Kutak Rock attorneys Amanda Cooper and Lisa Martin recently obtained an arbitration award in favor of their clients on claims of retaliation in violation of the Missouri Human Rights Act and retaliation in violation of Section 1981 of the Civil Rights Act.

The claimant, an independent contractor who served as the respondents’ Human Resources Director, alleged that the termination of her contract constituted unlawful retaliation. After the circuit court enforced the contract’s mandatory arbitration clause and compelled arbitration, the parties presented evidence during a two-day hearing.

Following review of the testimony, exhibits and briefs, the arbitrator issued an award in favor of respondents on all issues. Cooper and Martin successfully argued that the claimant did not engage in protected activity because:

1. She did not make any complaint of discrimination;
2. Even if she did, she acted in her capacity as Human Resources Director and did not step outside her management role; and
3. In any event, there was no causal link between any alleged complaint and the termination of her contract.

The arbitrator agreed, applying the “manager rule” to reject the claimant’s MHRA and Section 1981 retaliation claims.

Congratulations to Amanda Cooper and Lisa Martin for this strong result on behalf of their clients.

Amanda has significant experience litigating cases, as well as obtaining summary judgment on discrimination, harassment, retaliation and wrongful termination claims. She also provides clients advice, counseling and risk management strategies related to employee discipline and termination, drug testing, FMLA and ADA compliance, non-compete and non-solicitation agreements and preparation of employee handbooks.

Lisa is a litigation attorney practicing in the areas of employment, commercial and healthcare law, as well as insurance defense, probate and Assisted Reproductive Technology (ART). She is a versatile attorney with experience in employment defense, complex business disputes, personal injury defense, guardianships, conservatorships, and representing individuals in assisted reproduction matters.