Tisch v. DST Systems, Inc.
2012 Mo. App. LEXIS 457
| Mo. Ct. App. | 2012Background
- Tisch sued DST Systems for MHRA discrimination based on gender and age, and retaliation.
- Tisch was hired in 1996 at age 55; by 1999 he was a salaried manager in the Project Office.
- DST eliminated the Project Office and Tisch’s manager role in 2002 but kept his salary.
- In 2003-2004 Tisch's titles changed and salary was reduced in 2003, then partially restored by 2004.
- 2005 transfer denial to ECC and 2006 denial of Principal Architect promotion preceded a 2006 timely MCHR charge.
- Trial in 2010 resulted in a verdict for DST on the timely 2006 claim; other claims were time-barred or rejected on summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether continuing violation tolling applies to timeliness | Tisch asserts ongoing discriminatory acts within period justify tolling | DST argues acts were discrete and untimely outside 180 days or 2 years | No continuing violation; only timely 2006 act actionable |
| Whether trial court erred in denying proposed jury instructions | Instructions D and E should guide based on age/discrimination | Instructions were roving and improperly expanded conduct | Denied; proper MAI instructions used; no reversible error |
| Whether trial court abused discretion denying amendment for hostile environment | Harassment claim should be added based on prior acts | Harassment claim was late and would prejudice DST; could have been raised earlier | Denial of amendment upheld; no abuse of discretion |
Key Cases Cited
- Pollock v. Wetterau Food Distribution Group, 11 S.W.3d 754 (Mo.App. E.D. 1999) (continuing violation analysis; timing exceptions sparse)
- Morgan v. Morgan, Inc., 536 U.S. 101 (U.S. 2002) (discrete acts vs. continuing violations; hostile environment framework)
- IT&T Commercial Fin. Corp. v. Mid-Am. Marine Supply Corp., 854 S.W.2d 371 (Mo. banc 1993) (summary judgment standard guidance; burden on movant)
- Brady v. Curators of the Univ. of Missouri, 213 S.W.3d 101 (Mo.App. E.D. 2006) (MHRA interpretation; reference for non-MAI instruction)