Hearing Orders

The Missouri Human Rights Act provides that after an investigation where the Executive Director finds Probable Cause that discrimination has occurred, and the case in not resolved in the conciliation process, the Chairperson may set the case for hearing before the Administrative Hearings Commission. The hearing officer makes a recommended finding after hearing all of the evidence from both parties. A panel of three commissioners makes the final finding.

Recent Hearing Panel Orders of the Missouri Commission on Human Rights are listed below.

9/13/2013 State of Missouri ex rel. Charlene & Benjamin Burke v. Tamara & Doyle McDowell
Mr. & Mrs. Burke and their two minor children rented a dwelling from Mr. & Mrs. McDowell, in a housing complex consisting of four dwellings. The McDowell’s decided they wanted to only rent to older persons and terminated the tenancy of the Burke’s. The hearing panel determined that the McDowell’s actions discriminated against the Burke’s because of their familial status (two minor children). Complainants was awarded $2,000 in damages for pain, suffering and emotional distress and $2,000 in damages for deprivation of their civil rights and $6,000.20 in actual damages for out-of-pocket expenses related to the Burke’s moves for a total of $10,000.20. The McDowell’s were also ordered to pay MCHR a civil penalty of $1,000 to vindicate the public interest.
9/4/2013 State of Missouri ex rel. Daniel Huhn v. China Buffet Fenton, Inc.
China Buffet Fenton refused to allow Complainant, Daniel Huhn, his son and his guide dog into the restaurant. Complainant is blind and has a trained and certified guide dog. The police were called and they informed the owner that he would be breaking the law if he did not allow Complainant and his guide dog into the restaurant. But the owner still refused to admit Complainant. The hearing panel determined that the restaurant violated the law when it simply refused to allow Complainant entrance to the restaurant because he had a guide dog. Complainant was awarded $24,000 in damages for humiliation and emotional distress and $8,000 in damages for deprivation of his civil rights.
9/21/2012 STATE OF MISSOURI ex rel. Lloyd Bay v. Ashcraft and Associates Electric Contractors
Ashcraft and Associates fired Lloyd Bay, the Complainant, a journeyman electrician, after it learned he had discoid lupus, a condition that had not prevented him from doing his job as an electrician for 32 years. The hearing panel determined that the company violated the law when it simply assumed that the Complainant couldn’t perform his job with his condition and fired him. Complainant was awarded $17, 534.50 in back pay (with 3.07% interest), $20,000 in damages for humiliation and emotional distress and $5,000 in damages for deprivation of his civil rights.
8/20/2012 STATE OF MISSOURI ex rel. Jacquelyn Annette Sharp v. Enterprise Manufacturing, Inc. f/k/a Scot Young Research, Inc.
Complainant alleged Respondent retaliated against her for filing a previous complaint of discrimination and for constructively discharging her. The case was tried and the Commission on Human Rights' Hearing Panel determined that Enterprise Manufacturing violated the Missouri Human Rights Act. Enterprise was ordered to pay Sharp $37,609.45 in back pay, $45,000 in actual damages for humiliation and emotional distress and $15,000 for violation of her civil rights. The employer was also ordered to adopt a non-retaliation policy and to cease and desist from any further discriminatory practices.
4/26/2012 STATE OF MISSOURI ex rel. Tammela Sarkar v. Nino Valenti
Complainant alleged Respondent harassed her because of her association with her son, who is African-American and she is Caucasian. The case was tried and the Commission on Human Rights' Hearing Panel determined that the landlord violated the Human Rights Act. He was ordered to pay Complainant the sum of $125,000 in actual damages for humiliation and emotional distress, $37,500 in actual damages for violation of Complainant's civil rights, and pre-judgment interest of 3.25%. The landlord was also ordered to pay $2,000 in civil penalties to MCHR to vindicate the public interest. Finally, the landlord was ordered to cease and desist discriminatory practices.
5/11/2011 STATE OF MISSOURI ex rel. Anatoly Sir v. Gateway Taxi Management, Inc. d/b/a Laclede Cab Company
Complainant alleged Respondent refused to hire him because of his disability. The case was tried and the Commission on Human Rights' Hearing Panel determined that the employer violated the Human Rights Act. The company was ordered to pay Complainant $50,000 for the humiliation and emotional distress Complainant suffered and $35,000 for violation of his civil rights, to cease and desist discrimination and to submit to two years of monitoring by the Human Rights Commission. The order has been appealed.
