Charles R. TART, Plaintiff-Appellant, v. HILL BEHAN LUMBER Co., a Missouri Corp., Defendant-Appellee, 31 F.3d 668 (8th Cir. 1994). · Go Syfert
Charles R. TART, Plaintiff-Appellant, v. HILL BEHAN LUMBER Co., a Missouri Corp., Defendant-Appellee, 31 F.3d 668 (8th Cir. 1994). Cases Citing This Book View Copy Cite
“before initiating a civil action under the mhra, a claimant must exhaust administrative remedies by timely filing an administrative complaint and either adjudicating the claim through the mchr or obtaining a right-to-sue letter.”
175 citation events (75 in the last 25 years) across 17 distinct courts.
Strongest positive: Lau v. Fink (sdd, 2025-02-04)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (verbatim quote) Lau v. Fink
D.S.D. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
he scope of the civil suit may be as broad as the scope of the administrative investigation which could reasonably be expected to grow out of the charge of discrimination.
examined Cited as authority (verbatim quote) Farris v. Allen
E.D. Mo. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
before initiating a civil action under the mhra, a claimant must exhaust administrative remedies by timely filing an administrative complaint and either adjudicating the claim through the mchr or obtaining a right-to-sue letter.
examined Cited as authority (verbatim quote) Rice v. St. Louis University
E.D. Mo. · 2020 · quote attribution · 1 verbatim quote · confidence high
before initiating a civil action under the mhra, a claimant must exhaust administrative remedies by timely filing an administrative complaint and either adjudicating the claim through the mchr or obtaining a right-to-sue letter.
cited Cited as authority (rule) Thomas v. Metropolitan St. Louis Sewer District
E.D. Mo. · 2025 · confidence medium
Tart v. Hill Behan Lumber Co., 31 F.3d 668, 671 (8th Cir. 1994).
discussed Cited as authority (rule) Martinez v. DeJoy
W.D. Ark. · 2025 · confidence medium
See Richter v. Advance Auto Parts, Inc., 686 F.3d 847, 851 (8th Cir. 2012) (finding that claims of discrimination and retaliation, though factually related, are nonetheless separate charges that must be exhausted); Tart v. Hill Behan Lumber Co., 31 F.3d 668, 672-73 (8th Cir. 1994) (holding that raising a discrimination claim in the EEOC charge did not exhaust a separate claim for harassment).
discussed Cited as authority (rule) Lau v. Becarra
D.S.D. · 2024 · confidence medium
Because neither party disputes the characterization of the Formal Complaint found at Document No. 20, at 2, the court will accept that description as true. all incidents of discrimination that are ‘like or reasonably related to the allegations of the [administrative] charge.’ ” Tart v. Hill Behan Lumber Co., 31 F.3d 668, 671 (8th Cir. 1994) (quoting Anderson v. Block, 807 F.2d 145, 148 (8th Cir. 1986) (alteration in original)).
cited Cited as authority (rule) Jones v. Tek Solv
E.D. Mo. · 2024 · confidence medium
Tart v. Hill Behan Lumber Co., 31 F.3d 668, 673 (8th Cir. 1994).
discussed Cited as authority (rule) Cozort v. BNSF Railway Company
W.D. Mo. · 2024 · confidence medium
The subsequent civil claim can be “as broad as the scope of any investigation that reasonably could have been expected to result from the initial charge of discrimination.” Id. “[A]dministrative complaints are interpreted liberally[.]” Tart v. Hill Behan Lumber Co., 31 F.3d 668, 671 (8th Cir. 1994).
