If you are reading this article, it is likely because either you or a loved one believes you may be experiencing a hostile work-environment at your place of employment and are seeking legal advice from an experienced employment attorney. Although the phrase “hostile work-environment” has now worked its way into the vocabulary of the general public, it remains one of the most misunderstood areas of employment law. This is true even among many licensed Missouri attorneys who do not practice in the area of employment law.
Drawing from my 15+ years of predominantly practicing employment law in the State of Missouri, this article is designed to provide you with some of the most important information about what constitutes an unlawful hostile work-environment in the State of Missouri. Because this area of law is so nuanced, though, it is not possible for me to cover every aspect of the law, particularly with regard to its many, oftentimes complicated, exceptions.
Thus, if either you or a loved one believes that you may be experiencing an unlawful hostile work-environment, it is imperative that you seek the legal advice of an experienced employment law attorney immediately. At Hollingshead & Dudley, our attorneys have collectively represented hundreds of hostile work-environment clients and have interviewed and advised well over a thousand employees who had questions about whether their workplace experiences qualified as an unlawful hostile work-environment under Missouri law.
It is important for you to be aware that Missouri’s hostile work-environment law—part of the Missouri Human Rights Act (the “MHRA”)—contains some of the strictest statute of limitations in the state, so it is imperative that you do not delay in seeking legal advice. The same is true for the “patchwork quilt” of related federal anti-discrimination laws. Because the MHRA largely mirrors the various applicable federal anti-discrimination laws, this article will largely focus on Missouri law. However, depending on the specific circumstances you are experiencing in the workplace, during your legal consultation with one of Hollingshead & Dudley’s employment attorneys, there may be additional discussion about relevant federal anti-discrimination law.
Finally, this article will provide you with the necessary information about scheduling an initial consultation with one of Hollingshead & Dudley’s experienced employment attorneys. The vast majority of employees in the St. Louis metropolitan area will be consulting directly with me—Hollingshead & Dudley’s managing employment law partner.
According to the Missouri Supreme Court, a hostile work-environment exists when an employer’s (including supervisors and co-workers) “[…] discriminatory conduct either creates an intimidating, hostile, or offensive work environment or has the purpose or effect of unreasonably interfering with an individuals’ work performance.” Matthews v. Harley-Davidson, 685 S.W.3d 360, 367 (Mo. banc 2024).
The confusion among the general public—and even some attorneys—occurs by overlooking the operative phrase “discriminatory conduct.” That is, while bullying one’s subordinate employees or co-workers is certainly unethical, that does not necessarily make it illegal. Rather, the employer’s behavior must relate either to an employee’s “protected class” or a “protected activity.”
Along the same lines, the Missouri Supreme Court recognizes that, “[…] in most claims of a hostile work environment, the discriminatory acts are not of a nature that can be identified individually as significant events; instead, the day-to-day harassment is primarily significant in its cumulative effect.” Id. In determining whether an employee was subjected to an unlawful hostile work-environment, Missouri’s courts look to the “totality of the circumstances”—understanding that “[…] proof of discrimination is often complex and reliant on circumstantial evidence.” Id.
One of the most telling quotes on the subject came from one of my very own jury trial victories in an employment case—Harrison v. Harris-Stowe State University. 626 S.W.3d 843 (Mo.App. E.D. 2021). There, the Missouri Court of Appeals observed that the “[p]resentation of circumstantial evidence is often necessary in discrimination cases because, as our [Missouri] Supreme Court has stated, ‘employers are shrewd enough not to leave a trail of direct evidence.’” Id. (internal citations omitted) (emphasis added).
Under the MHRA (and related federal anti-discrimination laws), the “protected classes” are specifically defined as: age (over 40), gender (including pregnancy), disability, religion, national original, race, and color. While it is beyond the scope of this article, the Missouri Supreme Court fairly recently opened the door for claims based on sexual orientation—reasoning that sexual orientation discrimination is frequently premised on perceptions that males and females are expected to dress and behave in certain, traditional manners.
The MHRA essentially defines “protected activities” as employee actions specifically authorized by the MHRA. The actions include filing a complaint (with a supervisor, HR, state/federal anti-discrimination agencies, etc.), testifying, assisting, or participating in any manner “[…] in any investigation, proceeding or hearing conducted pursuant to [the MHRA].” RSMo. § 213.070.1(2).
Now, you may be asking, “what do these phrases have to do with unlawful hostile work-environments under the MHRA?” As you may have already guessed, while the MHRA prohibits employers from retaliating against any employee who has engaged in any of these “protected activities,” as is oftentimes true in every area of law, it isn’t as simple as the statute may make it seem. Namely, over the years, Missouri’s appellate courts have more specifically defined what each of those terms mean and more precisely what exactly an employee must have done in order to qualify for the MHRA’s protections associated with engaging in “protected activities.”
