State of Missouri Ex Rel. Jim Swoboda Missouri Cases

Jim Swoboda sought a writ of mandamus against the Missouri Commission on Human Rights and Armstrong Teasdale, LLP, after the Commission dismissed his Missouri Human Rights Act (MHRA) claim against Armstrong for lack of an employer-employee relationship. The circuit court granted the writ, ordering the Commission to rescind its dismissal, accept the charge, and investigate. The appellate court affirmed the order to rescind the dismissal, holding that a direct employer-employee relationship is not required for an aiding and abetting claim under the MHRA. However, it reversed the order to investigate, directing the Commission to issue a right-to-sue letter instead, as more than 180 days had passed, divesting the Commission of jurisdiction to investigate.