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Lampley, et al. v. Missouri Commission on Human Rights

Articles Discussing Case:

Missouri Court Tackles Sex Stereotyping, Highlights Sexual Orientation and Gender Identity Issues

Ogletree Deakins • December 13, 2017
While nearly half of all states expressly prohibit discrimination based on sexual orientation and/or gender identity, Missouri is not one of those states. However, the Missouri Court of Appeals recently issued a decision in favor of a gay employee who filed a lawsuit alleging sex discrimination based on sex stereotyping. Lampley v. Missouri Commission on Human Rights, No. WD80288 (October 24, 2017).

Missouri Appellate Court’s Holding That Sex Discrimination May Be Based on Sex Stereotyping Offers Some Protections for LGBT Employees

Littler Mendelson, P.C. • October 27, 2017
In Lampley, et al. v. Missouri Commission on Human Rights,1 the Missouri Court of Appeals held that sex stereotyping can form the basis of a sex discrimination claim when the complaining party is gay, but should not be construed as a claim for sexual orientation discrimination.2 The latter cause of action is not a cognizable claim under the Missouri Human Rights Act (“MHRA”). Further, a complaining party’s sexual orientation is irrelevant to the claim of discrimination based upon sex stereotyping.