While only an experienced Missouri employment attorney can truly advise you on your specific employment situation, in general, for an employee to be protected under this provision of the MHRA, your activity must relate to a good-faith belief that your employer engaged in unlawful discrimination (i.e., that violates the MHRA). Thus, it is almost never good enough that you simply complained to HR, a supervisor, the EEOC, etc. that your supervisor (or co-worker) has been mistreating you (or one of your work colleagues). Instead, you must specifically state that you believe the behavior constituted unlawful discrimination, harassment, a hostile work-environment, or retaliation for engaging in other “protected activity.”
If you are still employed by the employer who you believe is engaging in or condoning any of these unlawful activities, Hollingshead & Dudley’s experienced employment attorneys can help guide you through the process of ensuring that your complaints satisfy the requirements of the MHRA. On far too many occasions, our employment attorneys have spoken with people who were just terminated from their jobs after filing a complaint with a supervisor or HR, only for us to discover that, because certain “magic language” wasn’t used, the complaint does not qualify as a “protected activity” under the MHRA. To avoid falling victim to this easily made mistake (after all, if you were an employment attorney, you probably wouldn’t need this article!), contact our office today!
If you think that scheduling an initial consultation with one of Hollingshead & Dudley’s employment attorneys is the right decision for you, call now to speak with one of our intake receptionists at (314) 480-5474. Once you’ve provided some basic information about your legal needs and how you can be reached, you’ll receive a call from one of Hollingshead & Dudley’s intake specialists to begin the process of getting you scheduled to speak with one of our employment attorneys. We understand that you want to get answers as quickly as possible, so at Hollingshead & Dudley, we strive to complete the intake process and get you scheduled with one or our employment attorneys as soon as possible!
Hollingshead & Dudley believes that this process should be as transparent as possible. Thus, before you call, please read the following information about what to expect (and how much it will cost) to obtain an initial legal consultation from one of the firm’s employment attorneys:
No, Hollingshead & Dudley charges a $300.00 initial consultation fee for meeting with our one of our employment attorneys. Some of you may know (or have heard) that our firm used to provide free legal consultations to prospective clients. While we naturally understand the appeal in free consultations, without any “skin in the game,” so to speak, our employment attorneys found themselves inundated with callers who had no reasonable basis for believing they might have a viable employment law claim. Thus, charging a consultation fee is part of Hollingshead & Dudley’s ongoing, concerted efforts to provide higher quality legal advice/representation to the firm’s employment law clients—something which requires our employment attorneys to spend considerably more time carefully reviewing the unique circumstances surrounding each clients’ employment situation.
We understand many prospective clients’ hesitation in paying to meet with an attorney, but please keep a few things in mind. First, most professionals (e.g., accountants, physicians, mechanics, etc.) charge their clients for all consultations whereby they anticipate providing valuable professional advice. Hollingshead & Dudley’s employment attorneys are no different.
Second, by charging a consultation fee, our employment attorneys consult with less prospective clients, allowing them to devote more time and attention to each prospective client seeking legal advice. The reason our firm’s employment attorneys have devoted considerable time to writing detailed articles on our firm’s website is to prevent employees who have not likely been subjected to unlawful employment practices—or are otherwise in need of our firm’s employment law knowledge (e.g., severance agreement review, etc.)—from wasting their valuable money on a legal consultation, only to discover that they do not have a case.
Finally, while receiving an initial legal consultation with one of our employment attorneys is no promise or guarantee that Hollingshead & Dudley will agree to further pursue your case (should we believe you have one), the vast majority of the firm’s existing employment law clients were selected through this initial consultation vetting process. Additionally, should one of our employment attorneys believe that you may have a viable employment law claim, but for whatever reason, Hollingshead & Dudley is not able to pursue it, we have a vast network of other experienced employment attorneys (throughout the State of Missouri) that we frequently (with your permission) refer potential cases to.
We know how difficult it can be to find an employment lawyer willing to take—even good—cases. We also know that, in order to provide the highest quality legal representation to Hollingshead& Dudley’s clients, we must limit the total number of employment law cases that we litigate at any given time. As a result, in the event we are unable to further pursue your case (but believe that another attorney or law firm may have an interest in doing so), with your consent, your Hollingshead & Dudley employment attorney can personally speak with other experienced employment attorneys on your behalf in an effort to help you secure quality legal representation.