discussed Cited as authority (rule) Williams v. Management & Training Corporation (2×)
E.D. Mo. · 2023 · confidence medium
Cottrill v. MFA, Inc., 443 F.3d 629, 634 (8th Cir. 1994); Tart v. Hill Behan Lumber, 31 F.3d 668, 671 (8th Cir. 1994).
discussed Cited as authority (rule) Jones v. St. Louis Public School Foundation
E.D. Mo. · 2023 · confidence medium
In addition, a “claimant must exhaust administrative remedies by timely filing an administrative complaint and either adjudicating the claim through the MCHR or obtaining a right-to-sue letter.” Tart v. Hill Behan Lumber Co., 31 F.3d 668, 671 (8th Cir. 1994) (citing Mo. Rev.
cited Cited as authority (rule) Cason v. St. Louis Public Schools
E.D. Mo. · 2023 · confidence medium
Res., 300 S.W.3d 518, 524 (Mo. Ct. App. 2009) (citing Tart v. Hill Behan Lumber, 31 F.3d 668, 671 (8th Cir. 1994)).
discussed Cited as authority (rule) Simonis v. Kraft Heinz Foods Company LLC
E.D. Mo. · 2023 · confidence medium
The exhaustion requirement ensures that the EEOC gets the first opportunity to investigate discriminatory practices, Shannon v. Ford Motor Co., 72 F.3d 678, 684 (8th Cir. 1996), and puts the charged party on notice of the claims at issue, Tart v. Hill Behan Lumber Co., 31 F.3d 668, 671 (8th Cir. 1994).
discussed Cited as authority (rule) Hooper v. Austin
E.D. Mo. · 2022 · confidence medium
Regarding a particular claim, the Eighth Circuit “deem[s] administrative remedies exhausted as to all incidents of discrimination that are ‘like or reasonably related to the allegations of the [administrative] charge.’” Tart v. Hill Behan Lumber Co., 31 F.3d 668, 671 (8th Cir. 1994) (alteration in original) (quoting Anderson v. Block, 807 F.2d 145, 148 (8th Cir. 1986)); Paskert v. Kemna-ASA Auto Plaza, Inc., 950 F.3d 535, 539 (8th Cir. 2020).
discussed Cited as authority (rule) Echols v. Courier Express One, Inc.
E.D. Mo. · 2022 · confidence medium
In addition, a “claimant must exhaust administrative remedies by timely filing an administrative complaint and either adjudicating the claim through the MCHR or obtaining a right-to-sue letter.” Tart v. Hill Behan Lumber Co., 31 F.3d 668, 671 (8th Cir. 1994) (citing Mo. Rev.
discussed Cited as authority (rule) Goehring v. Campbell County Bank
D.S.D. · 2022 · confidence medium
First quoting Paskert v. Kemna-ASA Auto Plaza, Inc., 950 F.3d 535, 539 (8th Cir. 2020) (alteration in original) (quoting Tart v. Hill Behan Lumber Co., 31 F.3d 668, 671 (8th Cir 1994), and then quoting B.K.B. v. Maui Police Dep’t, 276 F.3d 1091, 1101 (9th Cir. 2002) (emphases in original).
discussed Cited as authority (rule) Brown v. General Motors LLC
E.D. Mo. · 2022 · confidence medium
See, e.g., Dorsey v. Pinnacle Automation Co., 278 F.3d 830, 838 (8th Cir. 2002) (“In this case, Appellants’ claims for age discrimination based on the failure to promote presented in their charge of discrimination is not broad enough to encompass hostile work environment claims.”); Tart v. Hill Behan Lumber Co., 31 F.3d 668, 671 (8th Cir. 1994) (holding that harassment claims were not like or reasonably related to plaintiff’s discriminatory discharge claim); Martin v. Trinity Marine Prod., Inc., No. 1:11-CV-181 SNLJ, 2012 WL 1620164 , at *4 (E.D.
discussed Cited as authority (rule) Daniels v. Traditional Logistics and Cartage, LLC
W.D. Mo. · 2021 · confidence medium
