Richter v. Advance Auto Parts, Inc., No. 11-2570 (8th Cir. 2012)
Annotate this CaseMischelle Richter appealed (1) the district court's order dismissing her retaliation claims under Title VII and the Missouri Human Rights Act for failure to exhaust administrative remedies, and (2) the dismissal of her wrongful discharge claim under Missouri law for failure to state a claim upon which relief may be granted. The Eighth Circuit Court of Appeals (1) affirmed the district court's dismissal of the retaliation claims, holding that Richter did not properly exhaust her retaliation claims; but (2) reversed and remanded on the state-law wrongful discharge claim, holding that Richter alleged sufficient facts to state a wrongful discharge claim under Missouri law.
Court Description: Civil case - Employment Discrimination. Federal law required exhaustion of plaintiff's Title VII retaliation claim, and the district court did not err in dismissing plaintiff's Title VII retaliation claim for failure to exhaust; nor did the court err in dismissing her Missouri Human Rights Act retaliation claim for failure to exhaust; the district court did not err in dismissing those parts of plaintiff's wrongful discharge action which relied on allegations regarding a missing change order and claims of mail and wire fraud; however, her complaint did state a claim for wrongful retaliation based on allegations regarding violations of state laws governing employee discount programs, and wrongful refunds, and the district court erred in dismissing this portion of her suit. Judge Bye, concurring in part and dissenting in part.
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