|MMAA Current Newsletter|
Exhaustion Of Administrative Remedies In MHRA Claim
Facts: Gordon Jeffery (Appellant) worked for the St. Louis Fire, Department (Department) for over 25 over years with 16 years as a Captain. There were a number of vacancies for Battalion Chief and Appellant applied for one of the vacancies. Appellant was not selected; thereafter, he filed a request for an administrative hearing to determine if the Department discriminated against him by not selecting him to one of the vacancies.
After an administrative hearing, Appellants’ request for relief was denied and he pursued his remedies before the Missouri Human Rights Commission (Commission), which issued him a right to sue letter. Appellant then filed a complaint in circuit court claiming discrimination based upon disparate treatment and disparate impact on African American’s based on the test used to rank applicants. The Department filed a motion to dismiss the complaint claiming that the Appellant did not exhaust his administrative remedies, because Appellant did not assert at the administrative hearing a claim for disparate impact. The trial court granted the motion by the Department and Appellant appealed to the Eastern District, which reversed. (Click here to view complete Newsletter.)
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