may hold a hearing on your case.
Obtaining a RTS from the Equal Employment Opportunities Commission (EEOC):
You can get a RTS letter from EEOC and file a discrimination suit in federal court. Once MCHR closes your case and issues the MCHR RTS letter, your request will be forwarded to EEOC. That agency will issue a federal RTS letter.