“Exhaustion requires a claimant to give notice of all claims of discrimination in the administrative complaint, but administrative complaints are interpreted liberally in an effort to further the remedial purposes of legislation that prohibits unlawful employment practices.” Tart v. Hill Behan Lumber Co., 31 F.3d 668, 671 (8th Cir. 1994).
discussed Cited as authority (rule) Gant v. Clayco, Inc.
E.D. Mo. · 2021 · confidence medium
Tart v. Hill Behan Lumber Co., 31 F.3d 668, 671 (8th Cir.1994) (“[A] claimant must exhaust administrative remedies by timely filing an administrative complaint and either adjudicating the claim through the MCHR or obtaining a right-to-sue letter.”).
cited Cited as authority (rule) Shearrer v. Norfolk Southern Railway Company Inc
N.D. Ala. · 2021 · confidence medium
Minn. 2015)) (quoting in turn Fanning v. Potter, 614 F.3d 845, 851-52 (8th Cir. 2010), and Tart v. Hill Behan Lumber Co., 31 F.3d 668, 673 (8th Cir. 1994)).
cited Cited as authority (rule) Travis v. Perdue
W.D. Mo. · 2021 · confidence medium
Mo. 2006) (quoting Tart v. Hill Behan Lumber Co., 31 F.3d 668, 671 (8th Cir. 1994)) (internal quotation marks omitted).
discussed Cited as authority (rule) Jennifer Paskert v. Brent Burns
8th Cir. · 2020 · confidence medium
Regarding a particular claim, the Eighth Circuit “deem[s] administrative remedies exhausted as to all incidents of discrimination that are ‘like or reasonably related to the allegations of the [administrative] charge.’” Tart v. Hill Behan Lumber Co., 31 F.3d 668, 671 (8th Cir. 1994) (alteration in original) (quoting Anderson v. Block, 807 F.2d 145, 148 (8th Cir. -6- 1986)).
cited Cited as authority (rule) Lewis v. Blue Springs School District
W.D. Mo. · 2017 · confidence medium
Tart v. Hill Benham Lumber Co., 31 F.3d 668, 671 (8th Cir. 1994); Jeffery v. St.
cited Cited as authority (rule) Jackson v. Lew
W.D. Mo. · 2017 · confidence medium
July 19, 2016) (citing Tart v. Hill Behan Lumber Co., 31 F.3d 668, 671 (8th Cir. 1994)).
discussed Cited as authority (rule) Brisbois v. Soo Line Railroad
D. Minnesota · 2015 · confidence medium
Separate and distinct incidents of retaliation that were not alleged in an administrative complaint are not deemed to be exhausted, see Tart v. Hill Behan Lumber Co., 31 F.3d 668, 673 (8th Cir.1994); however, “[t]he exhaustion requirement may be satisfied if the civil claim grows out of or is like or reasonably related to the substance of the allegations in the administrative charge,” Fanning v. Potter, 614 F.3d 845, 851-52 (8th Cir.2010) (internal quotation marks and citation omitted).
discussed Cited as authority (rule) Mischelle Richter v. Advance Auto Parts (2×)
8th Cir. · 2012 · confidence medium
The Missouri Court of Appeals, relying on pre-Morgan precedent of this court, has held that “administrative remedies are deemed exhausted as to all incidents of discrimination that are like or reasonably related to the allegations of the adminis trative charge.” Alhalabi v. Mo. Dep’t of Natural Res., 300 S.W.3d 518, 525 (Mo.Ct.App.2009) (citing Tart v. Hill Behan Lumber Co., 31 F.3d 668, 671 (8th Cir.1994)).
cited Cited as authority (rule) Brooks v. Midwest Heart Group
8th Cir. · 2011 · confidence medium
Tart v. Hill Behan Lumber Co., 31 F.3d 668, 671-72 (8th Cir. 1994).
cited Cited as authority (rule) Alhalabi v. Missouri Department of Natural Resources
Mo. Ct. App. · 2009 · confidence medium
Tart v. Hill Behan Lumber, 31 F.3d 668, 671 (8th Cir.1994).
