Plaintiff seeks to recover actual, compensatory, liquidated, and punitive damages for discrimination based upon discrimination concerning his disability. Plaintiff submits a request to the court for lost salary and benefits, future lost salary and benefits, and compensatory damages for emotional pain and suffering.
Missouri Complaint For Discriminatory Discharge Based Upon Race and Physical Handicap Jury Trial Demand
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Under the Missouri Human Rights Act, punitive damages are capped as follows: $50,000 for employers with more than 5 but fewer than 101 employees. $100,000 for employers with more than 100 but fewer than 201 employees. $200,000 for employers with more than 200 but fewer than 501 employees.
When it comes to compensatory and punitive damages, a Title VII plaintiff is subject to the following damage caps: 15 to 100 employees: $50,000. 101 to 200 employees: $100,000. 201 to 500 employees: $200,000.
In all cases, the administrative law judge may also order the respondent to pay an aggrieved party, who has suffered discrimination, damages for mental anguish or suffering and reasonable attorney's fees, in addition to punitive damages in an amount not more than $25,000 pursuant to section 549.20.
Report discrimination to local government States and local governments also have anti-discrimination laws. Report discrimination to a local Fair Employment Practices Agency (FEPA). If the discrimination breaks both a state and federal law, the FEPA will also send your complaint to the EEOC.
To file a discrimination complaint with MCHR, you may first take the Discrimination Complaint Assessment. This is a short series of up to four questions designed to determine if MCHR may have jurisdiction over your issue. Once you complete the assessment, you will be given instructions on how to proceed.
Compensatory damages pay victims for out-of-pocket expenses caused by the discrimination (such as costs associated with a job search or medical expenses) and compensate them for any emotional harm suffered (such as mental anguish, inconvenience, or loss of enjoyment of life).
Specifically, exclusive of attorneys' fees, damages awarded under the MHRA as amended cannot exceed (1) actual back pay and interest on it and (2) a fixed amount based on the defendant's number of employees as set forth below: More than 5 employees, but less than 100 employees: $50,000.
The increases to the maximum limits on compensatory and punitive damages under the MHRA are as follows: 15-100 employees: $100,000, raised from $50,000 (potentially $150,000 if combined with the federal cap) 101-200 employees: $300,000, raised from $100,000 (potentially $400,000 if combined with the federal cap)