Sovereign immunity doesn't shield school district from retaliation claim
The Supreme Court of Missouri unanimously ruled Tuesday that there is no sovereign immunity from workers compensation retaliation actions brought against a public school district.
Travis Poke was working as a custodian for the Independence School District when in December 2019 he injured his lower abdomen and groin while attempting to fold a cafeteria table, according to Poke v. Independence School District, filed in Jefferson City.
He aggravated the injury in January 2020 when he lifted a full trash barrel liner at work.
Mr. Poke filed a workers compensation claim, and the district directed him to an authorized treatment provider. He gave the provider a urine sample.
The district later discharged Mr. Poke because his urine sample tested positive for marijuana. The district also denied his workers comp claim based on his positive drug test.
Mr. Poke filed suit, asserting that the district’s basis for his termination was pretextual and that he was actually fired in retaliation for exercising his rights under state law.
The district filed a motion for summary judgment, claiming it was shielded by sovereign immunity from retaliatory discharge claims. A trial judge granted the motion, but the Court of Appeals reversed, finding sovereign immunity did not protect the district.
The Missouri Supreme Court agreed, saying state law prohibits all employers from engaging in retaliatory conduct and creates a civil action for damages against all employers that ignore this prohibition.
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