cited Cited as authority (rule) Young v. Time Warner Cable Capital, LP
W.D. Mo. · 2006 · confidence medium
Indus., Inc., 371 F.3d 1020, 1024-25 (8th Cir.2004) (Title VII); Tart v. Hill Behan Lumber Co., 31 F.3d 668, 671 (8th Cir.1994) (MHRA).
discussed Cited as authority (rule) Whitlow v. VISITING NURSE ASS'N OF WESTERN NY
W.D.N.Y. · 2005 · confidence medium
Feb. 1, 2000) (failure to exhaust where “[p]laintiff alleged factually distinct discriminatory practices in her constructive discharge claim that would require an investigation of events differing in time and nature” from scope of agency investigation); Tart v. Hill Behan Lumber Co., 31 F.3d 668, 673 (8th Cir.1994) (failure to exhaust where alleged incidents of racial harassment were “separate in time and distinct in kind” from alleged incident of discriminatory discharge).
discussed Cited as authority (rule) Dennis Epps v. City of Pine Lawn
8th Cir. · 2003 · confidence medium
Mathews v. Trilogy Communications, Inc., 143 F.3d 1160 , 1164 n. 5 (8th Cir. 1998) (citing Tart v. Hill Behan Lumber Co., 31 F.3d 668, 671 (8th Cir. 1994) (federal employment discrimination decisions apply to MHRA)); Mo. Rev.
discussed Cited as authority (rule) Dennis Epps v. The City of Pine Lawn
8th Cir. · 2003 · confidence medium
Mathews v. Trilogy Communications, Inc., 143 F.3d 1160 , 1164 n. 5 (8th Cir.1998) (citing Tart v. Hill Behan Lumber Co., 31 F.3d 668, 671 (8th Cir.1994) (federal employment discrimination decisions apply to MHRA)); Mo. Rev.
discussed Cited as authority (rule) Soto v. John Morrell & Co.
N.D. Iowa · 2003 · confidence medium
The Eighth Circuit Court of Appeals “deem[s] administrative remedies exhausted as to all incidents of discrimination that are ‘like or reasonably related to the allegations of the [administrative] charge.’ ” Hargens v. USDA 865 F.Supp. 1314 , (N.D.Iowa 1994) (quoting Tart v. Hill Behan Lumber Co., 31 F.3d 668, 671 (8th Cir.1994) (citations omitted).
discussed Cited as authority (rule) Castro Ortiz v. Fajardo
D.P.R. · 2001 · confidence medium
Moreover, the latitude extended in pro se [discrimination cases] does not allow the complainant ‘to file general charges with the [administrative agency] ... and then expect that this allegation will permit all claims...’” Lattimore v. Polaroid Corp., 99 F.3d at 464 (citing Tart v. Hill Behan Lumber Co., 31 F.3d 668, 673 (8th Cir.1994)).
discussed Cited as authority (rule) Schwebach v. Board of Regents of the University of Nebraska-Lincoln (2×)
D. Neb. · 2000 · confidence medium
Tart v. Hill Behan Lumber Co., 31 F.3d 668, 671 (8th Cir.1994).
discussed Cited as authority (rule) Price v. Harrah's Maryland Heights Operating Co. (2×) also: Cited "see"
E.D. Mo. · 2000 · confidence medium
Regarding plaintiff's MHRA retaliation claim in Count IV, "decisions under federal discrimination laws are authoritative under the MHRA as well has federal law, where the Missouri Supreme Court has not spoken on an issue." Vankempen v. McDonnell Douglas Corp., 923 F.Supp. 146, 149 (E.D.Mo.1996) (citing Tart v. Hill Behan Lumber Co., 31 F.3d 668, 671 (8th Cir.1994)); see also Keeney v. Hereford Concrete Products, Inc., 911 S.W.2d 622, 624 (Mo. banc 1995); Midstate Oil v. Missouri Comm'n on Human Rights, 679 S.W.2d 842, 846 (Mo. banc 1984).
discussed Cited as authority (rule) Anderson v. Dillard's Inc.
E.D. Mo. · 2000 · confidence medium