5/03/2011 STATE OF MISSOURI ex rel. Lashonda Hartman Reid v. Missouri Department of Corrections
Complainant alleged her employer harassed her due to her sex and her race. A hearing was held and the Commission on Human Rights' Hearing Panel determined that the Department harassed Complainant due to her sex and her race and thereby violated the Missouri Human Rights Act. The Department was ordered to pay Complainant $28,213 in back pay plus 3.25% interest, $100,000 for the humiliation and emotional distress she suffered and $66,000 for violation of her civil rights. Additionally the Department was ordered to cease and desist discrimination and within 180 days of the hearing panel order to submit to the Human Rights Commission a report summarizing the efforts by the Department to insure its compliance with the Missouri Human Rights Act. The order was not appealed.
10/06/2009 STATE OF MISSOURI ex rel. Michelle Steger v. RKM Enterprises, LLC, d/b/a Taco Bell
The Complaintants alleged Respondent's resturant did not comply with some disability accessibility requirements. Respondent denied the allegations but agreed to pay $5,000 to a not-for-profit disability advocacy agency named by the Complainant to settle the case. Respondent also agreed to retrofit all of its stores in Missouri to meet disability accessibility requirements.
06/16/2009 STATE OF MISSOURI ex rel. Linda Travers and Thomas Orzech, Jr. v. Ryansk, LLC and Barrett Kyle St. Onge
The Complainants alleged that the Respondents discriminated against them due to their disabilities. They are mobility-impaired and use wheel chairs and scooters. They had their own metal ramp attached to their apartment door to enter and exit. When the apartment building ownership changed hands, the new property manager removed their ramp several times after the tenant's family members reinstalled it. Finally, the defendants made changes to the apartment grounds so that it would no longer accommodate the ramp, causing the tenants to be homebound and unable to enter or exit their apartment for approximately three weeks. As a result of the defendant's actions, the tenants missed doctor appointments and had to have family members bring them groceries.
The case was heard in St. Louis County Circuit Court and the judge ordered a default judgement of $50,000 in actual damages and $100,000 in punitive damages to each resident, for a total of $300,000. This is the largest award of damages in a housing case in MCHR history. The court also ordered the landlord to cease and desist from such unlawful discrimination.
05/20/2009 STATE OF MISSOURI ex rel. Claire Sterling v. Delta Area Economic Opportunity Corporation
The Complaintants alleged Respondents sexually harassed her. Respondent denied the allegations but agreed to pay the Complainants $17,500 to settle the case. Respondent also agreed to receive MCHR's equal employment training, to provide the Complainant with a letter of apology and a service letter and expunge any personnel records regarding her allegations.
08/28/2009 STATE OF MISSOURI ex rel. Rebecca Steiger v. Decota Electrical Supply
The Complainants alleged Respondents sexually harassed her. Respondent denied the allegations but agreed to pay the Complaintancts $8,000 to settle the case. Respondent also agreed to implement a sexual harassment policy and reporting procedure and receive equal opportunity training from MCHR.
12/01/2008 STATE OF MISSOURI ex rel. Yolanda and Wendell Godfrey v. Terrisan Mobile Home Park
The Complainants alleged Respondents refused to rent them a mobile home lot because of their race, African American, and because they had minor children (familial status). Respondent denied the allegations but agreed to pay the Complainants $10,000 to settle the case.
10/27/2008 STATE OF MISSOURI ex rel. Rachelle Johnson v. Ford Motor Company
The Complaintant alleged Respondent discriminated against due to her disability. The Respondent denied the allegations but agreed to pay the Complaintant $35,000 to settle the matter.
10/27/2008 - STATE OF MISSOURI ex rel. Michelle Haines v. Kimberling Inn, Inc.
The complaint alleged Respondent sexually harassed and constructively discharged her. The company denied the allegations but agreed to pay Complainant $5,000 and post MCHR's Equal Employment poster to settle this case.
10/06/2008 STATE OF MISSOURI ex. rel. Deidra Robertson v. Chesire Inn Motor Hotel, Inc.
The Complaintant alleged Respondent's resturant and parking were not in compliance with the disability accessibility guidelines. The Respondent did not admit any liability but installed the required signage and designation of disability accessible parking and agreed that if the resturant re-opened, it would comply with the disability accessibility guidelines. The Respondent also agreed to pay the Attorney General's Office $500 for its expenses to settle this case.
