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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 213

Citation
Section 213
Parent Document
Vermett v. State, 544 S.W.3d 294 (2018)
Jurisdiction
Missouri (state)
Effective Date
2018-02-27

Full Text

1,418 chars
We first note that the MCHR correctly chose to apply the *300McDonnell Douglas test in its administrative decision in this case. Having reviewed the whole record, we find that the MCHR's conclusion that Appellants violated § 213.040.1(1) is supported by competent and substantial evidence. Here, it is clear and undisputed that Respondents were protected by § 213.040.1(1)4 and Respondents made a bona fide offer to rent from Appellants. It is also clear that Respondents met the third part of their initial prima facie burden to show that Mrs. Henderson's disability was a factor in Appellants' decision not to rent to Respondents. Specifically, Respondents had alleged that Appellants refused to rent Unit 1915C, where a ramp could be built, to Respondents because they were "too much trouble." These allegations are supported by Respondents' testimony regarding their visits to Villa Roma and interactions with Ms. Vermett, Respondents' rental application, and Mrs. Henderson's letters sent to Appellants formally requesting a ramp be built to make Unit 1915C wheelchair-accessible and Appellants' subsequent refusal of and non- answers to those letters. Because Respondents' allegations are supported by multiple pieces of evidence in the record, they are sufficient to meet the third part of Respondents' prima facie burden. Respondents had therefore successfully established a prima facie case of discrimination.