Alan Rupe, Kevin Miller Pen Article for Missouri Bar Journal

Kansas City, Mo. (October 9, 2019) – Kansas City & Wichita Managing Partner Alan L. Rupe and Kansas City Associate Kevin E. Miller recently penned an article for the Journal of The Missouri Bar, September-October edition, titled “Moving Forward: Missouri Supreme Court Issues New Jury Instructions Relating to Missouri Human Rights Act.” The article reviews the Missouri Supreme Court’s revised jury instructions for civil actions brought under the Missouri Human Rights Act (MHRA), following the enactment of Missouri’s Senate Bill 43, which amended parts of the MHRA.

As the article notes “Through the creation of the revised jury instructions, the Supreme Court of Missouri has adopted the majority view that the changes to the MHRA do not apply retroactively.”

The article reviews the two categories the new jury instructions fall into, how they affect the burden of proof on the plaintiff, and the areas under the MHRA that are impacted by the new instructions, including protected class discrimination, retaliation or discrimination for filing a workers’ compensation claim, public policy protections for whistleblowers, defenses, and damages.

Messrs. Rupe and Miller analyze the language of each new jury instructions in light of recent case law, and provide guidance for employers on how courts should instruct juries in employment discrimination cases.

Mr. Rupe is vice-chair of Lewis Brisbois’ Labor & Employment Practice. He is an experienced trial lawyer whose practice embraces every aspect of employment law, from day-to-day counseling and training, to administrative agency proceedings and civil litigation. 

Mr. Miller is member of the firm’s Labor & Employment Practice. He regularly defends clients against claims of employment discriminations in state and federal courts, and before the EEOC and the Kansas Human Rights Commission.

Read the full article here.