09/18/2008 - STATE OF MISSOURI ex rel. Brenda Showers v. Huskey Bus & Transportation Services, Inc.
The complaint alleged Respondent failed to hire her due to her sex. The company denied the allegations but agreed to pay the Complainant $4,500 to settle this case.
09/18/2008 - STATE OF MISSOURI ex rel. Rick Wells v. Housing Authority of City of Jefferson
The complaint alleged Respondent retaliated against Complainant for testifying in a former co-worker's sexual harassment trial. The City denied retaliating against Complainant but agreed to pay Complainant $2,000, expunged his personnel file and posted MCHR's Equal Employment poster to settle this case.
09/08/2008 STATE OF MISSOURI ex rel. Michelle Steger v. Balmoral Plaza Investors, LLC
The complaintant alleged that the Respondent discriminated against her by not having ADA-compliant parking. The company did not admit liability but agreed to settle the matter and pay $1000 to a disability advocacy organization.
08/11/2008 STATE OF MISSOURI ex rel. Susan Allen v. Ortmann Stair Company
The Complainant alleged Respondent sexually harassed her. The company denied the allegations but agreed to pay the Complainant $1,500 to settle the case. Respondent further agreed to implement an anti-discrimination policy and receive sexual harassment prevention training.
08/07/2008 - STATE OF MISSOURI ex rel. Michelle Casey v. The Dugout Sports Shop, Inc.
The complaint alleged that the Respondent sexually harassed the Complainant and she was forced to resign to escape the harassment. The company denied the allegations but agreed to pay the Complainant $5,500. It agreed to distribute its policy against sexual harassment and the procedure for reporting harassment to all of its employees, officers and agents and the MCHR provided sexual harassment prevention training for all of the company's employees.
05/27/2008 - STATE OF MISSOURI ex rel. Tim Hubbard v. Amber Realty and Investments, Inc. and Elaine Ward
The Complainant alleged that the realty company refused to rent an apartment to him because of his disability. The company denied the allegation but agreed to settle the case for $1,500.
05/01/2008 - STATE OF MISSOURI ex rel. Crystal Harper Pashia v. Russell Lynn Lawson.
The complaint charged a landlord with sexual harassment. The complaint alleged the landlord sexually harassed his tenant, repeatedly asking her for sex in exchange for money towards her rent. The landlord denied the allegations but agreed to settle this complaint for $800 and a lake lot and a trailer.
04/01/2008 - STATE OF MISSOURI ex rel. Sarah L. Huston v. County of Clark and Roy Gilbert, in his official capacity as Sheriff of Clark County
The Complainant alleged that the Clark County Sheriff's Department terminated her employment as a Deputy Sheriff because of her gender. The County denied the allegation but agreed to settle the case for $25,000. The County also agreed to provide equal opportunity training for its employees.
03/17/2008 - STATE OF MISSOURI ex rel. Alvin E. Hightower v. Riceland Foods, Inc.
The complaint alleged that the Respondent discharged an employee in retaliation for filing a complaint of race discrimination. The company denied the allegation but agreed to pay the Complainant $8,500 to settle.
03/11/2008 - STATE OF MISSOURI ex rel. Brenda Stringer v. The Dugout Sport Shop, Inc.
The complaint alleged Respondent sexually harassed Complaintant. The Respondent denied the allegation but agreed to pay Complaintant $10,000, post MCHER's Equal Employment poster in the workplace and to have sexual harassment prevention training for all of it's employees to settle this case. In addition, Respondent agreed to expunge Complaintant's personnel file of related documents and provide her with a service reverence letter and reimburse the Attorney General's Office for deposition-related expenses.
01/23/2008 - STATE OF MISSOURI ex rel. Martin v. Metro d/b/a Bi-State Development Agency
The Complainant is mobility impaired and uses a scooter to get around. He attempted to take the bus to the VA Hospital for a doctor's appointment. He alleged he was having trouble getting his scooter on the bus and the driver told him to just drive his scooter wherever he was going and left him at the bus stop. The Complainant alleged that the Respondent denied him bus services due to his disability. The company denied any discrimination. The case was settled for $7,500.
01/10/2008 - STATE OF MISSOURI ex rel. Kahn v. Gardner
A prospective tenant alleged that a landlord failed to rent her a house due to her disability. The landlord believed that the prospective tenant had serious health issues that made it a heath risk for her to use the stairs. The case was settled for $1,200.