NOTES [1] Because federal employment discrimination decisions are applicable and authoritative under the MHRA, Tart v. Hill Behan Lumber Co., 31 F.3d 668, 671 (8th Cir.1994), the Court shall analyze Anderson's Title VII and MHRA claims jointly. [2] Fitzgerald was to assume the job of Operations Manager at the Jamestown Dillard's on February 1, 1999. [3] "A plaintiff cannot create a genuine issue of material fact with regard to unwelcome behavior when she engages in the conduct complained about." Id. at 749 . [4] The Court is not persuaded by Defendant's argument that Plaintiff has failed to de…
discussed Cited as authority (rule) Galambos v. Fairbanks Scales
E.D. Mo. · 2000 · confidence medium
NOTES [1] Because federal employment discrimination decisions are applicable and authoritative under the MHRA, Tart v. Hill Behan Lumber Co., 31 F.3d 668, 671 (8th Cir.1994), the Court shall analyze jointly Galambos's ADEA and MHRA age discrimination claims, as well as his ADA and MHRA disability discrimination claims.
examined Cited as authority (rule) Lora Stuart v. General Motors Corp. (4×) also: Cited "see"
8th Cir. · 2000 · confidence medium
See Artis v. Francis Howell North Band Booster Ass’n., Inc., 161 F.3d 1178, 1183 (8th Cir.1998) (claim of retaliation in relation to disparate treatment of students not like or reasonably related to complaint of retaliation for fifing a grievance related to racial harassment directed at complainant personally); Tart, 31 F.3d at 672-73 (disallowing racial harassment claim to be brought in conjunction with a discriminatory discharge claim because incidents supporting each were distinct); Roxas v. Presentation College, 90 F.3d 310 , 318 n. 5 (8th Cir.1996) (teacher’s claim of constructive dis…
examined Cited as authority (rule) Lora Stuart v. General Motors Corp. (5×) also: Cited "see"
8th Cir. · 2000 · confidence medium
Exhaustion of administrative remedies entitling a claimant to bring a cause of action, under both statutes, “requires a claimant to give notice of all claims of discrimination in the administrative complaint.” See Tart, 31 F.3d at 671 (basing holding on cases discussing Title VII).
cited Cited as authority (rule) Johnson v. Missouri Goodwill Industries
E.D. Mo. · 2000 · confidence medium
Tart v. Hill Behan Lumber Co., 31 F.3d 668, 671 (8th Cir.1994) (internal quotations and citations omitted).
discussed Cited as authority (rule) Dong Van Nguyen v. Dobbs International Services, Inc.
W.D. Mo. · 2000 · confidence medium
Tart v. Hill Behan Lumber Co., 31 F.3d 668, 672-73 (8th Cir.1994). “ ‘[I]t will not suffice to file general charges with the [administrative agency], as was done here, and then to expect that this allegation will permit all claims of race-based discrimination [including racial harassment] in a subsequent lawsuit.’ ” Tart, 31 F.3d at 673 (quoting Rush v. McDonald’s Corp., 966 F.2d 1104, 1112 (7th Cir.1992) (holding racial harassment claim not like or reasonably related to underlying discrimination claim)).
discussed Cited as authority (rule) ca8 1999
8th Cir. · 1999 · confidence medium
See Kiel v. Select Artificials, Inc., 169 F.3d 1131, 1134-35 (8th Cir. 1999) (en banc), petition for cert. filed, 67 U.S.L.W. 3758 (U.S. June 2, 1999) (No. 98-1938) (disability under ADA); Ghane v. West, 148 F.3d 979 , 981 (8th Cir. 1998) (national origin); Tart v. Hill Behan Lumber Co., 31 F.3d 668, 671 (8th Cir. 1994) (Title VII and MHRA); Richmond v. Board of Regents of the Univ. of Minn., 957 F.2d 595 , 598 (8th Cir. 1992) (section 1983); Mann v. Milgram Food Stores, Inc., 730 F.2d 1186, 1188 (8th Cir. 1984) (religion). 10 Initially, Floyd must establish a prima facie case of discriminatio…
