Warden directed subordinates “to figure out how to stop employees from using Family and Medical Leave Act (FMLA) leave.” Plaintiff was concerned that the directive constituted unlawful disability discrimination, reported the directive to her superiors, and received discipline. Whether that directive was unlawful or not, Human Rights Act protected plaintiff’s report from retaliation as long as plaintiff made the report with “reasonable good faith.” Defendant’s agreement with, or failure to object to, an instruction waives error. Defendant waived error in awarding attorney fees, and applying the lodestar calculation and a multiplier, by failing to raise the same issue on appeal as it did in circuit court. Remanded to determine attorney fees on appeal.
Shelley Gray vs. Missouri Department of Corrections
Missouri Court of Appeals, Western District – WD83739