Missouri Court of Appeals, Western District / May 21, 2019
Lois McDonald vs. Chamber of Commerce of Independence, Missouri
Lois McDonald sued the Chamber of Commerce of Independence, Missouri, alleging age discrimination under the Missouri Human Rights Act (MHRA). The circuit court dismissed McDonald's petition for lack of subject matter jurisdiction, reasoning that she failed to plead receipt of a right-to-sue letter from the Missouri Commission on Human Rights before filing suit. The appellate court reversed, holding that statutory prerequisites to suit, such as the right-to-sue letter, are not jurisdictional requirements but rather affirmative defenses that do not impact a circuit court's subject matter jurisdiction.