discussed Cited as authority (rule) Floyd v. State of Missouri Department of Social Services
8th Cir. · 1999 · confidence medium
See Kiel v. Select Artificials, Inc., 169 F.3d 1131, 1134-35 (8th Cir.1999) (en banc), petition for cert. filed, 67 U.S.L.W. 3758 (U.S. June 2, 1999) (No. 98-1938) (disability under ADA); Ghane v. West, 148 F.3d 979 , 981 (8th Cir.1998) (national origin); Tart v. Hill Behan Lumber Co., 31 F.3d 668, 671 (8th Cir.1994) (Title VII and MHRA); Richmond v. Board of Regents of the Univ. of Minn., 957 F.2d 595 , 598 (8th Cir.1992) (section 1983); Mann v. Milgram Food Stores, Inc., 730 F.2d 1186, 1188 (8th Cir.1984) (religion).
cited Cited as authority (rule) Kampouris v. Saint Louis Symphony Soc.
E.D. Mo. · 1999 · confidence medium
Tart v. Hill Behan Lumber Company, 31 F.3d 668, 671 (8th Cir.1994).
discussed Cited as authority (rule) George L. Gipson v. Kas Snacktime Company
8th Cir. · 1999 · confidence medium
In applying the MHRA, we “are guided not only by Missouri law but also by federal employment discrimination decisions which are applicable and authoritative under the MHRA.” Tart v. Hill Behan Lumber Co., 31 F.3d 668, 671 (8th Cir.1994) (quotation omitted); see Swyers v. Thermal Science, Inc., 887 S.W.2d 655, 656 (Mo.App.1994).
discussed Cited as authority (rule) George L. Gipson v. Kas Snacktime Co.
8th Cir. · 1999 · confidence medium
In applying the MHRA, we “are guided not only by Missouri law but also by federal employment discrimination decisions which are applicable and authoritative under the MHRA." Tart v. Hill Behan Lumber Co., 31 F.3d 668, 671 (8th Cir. 1994) (quotation omitted); see Swyers v. Thermal Science, Inc., 887 S.W.2d 655, 656 (Mo. App.1994). -7- An employer violates Title VII if “the workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.” Har…
discussed Cited as authority (rule) Terry J. Artis v. Francis Howell North (2×) also: Cited "see"
8th Cir. · 1998 · confidence medium
See id.; Tart v. Hill Behan Lumber Co., 31 F.3d 668, 673 (8th Cir. 1994).
discussed Cited as authority (rule) Terry J. Artis v. Francis Howell North Band Booster Association, Inc. Francis Howell R-Iii School District Joseph Stacy (2×) also: Cited "see"
8th Cir. · 1998 · confidence medium
See id.; Tart v. Hill Behan Lumber Co., 31 F.3d 668, 673 (8th Cir.1994).
cited Cited as authority (rule) Margaret Nichols v. American Natl. Ins.
8th Cir. · 1998 · signal: cf. · confidence medium
Cf. Tart v. Hall Behan Lumber Co., 31 F.3d 668, 672-73 (8th Cir. 1994); Williams v. Little Rock Mun.
discussed Cited as authority (rule) Margaret NICHOLS, Plaintiff-Appellant, v. AMERICAN NATIONAL INSURANCE CO., Defendant-Appellee (2×)
8th Cir. · 1998 · signal: cf. · confidence medium
Cf. Tart v. Hill Behan Lumber Co., 31 F.3d 668, 672-73 (8th Cir.1994); Williams v. Little Rock Mun.
65 Fair empl.prac.cas. (Bna) 787, 65 Empl. Prac. Dec. P 43,284 Charles R. Tart
v.
Hill Behan Lumber Company, a Missouri Corporation
William E. Moeneh, St. Louis, MO, argued (Mary Anne Sedey and Kathryn S. Render, on the brief), for plaintiff-appellant., Robert A. Kaiser, St. Louis, MO, argued, for defendant-appellee.
Bowman, Hansen, Arnold.
Cited by 118 opinions  |  Published
HANSEN, Circuit Judge.