12/15/2007 - STATE OF MISSOURI ex rel. Ford-Crockett v. Sparrow Capitol Management, Inc.
An employee alleged that her employer discharged her in retaliation for filing a prior complaint of discrimination against them. She indicated her former employer discharged her within an hour of receiving service of her complaint of discrimination. The case was settled for $25,000.
11/27/2007 - STATE OF MISSOURI ex rel. Rife v. City of Linn Creek Police Department
A police officer alleged that her department involuntarily put her on unpaid medical leave from her job because she was pregnant even though her doctor had put no restrictions on her work activities. The department then replaced her with a male officer. The City denied discriminating against her. The case settled and the police officer received $49,000 in the settlement.
09/10/2007 - STATE OF MISSOURI ex rel Rockwell Pilot v. Independence Gas & Speedy Mart
Complainant alleged that Respondent discharged him due to his National Origin, American. Case settled for $2,500.
09/10/2007 - STATE OF MISSOURI ex rel Charles Stokes v. Metro truck & Trailer Repair
Complainant alleged that Respondent discharged him due to his race. Case settled for $8,500.
09/04/2007 - STATE OF MISSOURI ex rel Cynthia Herron v. BNA Dining
Complainant alleged that Respondent sexually harassed her and discharged her in retaliation for complaining about the harassment. Case settled-$15,000. Respondent also agreed to get equal opportunity training for all employees, officers and agents.
08/12/2007 - STATE OF MISSOURI ex rel. Cynthia Romy and Mary Swaim v. Mid-Continent Public Library
Complainants alleged that Respondent created a racially hostile working environment in that a supervisor regularly used racial epithets in referring to African American patrons and African Americans in general. The two Caucasian Complainants also alleged they were retaliated against because they complained about the hostile work environment. Case settled for $45, 500. Respondent was required to provide equal opportunity training for all of its employees.
08/09/2007 - STATE OF MISSOURI ex rel Shawna Goeller v. Oak Ridge Apartments
Complainant alleged that the Respondent failed to rent her an apartment or negotiate such rental due to her familial status (two children). Hearing Panel Order- No Discrimination found, case dismissed.
07/26/2007 - STATE OF MISSOURI ex rel Barbara Bechtel obo Andrea Bechtel vs. City of Valley Park
Complainant alleged that City failed to make a city park accessible to persons with disabilities. Complainant was not able to get her daughter's wheelchair onto the nature trail at Vance Park from the parking lot. The City only needed to apply a layer of asphalt costing $1,606 to make the trail accessible but the City refused to do so for five (5) years. Hearing Panel Order-Discrimination found. Respondent ordered to pay $16, 080 and cease and desist from further discriminatory practices.
07/02/2007 - STATE OF MISSOURI ex rel Martha Schmick vs. Normandy School District
Complainant alleged that Respondent discriminated against her due to her age in regards to retirement benefits. Case settled for $35,500.
06/21/2007 - STATE OF MISSOURI ex rel Tammy Barnett vs. Reliable Heat & Air, LLC
Complainant alleged that Respondent sexually harassed her and constructively discharged her due to her sex, female. Case settled-$39,000. Respondent also was required to formulate an employee manual including anti-discrimination policies, distribute it to all employees and MCHR provided all employees with equal opportunity training.
04/29/2007 - STATE OF MISSOURI ex rel K.B., obo A.B. vs. BSDS Inc., dba Brookside Day School, Inc. and Brookside Charter School
Complainant alleged that the School refused to reasonably accommodate her daughter's disability. Hearing Panel Order-Discrimination found. Respondent ordered to pay $10,000 and cease and desist from further discriminatory practices.
04/27/2007 - STATE OF MISSOURI ex rel Metropolitan St. Louis Equal Housing Opportunity Council vs. Albert-Hall Apartments and Willie & Geraldine Ferrell
Complainant alleged that Apartments advertised to rent to adults only, and discriminated against families with children (familial status). Hearing Panel Order-Discrimination found. Respondent ordered to pay $101 and to cease and desist from further discriminatory practices.
03/16/2007 - STATE OF MISSOURI ex rel Crystal L. Lowry, vs. Jody Cole Tech and Jody Cole
Complainant alleged that Respondent sexually harassed her and discriminated against her due to her sex, female. Hearing Panel Order-Discrimination found. Respondent ordered to pay $58,620 and to cease and desist from further discriminatory practices.