In many instances, after making such referrals to another experienced employment lawyer, Hollingshead & Dudley’s highly experienced trial attorneys have been brought into the case (with the consent of both you and your attorney) to assist another attorney or law firm with trying your employment case to a jury. We do not charge any additional fee for assisting prospective clients (who, in our professional judgment, have viable employment law claims) in seeking qualified representation—when our employment attorneys are not able to personally pursue a claim. Because we value the time of our colleagues at other law firms, please understand that, if our employment attorneys do not, in their best professional judgment, believe you have any viable claims, we will be unable to assist you with outside referrals.
Your initial $300.00 legal consultation with one of the firm’s employment attorneys includes the following services:
1. Personal Intake Specialist: You will be provided with direct and timely access to one of Hollingshead & Dudley’s intake specialists who is responsible for guiding you through the process of submitting relevant information and documentation that will be necessary for your Hollingshead & Dudley employment attorney to thoroughly and accurately review your employment situation. Ordinarily, your assigned Hollingshead & Dudley intake specialist will not change throughout the legal consultation process, and during normal operating hours, is available by email or telephone to answer any follow-up questions that you may have about the intake process. If you call your intake specialist and he/she does not answer, please leave a message, and you will receive a timely call back. Once you’ve spoken with your intake specialist, you will also have his/her email address and can communicate via email.
2. Initial Consultation: After you have provided your intake specialist with the information and paperwork necessary for your Hollingshead & Dudley employment attorney to thoroughly understand your employment situation, the assigned attorney (typically a firm employment law partner) will personally email you to schedule a mutually agreeable date and time to conduct your initial consultation.
Although you can typically expect an initial consultation to last somewhere between 15-30 minutes (because the attorney has already thoroughly reviewed the documentation you submitted), during your initial consultation, your Hollingshead & Dudley employment attorney will not have you “on a clock” where the consultation ends after a specified period of time. Rather your employment attorney will take the time that, in his or her best professional judgment, is necessary to thoroughly address your legal situation and provide you with sufficient time to ask any questions that you may have. Your employment attorney will also discuss additional legal options that may be available to you, along with any additional legal expenses that you should expect should you choose a particular option.
The process of scheduling your initial legal consultation begins with calling our St. Louis office (even if your employment situation has occurred elsewhere in the State of Missouri) at (314) 480-5474. One of Hollingshead & Dudley’s intake receptionists will take down some basic contact information and ask you to briefly describe your anticipated legal needs. That information is immediately conveyed to one of the firm’s experienced intake specialists who will timely call you to gather some additional information and advise you as to the next steps in scheduling your initial consultation.
Initial Contact: During your conversation with one of Hollingshead & Dudley’s intake specialists, you will be asked to complete some paperwork that is required by the firm prior to scheduling your initial consultation. However, rest assured, the process of scheduling your initial consultation will not be overly tedious, and you will be able to schedule the consultation in a timely manner (typically within 48-72 hours of initially contacting the firm).
Necessary Documents/Steps: To give you a head start in Hollingshead & Dudley’s initial client intake process, before your initial consultation with one of the firm’s employment attorneys will be scheduled, your intake specialist will need to receive the following:
Consultation Fee Payment: Shortly after you speak with your Hollingshead & Dudley intake specialist, you will receive an email from the firm’s payment processing service (LawPay) containing an encrypted link that will allow you to securely make your $300.00 initial consultation payment. Once payment is made, your Hollingshead & Dudley intake specialist will receive electronic confirmation of your payment.
Signed Fee Agreement: Second, you will receive an email from Adobe DocuSign which contains Hollingshead & Dudley’s standard client consultation fee agreement. This fee agreement is required by the firm’s malpractice insurance carrier and is strongly encouraged by the Missouri Bar.
In short, the fee agreement simply explains that, for your $300.00 initial consultation fee, Hollingshead & Dudley has agreed: a) for one of its employment attorneys to review/discuss only your current legal situation; b) to provide you with a telephone consultation discussing the attorney’s legal opinions about your current situation; and c) if both you and your Hollingshead & Dudley employment attorney were to jointly agree on pursuing additional legal remedies on your behalf, a new fee agreement would need to be discussed, agreed-upon, and signed.
Once received, you will review the fee agreement, and follow Adobe DocuSign’s instructions for completing, signing, and electronically submitting the fee agreement to your Hollingshead & Dudley intake specialist.
Hollingshead & Dudley Client Intake Form: Finally, you will receive a second email from Adobe DocuSign requesting that you complete Hollingshead & Dudley’s initial client intake form. You’ll note that this form requests personal information from you that you may consider to be highly confidential. Rest assured that this information is important for Hollingshead & Dudley’s staff and employment attorneys to complete certain aspects of your case—depending on which legal option you may choose. If you remain uncomfortable providing any requested information, simply type “WILL PROVIDE LATER,” and that information can be requested at a later time in a manner by which you are comfortable.