In this diversity case, Charles R. Tart appeals the district court’s [1] judgment dismissing his Missouri Human Rights Act claim of discriminatory discharge following a jury verdict in favor of Hill Behan Lumber Company (Hill Behan). Tart contends that the district court erred by refusing to instruct the jury on racial harassment in the workplace or on his theory of agency. We affirm.

I. Background

Hill Behan Lumber Company hired Tart, an African-American male, in 1977, and Tart’s employment with Hill Behan continued until his discharge in June 1988 for employee theft. Patrick Behan, Chief Executive Officer and a one-sixth owner of the company, made the decision to discharge Tart after concluding that Tart had taken “dunnage” from the company’s premises without the proper authorization. Dunnage is scrap shipping lumber material that Hill Behan allows employees to purchase at minimal cost to the employee. In an effort to discourage employee theft, however, employees are not allowed to remove dunnage, or any other property, from the company premises unless they obtain authorization from a supervisor for each purchase. Removing dunnage without authorization is considered employee theft, and Hill Behan requires immediate discharge of employees believed to have engaged in such conduct.

On October 26,1988, Tart filed a complaint with the Missouri Commission on Human Rights (MCHR) alleging that he was discharged because of his race. Tart filed a second complaint with the MCHR in December 1988 which included a complaint to the Equal Employment Opportunity Commission (EEOC). In the second administrative complaint, Tart again alleged discriminatory discharge, stating that Hill Behan had not discharged white employees accused of theft, and he also alleged that he was discharged in retaliation for filing a grievance relating to overtime work. Tart received a right-to-sue letter from the MCHR on the first administrative complaint which alleged only discriminatory discharge, and he timely filed this action in federal district court.

Tart’s first amended complaint in federal district court alleged not only discriminatory discharge but also retaliatory discharge and discriminatory treatment with respect to overtime work and disciplinary actions. Tart claimed that these allegations amounted to violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the Missouri Human Rights Act (MHRA). The district court dismissed Tart’s Title VII and Section 1981 claims before trial and retained jurisdiction over his MHRA claim based upon diversity of citizenship.

The case was tried before a jury. During the trial, Tart offered his explanation of the dunnage incident which resulted in his discharge and testified about an incident where he was deprived of overtime work. Tart stated that he was denied overtime on the basis of his race, but the grievance he filed after the incident stated that he was denied overtime in violation of his seniority rights and did not mention that race was a basis for the employer’s action. Hill Behan submitted evidence showing that supervisors attempted to contact Tart to offer him the overtime work in that instance but were unable to reach him so they offered the overtime work to an employee with less seniority. Tart testified that he was often disciplined and told to get to work while white employees were not. Hill Behan offered evidence that Tart was disciplined and told to work harder because of his poor work performance.

Tart also testified that white coemployees referred to him and to other blacks with derogatory terms such as “niggers” or “lightning.” After a black coemployee complained about such language, supervisor Ed Dezern held a meeting to discuss the conduct. No employees were disciplined or reprimanded,[*671] and Dezern told Tart to get back to work. At one point during Tart’s employment, someone painted the letters KKK on a box at work. When Tart notified management and complained that it was offensive, the box was immediately destroyed. Aside from this complaint, Tart never filed or reported any incident of racial slurs or discriminatory conduct to supervisors, management, or his union.

Former Hill Behan employees also testified that coemployees at Hill Behan engaged in racial slurs and jokes at work. One witness testified that he heard Patrick Behan state, “I got rid of one of them niggers. I’ll get rid of the rest of them.” (Trial Tr. at 2-70.) The witness could not state precisely when he overheard this comment. Tart testified that he could not remember hearing Mr. Behan or any supervisor ever use a racial slur.

Tart requested the district court to instruct the jury on discriminatory discharge, racial harassment in the workplace, and agency in an attempt to hold Hill Behan liable for the discriminatory comments made by his eoemployees. The district court found that Tart had not charged racial harassment in his administrative complaints or in his first amended complaint in federal district court and that neither Missouri law nor the evidence justified an instruction on an agency theory. The district court refused to tender an instruction on either racial harassment or agency but allowed Tart to argue that the incidents of harassment affected Patrick Behan’s motivation for terminating Tart. The district court instructed the jury only on Tart’s claim of discriminatory discharge.

