Federal Court Rejects Application of Religious Exemption in Missouri Human Rights Act Disability Discrimination Case
Kuhlmann LLC prevailed in its opposition to a motion to dismiss a disability discrimination lawsuit against the Archdiocese of St. Louis and Cardinal Ritter Senior Services. The lawsuit alleges that our client was subjected to disability discrimination, and asserts claims under the Americans with Disabilities Act and the Missouri Human Rights Act.
The Archdiocese and Cardinal Ritter filed a motion to dismiss the Missouri Human Rights Act claims, claiming they are exempt from the statutory term “employer.”
On August 28, 2012, the United States District Court for the Eastern District of Missouri denied the motion to dismiss. The Court noted that Title 8, Section 60-3.010 of the Missouri Code of State Regulations, which states that an organization “must be one hundred percent (100%) owned and operated by a religious or sectarian group and being a member of that religion or sect must be a requirement for employment…” to claim a religious exemption under the law. The Court stated, “Accepting the allegations contained in Plaintiff’s Complaint as true and drawing all reasonable inferences in favor of Plaintiff, the Court cannot say that Defendants are completely owned and operated by a religious group, nor that being a member of a certain religion is a requirement for employment with Defendants.”
Kuhlmann LLC is a St. Louis, Missouri employment law firm. If you have any questions regarding disability discrimination, or other types of employment discrimination, please call us at 314-621-3267,
Kuhlmann LLC Wins $100,000 Jury Verdict in Sex Harassment/Retaliation Lawsuit
On July 20, 2012, Kuhlmann LLC obtained a $100,000 verdict in a two week jury trial in the Circuit Court of the City of St. Louis, Missouri. Working in conjunction with Riggan Law Firm, LLC, Andrew Kuhlmann won $50,000 in compensatory damages, and $50,000 in punitive damages for our client on claims of sexual harassment and retaliation.
Kuhlmann LLC Files Disability Discrimination Lawsuit against Archdiocese of St. Louis and Cardinal Ritter Senior Services
On May 12, 2012, Kuhlmann LLC filed an employment discrimination lawsuit against the Archdiocese of St. Louis and Cardinal Ritter Senior Services, working in conjunction with co-counsel, Riggan Law Firm, LLC.
The lawsuit asserts that our client has a leg condition which constitutes a disability under the Missouri Human Rights Act and Americans with Disabilities Act. Despite his disability, the lawsuit alleges our client was able to perform the essential functions of his job. During his employment, our client alleges he applied for new positions with Defendants, but was passed over in favor of external applicants. Plaintiff alleges he was told that he would not be physically able to handle the jobs he applied for because it would require him to climb stairs (which he could do).
Employees are protected from discrimination based on actual and/or perceived disability. For more information, please contact us or call 314-621-3267,
Kuhlmann LLC Files Class Action Overtime Lawsuit Against SSM DePaul Health Center
On March 15, 2012, Kuhlmann LLC, a St. Louis, Missouri employment law firm, filed a class action lawsuit against SSM Health Center St. Louis, seeking unpaid wages and overtime compensation for hospital security personnel. Kuhlmann LLC is working in conjunction with co-counsel Riggan Law Firm, LLC.
To view a copy of the lawsuit, click here.
According to the lawsuit, security employees systematically worked “off the clock,” including time spent working during unpaid meal breaks. The plaintiffs allege DePaul subjected them to a meal break deduction policy, which automatically makes a deduction of 30 minutes of time from each shift worked by security personnel, regardless of whether they worked through their break. According to the complaint, DePaul’s computer system automatically, though often erroneously, assumed the employees did not work during this 30-minute meal break.
The lawsuit asserts collective/class action claims on behalf of all similarly situated employees, and seeks unpaid overtime wages under the Fair Labor Standards Act (“FLSA”) and Missouri Minimum Wage Law (“MMWL”). The lawsuit also asserts claims under the Missouri common law.
If your employer automatically deducts for time you actually spend working, or if you otherwise work off the clock, please contact a St. Louis employment lawyer, or call 314-621-3267.
Kuhlmann LLC Files Lawsuit Against Webster University
On March 1, 2012, Kuhlmann LLC filed a lawsuit in the Circuit Court of St. Louis County, Missouri, alleging that Webster University wrongfully dismissed a graduate student in its Nurse Anesthesia program.
To read a copy of the lawsuit, click here.
The lawsuit alleges the Plaintiff was subjected to procedural irregularities and ultimately dismissed from her program because she was involved in an intimate personal relationship with a professor in Webster University’s Nurse Anesthesia program. The lawsuit alleges our client was dismissed from her program with a mere credit hour remaining and nine (9) weeks before completing her program. According to the lawsuit, Webster University failed and/or refused, repeatedly and continuously, to follow its own policies and procedures according to its student handbooks.
The lawsuit asserts claims for breach of contract, fraudulent misrepresentation, negligent misrepresentation, violation of the covenant of good faith and fair dealing, unjust enrichment, and violation of the Missouri Merchandising Practices Act.
Kuhlmann LLC is a St. Louis, Missouri trial law firm. For more information, please contact us or call 314-621-3267.
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