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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Vermett v. State, 544 S.W.3d 294 (2018)

Citation
Vermett v. State, 544 S.W.3d 294 (2018)
Parent Document
Vermett v. State, 544 S.W.3d 294 (2018)
Jurisdiction
Missouri (state)
Effective Date
2018-02-27

Full Text

1,404 chars
Respondents filed a complaint with the MCHR on March 30, 2010.3 The Attorney General, on behalf of the MCHR, filed an amended complaint against Appellants on February 9, 2012. After a public hearing held on July 6, 2012, the MCHR issued its decision and order adopting the Findings of Fact and Conclusions of Law of the MCHR hearing examiner. Specifically, the MCHR concluded that Respondents had established a prima facie case that they were protected by § 213.040, Appellants had refused to rent to them after they had made a bona fide offer to rent, and Mrs. Henderson's disability was a factor in Appellants' refusal to rent to Respondents. Further, the MCHR concluded that Respondents had met their burden to prove Appellants' stated non-discriminatory reason to not rent to Respondents (that Unit 1915C was unavailable) was pretextual. Concluding that Appellants had violated § 213.040.1(1), the MCHR ordered Appellants to pay actual damages to Respondents, pursuant to § 213.075.11(1), in the amount of $3,000 for deprivation of Respondents' civil rights and $2,000 for emotional distress and humiliation; the MCHR also ordered Appellants to pay a civil penalty of $2,000 pursuant to § 213.075.11(2). Appellants filed their petition for judicial review of the MCHR's decision and order on October 13, 2014; that petition was denied by the circuit court. This appeal follows. II. Standard of Review