In any event, please know that any information or documentation you provide to Hollingshead & Dudley is stored on the firm’s secure, encrypted server, and except as is required by law—such as for filing claims/lawsuits with federal or state governmental entities—will be maintained as strictly confidential by the firm’s staff and attorneys. Please follow Adobe DocuSign’s instructions for filling out the intake form and electronically submitting it to your Hollingshead & Dudley intake specialist.
Type-Written Client Narrative: Finally, there is one last thing you will need to do prior to scheduling your initial consultation with one of Hollingshead & Dudley’s employment attorneys. Specifically, your employment attorney will need you to take some time to prepare a type-written (i.e., in Microsoft Word or another word processing software) narrative detailing the factual circumstances that led you to seek legal advice from our firm.
Once completed, please email your type-written narrative (in Microsoft Word format) to your Hollingshead & Dudley intake specialist. As our new clients often have many questions about the nature or scope of the attorney-client privilege, it is critical for you to understand that, with very few exceptions, any information you share with legal counsel (or legal counsel’s staff members)—as part of seeking legal advice—is protected by attorney-client privilege, and thus, cannot be revealed to other people. By “with very few exceptions,” you also need to understand that rare circumstances exist whereby a client can be found to have waived attorney-client privilege.
The most common circumstances where this can happen are: a) Third-Party Disclosure: when a client shares otherwise attorney-client privileged information with a third-parties who do not hold any privilege. Please note that your spouse, physicians, mental health professionals, clergy, and other legal counsel also have their own privileges, so disclosure to these individuals will not typically waive attorney-client privilege. On the other hand, there is no applicable privilege associated with disclosing otherwise protected information to your other relatives (except for your spouse), friends, co-workers, girlfriend, etc.; and b) Future Crime/Fraud: Disclosing to legal counsel your intention to commit a future criminal act or fraud is typically not protected by the attorney-client privilege. However, the disclosure of prior criminal action actions, including fraud, is protected. These are certainly not the only ways to waive attorney-client privilege, but in our experience, they are the most common.
Back to your client narrative—if you are like most of the firm’s former and current clients, you may be getting a little anxious about typing up your narrative. For example, we frequently have clients who are worried that their narrative either won’t be the right length or will be missing important information. As for length, typically speaking, most client narratives that we receive are somewhere between one and three single-spaced pages. While a single paragraph narrative is not typically long enough to provide our attorneys with enough information to form a legal opinion, writing a “dissertation” is equally unhelpful because the “information overload” tends to cause important information to “get lost in the shuffle.”
As to what information you should include in your client narrative, Hollingshead & Dudley’s employment attorneys fully understand that you wouldn’t be seeking their legal advice if you fully understood every relevant fact to any potential legal claim you may have. Rest assured that if your Hollingshead & Dudley employment attorney feels that additional facts or documentation are necessary to provide you with a proper legal opinion or advice as to your potential legal claims, your employment attorney (or your Hollingshead & Dudley intake specialist) will either follow-up with you by email or phone to obtain any missing information (prior to your initial consultation), or at your employment attorney’s discretion, he or she will simply elect to discuss the missing information with you at the onset of your initial consultation.
In short, don’t let typing up your client narrative scare you. Not only is the narrative critical for your employment attorney to competently understanding the “nuts and bolts” or your current legal situation, but we’ve also found it immensely helpful in assisting the firm’s former and current clients with remembering important facts down the line that may have otherwise been long forgotten due to the passage of time!
IMPORTANT REMINDER: It is very important for you to understand that Hollingshead & Dudley DOES NOT represent you in any capacity until you have completed ALL steps listed above. As a reminder and a summary, those steps are as follows: 1) make your $300.00 initial consultation payment; 2) complete/electronically submit your initial client intake form; 3) complete/sign/electronically submit Hollingshead & Dudley’s standard consultation fee agreement; and 4) submitting your type-written client narrative to your intake specialist.
Our experienced intake receptionists, intake specialists, and employment attorneys understand that you are likely experiencing a wide range of emotions right now—anxiety, frustration, anger, etc. As a result, we make every effort to quickly schedule and conduct your initial client consultation, but that process begins with you! If you are in need of an experienced employment attorney to advise you on any employment situation you are currently experiencing, don’t delay! Contact Hollingshead & Dudley now at (314) 480-5474 to schedule an initial consultation with one of our firm’s experienced employment attorneys.
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