Labor Law -- 2003



State ex rel. Diehl v. O'Malley   (Missouri Supreme Court)

Jury trial in employment discrimination case

The NAM filed a joint amicus brief with Associated Industries of Missouri, the Greater Kansas City Chamber of Commerce, the Missouri Bankers Association, and the Missouri Chamber of Commerce and Industry urging the Missouri Supreme Court to affirm ruling that state’s Human Rights Act on employment discrimination provides trial by judge, not by jury. We argued that the Act is clear on its face, and is supported by legislative history and the Missouri Constitution. Allowing jury trials in such cases would burden small manufacturers, clog the courts and lead to venue shopping.

On 1/28/03, the Missouri court held there is a right to trial by jury for money damages.