ST. LOUIS – A Cape Girardeau-based company has filed a notice to remove to federal court a racial discrimination case filed by a former employee.
Last month, David Meyer filed suit against Neumayer Equipment Co., Susan Burkhardt, Todd Burkhardt, Jim Spiros Jr. and Marcus Melita in St. Louis City Circuit Court claiming associational race discrimination and harassment, disability discrimination and harassment, and retaliation under the Missouri Human Rights Act.
The removal notice filed Sept. 7 claims the U.S. District Court for the Eastern District of Missouri has original jurisdiction over the state court action because plaintiff and defendants are citizens of different states and the amount in controversy exceeds $75,000.
Defense attorney Amy L. Blaisdell of Greensfelder, Hemker & Gale in St. Louis wrote in the notice that at the time of filing, Meyer was a resident of Kansas and defendants are residents of Missouri. Neumayer and the individual defendants dispute they have been properly joined.
"This is because before plaintiff ever filed his charge of discrimination, and at the time plaintiff’s right to bring a civil action under the MHRA accrued, the MHRA did not allow plaintiff to sue individual employees," Blaisdell wrote. "The law prohibits an 'employer' from engaging in discrimination or retaliation. But the law specifically excludes individual employees from the definition of employer...," the notice of removal states.
Regarding the amount in controversy, Blaisdell wrote there is "legal certainty" that it exceeds $75,000, a threshold for removal from state court to federal court.
"With respect to plaintiff’s claim for back pay alone, plaintiff’s base salary was $65,000 per year," she wrote. "Plaintiff alleges that his employment with Neumayer was terminated on or about April 10, 2017...Thus, plaintiff’s claim for lost wages to-date totals just over $92,000. This amount of lost wages alone exceeds the jurisdictional amount in controversy required for removal."
Blaisdell added that by the time of trial, Meyer's claim for lost wages would increase to approximately $162,500.
Meyer is represented by Anne Schiavone of Holman Schiavone LLD in Kansas City.