State Ex Rel. Diehl v. O'MALLEY

MICHAEL A. WOLFF, Judge.

Does Missouri’s constitutional guarantee of a right to jury trial apply to an action for damages under the Missouri Human Rights Act?. Kathleen Diehl, plaintiff in the circuit court and relator here, seeks actual and punitive damages against her former employer, NASD Regulation, Inc. Her petition, which seeks damages only and not equitable relief, is based upon the human rights act’s provisions prohibiting discrimination on the basis of age, sex, and retaliation for filing a charge of discrimination. Actual damages pleaded include lost wages and emotional distress.

Diehl…