ST. LOUIS — The Missouri Court of Appeals Western District has reversed a decision that granted Triumph Foods summary judgment in a lawsuit brought by a former employee alleging race, national origin and disability discrimination, as well as retaliation.
The appellate court found that genuine issues of material fact remain in dispute, making summary judgment inappropriate on multiple claims filed by Claudette Clement Emile, a Haitian-American former employee of the meat processing company, according to the May 6 decision.
Emile initially filed her lawsuit in Buchanan County Circuit Court on Aug. 12, 2022, later amending it in February 2023 to include five counts of alleged violations under the Missouri Human Rights Act (MHRA). These included race discrimination and hostile work environment, national origin and/or color discrimination and hostile work environment, retaliation and hostile work environment, disability discrimination and hostile work environment and workers’ compensation retaliation and hostile work environment.
Emile, who began working for Triumph in 2014, alleged that her limited English proficiency — Creole is her first language — was a persistent barrier at work.
Though Triumph employed other Creole-speaking individuals who could serve as interpreters, Emile said the company often refused to allow them to assist her, leaving her to sign documents she did not understand, according to the decision.
Her complaints of unfair treatment centered largely around repeated denial of timely restroom breaks, which allegedly led to several humiliating and medically significant incidents.
Emile stated that in June 2017, she was denied a restroom break, causing her to urinate on herself. This resulted in ongoing bladder issues and required surgery.
Despite medical advice recommending accommodation, Emile claimed her supervisors continued to deny her appropriate bathroom access.
A similar incident occurred on Aug. 10, 2021, and another on May 18, 2022, when she defecated on herself after a supervisor delayed her restroom request while seeking an interpreter to translate instructions.
Emile filed formal Charges of Discrimination with the Missouri Commission on Human Rights after each incident, citing persistent mistreatment due to her race, disability and language barriers and claiming retaliation for her complaints.
Triumph Foods filed a motion for summary judgment in December 2023, arguing that Emile’s lawsuit was untimely for certain events and that many of her claims were based on isolated, non-actionable incidents under the MHRA.
The company further contended that Emile was not constructively discharged, noting she was on approved medical leave at the time she resigned in November 2022.
Triumph also asserted that Emile’s requests for restroom breaks were not protected activities under the MHRA and that any disciplinary actions taken were based on legitimate business reasons.
The circuit court sided with Triumph and granted summary judgment on all counts on March 19, 2024. Emile then appealed.
In its opinion, the appellate court found Emile had presented sufficient evidence to create genuine disputes of material fact regarding her claims of discrimination and retaliation.
The court cited her documented medical needs, supervisor testimony, her formal complaints to HR and her timely Charges of Discrimination as potential indicators of discriminatory and retaliatory motives.
The appellate court emphasized that under Missouri law, an employee can establish a retaliation claim if they can show they opposed discriminatory practices in good faith and were then subject to adverse actions.
Emile’s complaints to Human Resources, her formal filings with the Missouri Commission on Human Rights, and her descriptions of being treated differently than non-minority coworkers were found to potentially meet this threshold.
The judges rejected Triumph’s assertion that the incidents described by Emile were merely “discrete events” lacking sufficient legal weight.
Instead, the court ruled that when viewed in the light most favorable to Emile, a reasonable factfinder could conclude that she was subjected to a hostile work environment and that Triumph's stated reasons for its actions may have been pretextual.
The appellate court’s unanimous decision reversed the summary judgment and remanded the case back to the Buchanan County Circuit Court for further proceedings.
All judges concurred in the opinion, authored by Chief Judge Anthony Rex Gabbert.
The case will now return to the trial court, where Emile will have the opportunity to present her claims to a jury.
Bert S. Braud of Kansas City represented the appellant.
Gregory D. Ballew of Kansas City represented the respondent.
Missouri Court of Appeals, Western District case number: WD87159