Do I have to file with the Missouri Commission on Human Rights before I can sue?

Yes. Mo. Rev. Stat. 213.075.1 calls the commission filing a jurisdictional condition precedent to filing a civil action under the chapter, which is stronger language than most states use. The route to court is set by 213.111.1: after 180 days from the filing, if the commission has not completed its administrative processing and you request it in writing, the commission shall issue a letter indicating your right to bring a civil action, and you then have 90 days to file. There is no earlier exit, because the statute says the commission may not issue that letter at any other time or for any other reason.

I have a Missouri right-to-sue letter. Does that mean my charge was timely?

No, and this is the part that surprises people. Mo. Rev. Stat. 213.075.1 provides that the failure to timely file a complaint with the commission may be raised as a complete defense by a respondent or defendant at any time, either during the administrative proceedings or in subsequent litigation, regardless of whether the commission has issued a right-to-sue letter and regardless of whether the employer asserted the defense before the commission. If there is any question about your filing date, raise it with a Missouri employment lawyer before you rely on the letter.

What happens to my Missouri agency case once the right-to-sue letter issues?

It ends. Mo. Rev. Stat. 213.111.1 provides that upon issuance of the notice the commission shall terminate all proceedings relating to the complaint, and that no person may file or reinstate a complaint with the commission after issuance of a notice relating to the same practice or act. That makes requesting the letter a one way step out of the agency track. Because the 90 day suit window starts from the letter, ask for it when you are ready to move rather than as a formality.

When does the Missouri 180-day clock start?

The statute keys it to the alleged act of discrimination and says nothing more. There is no discovery language in Mo. Rev. Stat. 213.075.1, which is notable because the legislature did write a discovery rule into the separate two year outer limit in 213.111.1, covering the alleged cause "or its reasonable discovery by the alleged injured party." This guide does not take a position on how a course of harassment spread over months is treated for the 180 days. Count from the earliest incident you want covered and ask a Missouri employment lawyer before relying on a later date.

Can I sue the person who harassed me in Missouri?

Not under the Missouri Human Rights Act. Mo. Rev. Stat. 213.010(8)(c) excludes an individual employed by an employer from the definition of employer, so the harassment claim runs against the employing entity rather than the individual. Mo. Rev. Stat. 213.070.2 also makes chapter 213, along with chapters 285 and 287, the exclusive remedy for any and all claims for injury or damages arising out of an employment relationship, which narrows the theories available around the same facts. A Missouri employment lawyer can tell you what, if anything, is left outside that scheme.

Which characteristics does Missouri law protect, and does it cover sexual orientation?

Mo. Rev. Stat. 213.055.1(1) lists race, color, religion, national origin, sex, ancestry, age and disability. Sexual orientation and gender identity are not in the list, so a Missouri worker facing that kind of harassment has no state statutory claim and would be looking at federal law, which requires an employer with 15 or more employees. Missouri does add an associational theory at 213.070.1(4), which makes it unlawful to discriminate against a person because of that person's association with any person protected by the chapter.

Filing a Workplace Harassment Complaint in Missouri

Reviewed by DocDraft Legal Team - Missouri - Last updated September 15, 2026

Missouri is the state where following a national guide can cost you the claim. The federal charge deadline in Missouri is 300 days, because the state has an agency enforcing a parallel law. The state charge deadline is 180 days. Mo. Rev. Stat. 213.075.1 requires an aggrieved person to "make, sign and file with the commission a verified complaint in writing, within one hundred eighty days of the alleged act of discrimination," and calls that filing "a jurisdictional condition precedent to filing a civil action under this chapter." A worker who files on day 250 can have a live federal claim and a dead state one. Senate Bill 43, effective August 28, 2017, hardened that deadline in a way most readers will not expect. The statute now says the commission lacks jurisdiction to take any action on an untimely complaint other than to dismiss it, and that the failure to timely file "may be raised as a complete defense by a respondent or defendant at any time," in the administrative proceeding or in later litigation, "regardless of whether the commission has issued the person claiming to be aggrieved a letter indicating his or her right to bring a civil action." Holding a right-to-sue letter is not proof that your charge was timely. There is one piece of genuinely good news, and it is the practical instruction for this state. Mo. Rev. Stat. 213.075.2 provides that a complaint filed with the EEOC, with another federal agency the commission has a work-sharing or deferral agreement with, or with a certified local commission, "shall be deemed filed with the commission on the date that such complaint is received by such federal agency." So the rule is not that you must file twice. It is that you must file somewhere within 180 days. Coverage sits at six employees. Mo. Rev. Stat. 213.010(8) reaches a person engaged in an industry affecting commerce with six or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, or any person employing six or more persons within the state. That opens a band between six and fourteen employees where you have a Missouri claim and no federal one. If what you are facing includes physical assault, threats, or stalking, contact emergency services and speak with an attorney rather than starting with a complaint form. Attorney review is available if you want a second set of eyes before you file.

Find out where you stand in Missouri

Where are you with the harassment complaint?

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How long do I have to file a workplace harassment complaint in Missouri?

One hundred eighty days. Mo. Rev. Stat. 213.075.1 requires a verified written complaint to be filed with the Missouri Commission on Human Rights within 180 days of the alleged act of discrimination. That is shorter than the 300 day federal charge window that applies in states with their own enforcing agency, so do not carry a 300 day figure from a national guide into a Missouri case. After the charge, two more deadlines apply under 213.111.1: 90 days from the commission's notification letter, and an outer limit of two years after the alleged cause occurred or its reasonable discovery.

Why is the Missouri deadline shorter than the federal one?

Because the two deadlines come from different laws. The federal 180 day charge period extends to 300 days where a state or local agency enforces a law prohibiting the same discrimination, and Missouri has one, so the EEOC window here is 300 days. The Missouri Human Rights Act sets its own period at 180 days in Mo. Rev. Stat. 213.075.1 and does not follow the federal extension. The result is a 120 day gap in which a federal claim is still live and a Missouri claim is not.

Does filing with the EEOC protect my Missouri claim?

Yes, if the EEOC filing itself is within the 180 days. Mo. Rev. Stat. 213.075.2 provides that a complaint filed with the EEOC, with another federal agency with which the commission has a work-sharing or deferral agreement, or with a certified local commission, shall be deemed filed with the commission on the date that complaint is received by that federal agency. Mo. Rev. Stat. 213.030.1(12) authorizes the commission to enter those work-sharing agreements. The practical rule is to get something on file somewhere within 180 days rather than to file twice.

The state clock here is shorter than the federal one, and a right-to-sue letter will not repair a charge that was filed late.

The Missouri state deadline is 180 days, and it is shorter than the federal deadline that applies in the same state. Mo. Rev. Stat. 213.075.1 sets 180 days from the alleged act of discrimination for a verified complaint to the Missouri Commission on Human Rights, while the EEOC charge window in a state with its own enforcing agency is 300 days. If you take the 300 day figure from a national source and act on it, you can preserve the federal claim and lose the state one, along with the jury trial and punitive damages Missouri law allows.

Relevant Laws

Mo. Rev. Stat. 213.075.1: Untimeliness Is a Complete Defense at Any Time

An untimely complaint leaves the commission without jurisdiction to do anything but dismiss it. The failure to timely file may be raised as a complete defense at any time, in the administrative proceeding or in later litigation, regardless of whether a right-to-sue letter was issued.

Mo. Rev. Stat. 213.111.1: Ninety Days From the Letter, Two Years From the Act

Suit must be filed within 90 days from the date of the commission's notification letter, and no later than two years after the alleged cause occurred or its reasonable discovery by the alleged injured party. Agency delay does not extend the two year limit.

Mo. Rev. Stat. 213.010(8): Six Employees, by Either of Two Tests

An employer is a person in an industry affecting commerce with six or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, or any person employing six or more persons within the state. The state and its political subdivisions are covered; corporations and associations owned or operated by religious or sectarian organizations are not.

Mo. Rev. Stat. 213.010(8)(c): No Individual Liability for the Harasser

An individual employed by an employer is excluded from the definition of employer, so a Missouri Human Rights Act claim runs against the employing entity rather than against the individual who harassed you.

Mo. Rev. Stat. 213.055.1(1) and 213.010(1): Protected Characteristics and the Age Band

The employment provision covers race, color, religion, national origin, sex, ancestry, age and disability. Sexual orientation and gender identity are not listed. Age means 40 or more years but less than 70 years.

Regional Variances

How Missouri differs

A filing with the EEOC counts as a filing

A filing with the EEOC counts as a filing with the Missouri commission, which is what makes the 180 days survivable. Mo. Rev. Stat. 213.075.2 deems a complaint filed with the EEOC, with another federal agency under a work-sharing or deferral agreement, or with a certified local commission, to be filed with the commission on the date the federal agency received it. The commission is authorized to enter those work-sharing agreements by 213.030.1(12). The instruction that follows is simple: get something on file with some agency inside 180 days.

Missing the 180 days is jurisdictional in Missouri, not

Missing the 180 days is jurisdictional in Missouri, not merely procedural. Mo. Rev. Stat. 213.075.1 says the failure to timely file deprives the commission of jurisdiction to investigate, and that on an untimely complaint the commission "shall lack jurisdiction to take any action on such a complaint other than to dismiss the complaint for lack of jurisdiction." The same sentence lets a respondent raise untimeliness as a complete defense at any time, in the agency proceeding or in later litigation, regardless of whether a right-to-sue letter was issued and regardless of whether the employer raised it before the commission. A letter in hand does not settle the question.

Three separate clocks run in a Missouri case and

Three separate clocks run in a Missouri case and you have to track all of them. First, 180 days from the act to file the charge, and second, 90 days from the date of the commission's notification letter to file suit, under Mo. Rev. Stat. 213.111.1. Third, an absolute outer limit in the same subsection: the action must be filed "no later than two years after the alleged cause occurred or its reasonable discovery by the alleged injured party," and agency delay does not extend it. A long investigation can consume that outer bar while your file is still open.

Suggested Compliance Checklist

Mo. Rev. Stat. 213.010(8): Six Employees, by Either of Two Tests

See your deadline days after starting

Mo. Rev. Stat. 213.010(8)(c): No Individual Liability for the Harasser

See your deadline days after starting

Mo. Rev. Stat. 213.055.1(1) and 213.010(1): Protected Characteristics and the Age Band

See your deadline days after starting

Mo. Rev. Stat. 213.111.2 to 213.111.4 and 213.070.2: Remedies and Exclusivity

See your deadline days after starting

A jury trial is available as of right, with actual and punitive damages and fee shifting, subject to caps by employer size running from $50,000 to $500,000 on damages other than back pay. Chapter 213, with chapters 285 and 287, is the exclusive remedy for claims for injury or damages arising out of an employment relationship.

Task	Description	Document	Days after starting
Mo. Rev. Stat. 213.010(8): Six Employees, by Either of Two Tests	An employer is a person in an industry affecting commerce with six or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, or any person employing six or more persons within the state. The state and its political subdivisions are covered; corporations and associations owned or operated by religious or sectarian organizations are not.	-	See your deadline
Mo. Rev. Stat. 213.010(8)(c): No Individual Liability for the Harasser	An individual employed by an employer is excluded from the definition of employer, so a Missouri Human Rights Act claim runs against the employing entity rather than against the individual who harassed you.	-	See your deadline
Mo. Rev. Stat. 213.055.1(1) and 213.010(1): Protected Characteristics and the Age Band	The employment provision covers race, color, religion, national origin, sex, ancestry, age and disability. Sexual orientation and gender identity are not listed. Age means 40 or more years but less than 70 years.	-	See your deadline
Mo. Rev. Stat. 213.111.2 to 213.111.4 and 213.070.2: Remedies and Exclusivity	A jury trial is available as of right, with actual and punitive damages and fee shifting, subject to caps by employer size running from $50,000 to $500,000 on damages other than back pay. Chapter 213, with chapters 285 and 287, is the exclusive remedy for claims for injury or damages arising out of an employment relationship.	-	See your deadline

Frequently Asked Questions

Other Missouri guides

Adverse Possession in Missouri: Ten Years, and a Tax Rule Aimed at the Owner

Asset Protection Planning in Missouri (2026)

Dealing With Debt Collectors in Missouri (2026)

Expunging a Criminal Record in Missouri (2026)

Filing Chapter 7 Bankruptcy in Missouri (2026)

Firing an Employee in Missouri (2026)

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