By Brian Peterson ( October 18, 2017, 12:32 PM EDT) -- The Missouri Supreme Court recently issued an opinion that clarifies when it is appropriate to challenge the issuance of a Missouri Commission on Human Rights (MCHR) right-to-sue letter. See State ex rel. Tivol Plaza Inc. v. MCHR et al, Case Nos. SC95758 and SC95759, 2017 Mo. LEXIS 348 (Mo. banc Aug. 22, 2017). This is an important and long-awaited decision because it eliminates some of the confusion caused by Farrow v. St. Francis Medical Center, 407 S.W.3d 579 (Mo. banc 2013). Dicta in Farrow led employers to believe that they were required to raise all available affirmative defenses at the administrative level and that they risked losing the ability to assert those defenses in subsequent litigation if they did not challenge the issuance of the MCHR's right-to-sue letter by filing a writ of mandamus within 30 days of the right-to-sue letter's issuance. But Tivol makes clear it is inappropriate to file a writ of mandamus challenging the issuance of an MCHR right-to-sue letter if the right-to-sue letter was issued after 180 days have passed since the filing of the charge....