The jury returned a verdict in favor of Hill Behan. Tart appeals, contending that the district court erred by refusing to instruct on his claim of racial harassment in the workplace and his agency theory. Tart does not attack the jury’s verdict on the discriminatory discharge claim that was submitted to the jury and decided adversely to him.

II. Discussion

Tart’s federal suit proceeded solely under the MHRA, see Mo.Ann.Stat. § 213.-010-213.137 (Vernon Supp.1994), and he appeals the district court’s refusal to instruct the jury on racial harassment and agency. In a diversity action, we look to state law to assess the substantive correctness of the jury instructions. See Erie R.R. v. Tompkins, 304 U.S. 64, 78, 58 S.Ct. 817, 822, 82 L.Ed. 1188 (1938); Holst v. Countryside Enter., Inc., 14 F.3d 1319, 1321 (8th Cir.1994). Decisions under the MHRA, however, are guided not only by Missouri law but also by federal employment discrimination decisions which “are applicable and authoritative under the MHRA.” Lane v. Ground Round, Inc., 775 F.Supp. 1219, 1223 (E.D.Mo.1991) (citing Midstate Oil v. Missouri Comm’n on Human Rights, 679 S.W.2d 842, 846 (Mo.1984) (en banc)).

Before initiating a civil action under the MHRA, a claimant must exhaust administrative remedies by timely filing an administrative complaint and either adjudicating the claim through the MCHR or obtaining a right-to-sue letter. See Mo.Ann.Stat. §§ 213.075, 213.111(1); see also Roberts v. Panhandle E. Pipeline Co., 763 F.Supp. 1043, 1048 (W.D.Mo.1991). Exhaustion requires a claimant to give notice of all claims of discrimination in the administrative complaint, but administrative complaints are interpreted liberally in an effort to further the remedial purposes of legislation that prohibits unlawful employment practices. See Cobb v. Stringer, 850 F.2d 356, 359 (8th Cir.1988) (interpreting Title VII). We therefore deem administrative remedies exhausted as to all incidents of discrimination that are “like or reasonably related to the allegations of the [administrative] charge.” Anderson v. Block, 807 F.2d 145, 148 (8th Cir.1986) (internal quotations omitted) (alteration in original); see also Williams v. Little Rock Mun. Water Works, 21 F.3d 218, 222 (8th Cir.1994); Satz v. ITT Fin. Corp., 619 F.2d 738, 741 (8th Cir.1980). Thus, the scope of the civil suit may be “as broad as the scope of the [administrative] ‘investigation which could reasonably be expeeted to grow out of the charge of discrimination.’” Cobb, 850 F.2d at 359 (quoting Griffin v. Carlin, 755 F.2d 1516, 1522 (11th Cir.1985)); see also Equal Employment Opportunity Comm’n v. Delight [*672] Wholesale Co., 973 F.2d 664, 669 (8th Cir.1992).

Tart filed two administrative complaints alleging racial discrimination in his discharge from Hill Behan, and he received a right-to-sue letter on the first complaint. Tart did not state a claim of racial harassment in the workplace in either administrative complaint. In the complaint for which he received a right-to-sue letter, Tart stated his charge as follows:

I. I was hired March, 1977 with the above company. I was terminated on the above date.
II. Ed Dezern handed me a paper stating that I was discharged for violation of Work Rule Number Six (6), which is stealing or being in possession of stolen property.
III. I believe that I was discharged because of my race, Black.

(Appellant’s Addend, at A-6.) Tart did not claim racial harassment in his first amended complaint in federal district court or move to amend his complaint to conform to the proof he offered. Consequently, the district court refused to instruct the jury on racial harassment in the workplace. Tart contends that the district court erred because his claim of racial harassment in the workplace is sufficiently like or related to his administrative claim of a racially discriminatory discharge to be within the scope of this lawsuit.

We have considered the scope of employment discrimination suits in various contexts. See, e.g., Williams, 21 F.3d at 223 (holding a 1987 charge of race discrimination was separate and distinct from a 1990 claim of retaliation); