Wednesday, February 27, 2019

Missouri Supreme Court Rules On Transgender and Sex Stereotyping Discrimination

In R.M.A. v. Blue Springs R-IV School District, (MO Sup. Ct., Feb. 26, 2019), the Missouri Supreme Court in a 4-2 decision held that a transgender male middle-school student stated a claim for sex discrimination under Missouri's Human Rights Act when he alleged that he was not permitted to use the boys' restrooms or locker room.

In Lampley v. Frost, (MO Sup. Ct., Feb. 26, 2019), a case involving complicated procedural issues, the Missouri Supreme Court reversed and remanded a lower court's dismissal of a case in which a gay man claims harassment and retaliation at work.  As summarized in a Court press release:
Five judges agree the circuit court’s judgment should be reversed and the case remanded. Five judges agree the employees sufficiently stated a claim for sex discrimination under the state’s human rights act. Three agree the claims here were based on sex stereotyping rather than sexual orientation; two believe the Court should not have considered whether sex discrimination can be proved by evidence of sex stereotyping. Six judges agree it is unnecessary to reach the issue of whether the state’s act covers claims of discrimination based on sexual orientation; one would hold the act does not extend to discrimination based on sexual orientation.
St. Louis Post Dispatch reports on the decision.