Opinion
Case No. 4:04CV312 CDP.
June 2, 2004
MEMORANDUM AND ORDER
Dorothy Bleckler brought this action against her former employer Schweigert Brothers, Inc. and its president, Wayne Schweigert. Bleckler alleges that she was terminated from her job in violation of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621, et seq., and the Missouri Human Rights Act ("MHRA"), Mo. Rev. Stat. § 213.010 et seq. Bleckler also brought a claim for the unlawful appropriation of her likeness. Wayne Schwiegert has filed a motion to dismiss the ADEA and MHRA claims brought against him on the grounds that neither statute permits individual liability. Bleckler agrees that there is no individual liability under the MHRA, but opposes the motion with respect to the ADEA claims. After careful consideration of the facts and the parties' briefs, I will grant the motion to dismiss.
In ruling on a motion to dismiss, I must accept as true all factual allegations in a complaint and view them in the light most favorable to Bleckler. Kohl v. Casson, 5 F.3d 1141, 1148 (8th Cir. 1993). A cause of action should not be dismissed for failure to state a claim unless, from the face of the complaint, it appears beyond a reasonable doubt that Bleckler can prove no set of facts in support of the claim that would entitle her to relief. Davis v. Hall, 992 F.2d 151, 152 (8th Cir. 1993).
Although the Eighth Circuit has not addressed the question of whether individuals may be held liable under the ADEA, the Court has found that under the definitions of employer under Title VII and the MHRA do not subject employees, including supervisors or managers to individual liability. Lenhardt v. Basic Institute of Technology, Inc., 55 F.3d 377, 381 (8th Cir. 1995). InLenhardt, the Court also noted that the definition of employer in Title VII and the MHRA were analogous to that found in the ADEA. Id. at 380. Furthermore, district courts within this circuit have declined to hold individuals liable under the ADEA.Kelleher v. Aerospace Community Credit Union, 927 F. Supp. 361, 362-63 (E.D. Mo. 1996); Rothmeier v. Investment Advisers, Inc., 932 F. Supp. 1156, 1161 (D. Minn. 1996). In addition, the majority of circuits that have ruled on this issue have held that individual liability is not appropriate. See Rothmeier at 1161 (compiling cases).
In light of these decisions, I find that Wayne Schweigert may not be held individually liable under the ADEA. Therefore, I will grant defendant's motion to dismiss both the MHRA and ADEA claims against Wayne Schweigert in his individual capacity.
Accordingly,IT IS HEREBY ORDERED that Wayne Schweigert's motion to dismiss [#9] is granted.