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Commission on Human Rights
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Right To Sue Letter Fact Sheet

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What is a Right to Sue Letter?

A Right to Sue Letter (RTS) from the Missouri Commission on Human Rights (MCHR) allows you to file a suit in state court on the discriminatory acts you alleged in the complaint you filed with MCHR or dual filed with MCHR /EEOC. If you get a RTS Letter, the MCHR stops its investigation and closes your case.

When can I get a Right to Sue Letter?

You can get a Right to Sue letter if your case has not been closed. The Missouri Supreme Court has indicated that the MCHR can issue a Right to Sue letter at any time while a case is open (see Igoe v. Dept. Of Labor and Industrial Relations). When possible, the MCHR will complete its investigation and make an investigative finding within 180 days from the filing of the complaint. If that finding closes the case, then the MCHR cannot issue the RTS letter.

How do I get a Right to Sue Letter?

You must make a written request. We have request forms available, (Right to Sue Request Form) but you can also write a letter. Include your name, the name of the Respondent (company or entity you filed against) and your case number, if you have it.

Are there time limits on filing suit?

You must file suit in state court within two (2) years of the date(s) of the discrimination and within ninety (90) days after getting your Right to Sue Letter.

Do I need an attorney?

We cannot tell you to get an attorney- that is a decision you must make. If you are unsure, it might be a good idea to consult an attorney. If you are going to consult an attorney, we suggest you do so before you get the RTS letter because we cannot reopen your case once we have closed it to issue your RTS letter.

How do I file suit in court?

Because filing suit is a legal procedure, we cannot advise you. If you have questions about the RTS procedure, consult an attorney or the circuit court in your area.

How do I get an attorney?

MCHR does not maintain a list of attorneys. You may obtain names of attorneys from your local bar association or the Lawyers Referral Service. In the St. Louis area, call (314) 621-6681. In the Kansas City area, call (816) 221-9472 or 472-0017. Outside these areas, call (800) 392-8777.

How long does it take to get the RTS letter?

The time varies, but we usually issue one within thirty (30) days of your request. If your two year filing time is close, let us know and we will try to issue the RTS before your filing time expires.

Can I get a copy of my file?

Once you have received your RTS Letter and your case with MCHR is closed, you can get a copy of your file (except for confidential information) by making a written request. There is a copying charge of 10 cents per page plus postage. When we receive your written request, we will inform you of the charge. After we receive payment, we will mail you a copy of your file. Depending on the size of your file, you should receive your copy in approximately two (2) weeks. The Respondent may also request a copy of the file.

What happens if I decide not to get a RTS?

MCHR will continue with the investigation of your complaint and the Executive Director will make a decision. If the decision is No Probable Cause, MCHR will close your case and you cannot get a RTS. If the decision is Probable Cause, MCHR will attempt to conciliate (try to settle) your case. If conciliation is not successful, MCHR may hold a hearing on your case.

What if my case is dual filed with EEOC?

You can get a RTS from EEOC and file a discrimination suit in federal court. You can make this request at the same time you request your MCHR RTS Letter by stating you want an EEOC RTS Letter in your written request or on the RTS Request Form we send you. Once we close your case and issue the MCHR RTS Letter, we will forward your request to EEOC. That agency will issue a federal RTS Letter.