Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Clarkson Construction Co. v. Warren

Court of Appeals of Missouri, Western District, Second Division

August 6, 2019

CLARKSON CONSTRUCTION CO., Appellant,
v.
ALISA WARREN, MISSOURI COMMISSION ON HUMAN RIGHTS, and CHARLES WATKINS, Respondents.

          Appeal from the Circuit Court of Cole County, Missouri The Honorable Jon E. Beetem, Judge

          Before: Lisa White Hardwick, Presiding Judge, and Thomas H. Newton and Mark D. Pfeiffer, Judges

          Mark D. Pfeiffer, Judge

         Clarkson Construction Company ("Clarkson") appeals from the judgment of the Circuit Court of Cole County, Missouri ("circuit court"), in favor of the Missouri Commission on Human Rights ("MCHR"); Dr. Alisa Warren, Executive Director of MCHR ("Director"); and Charles Watkins, a former Clarkson employee ("Watkins"), on Clarkson's petition seeking a writ of mandamus. Clarkson presents two points on appeal. Because Clarkson's assertion in both points on appeal is that MCHR and Director exceeded their statutory authority in violation of section 213.111.1[1] by accepting a second charge of discrimination from Watkins that related to his earlier charge of discrimination and by issuing him a second notice of right to sue, we will address the points together. We affirm.

         Facts and Procedural History

         On October 13, 2016, Watkins dual-filed a charge of discrimination ("First Charge") against Clarkson with the Equal Employment Opportunity Commission ("EEOC") and MCHR. Watkins alleged in the First Charge that he was subjected to race discrimination by his employer, Clarkson-specifically alleging an unlawful and racially discriminatory practice of harassment by Clarkson foreperson, Mary Serene-between July 1, 2016, and August 23, 2016.

         On November 1, 2016, MCHR and Director issued to Watkins a Notice of Right to Sue. The Notice of Right to Sue stated:

The MCHR has been informed that the EEOC has completed its processing of your complaint and issued a notice of your right to sue. Based on a review of EEOC's investigation summary, the MCHR has decided to adopt the EEOC's findings, terminate its proceedings in this case and issue this notice of your right to sue on your claims under the MHRA.[2]

         On appeal, Clarkson does not challenge the First Charge, the authority of MCHR to issue Watkins a Notice of Right to Sue for his claim of the unlawful discriminatory practice of racially motivated harassment and discrimination, nor the timeliness of Watkins's lawsuit filed on January 23, 2017, asserting his race discrimination claim that was the subject of the First Charge.

         On January 3, 2017, Watkins dual-filed another charge of discrimination ("Second Charge") with the EEOC and MCHR against Clarkson. In the Second Charge, Watkins asserted that on August 23, 2016, he was subjected to age and race discrimination when he was terminated on that date, but described the race discrimination as, "I believe I was discharged in retaliation for complaining of race discrimination . . . ." (Emphasis added.) In the Second Charge, Watkins does not complain of his foreperson's alleged racially motivated harassment and discrimination; rather, he complains that the managerial hierarchy of Clarkson terminated him in retaliation for complaining of the alleged harassment by his foreperson.

         On January 12, 2017, the EEOC issued a Notice of Right to Sue under the Second Charge to Watkins. The MCHR issued its Notice of Right to Sue related to the Second Charge in January 2017 as well. In the EEOC's Notice of Right to Sue under the Second Charge, the EEOC stated that in regard to Watkins's allegations relating to Title VII of the Civil Rights Act of 1964:

Less than 180 days have passed since the filing of this charge, but I have determined that it is unlikely that the EEOC will be able to complete its administrative processing within 180 days from the filing of this charge.

         The EEOC is terminating its processing of this charge. The EEOC further stated in regard to Watkins's allegations relating to the Age Discrimination in Employment Act ("ADEA") that: "The EEOC is closing your case. Therefore, your lawsuit under the ADEA must be filed in federal or state court WITHIN 90 DAYS of your receipt of this Notice. Otherwise, your right to sue based on the above-numbered charge will be lost."

         On January 23, 2017, Watkins timely filed a petition under the Missouri Human Rights Act ("MHRA") against Clarkson and Watkins's former foreperson, Mary Serene, alleging race discrimination and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.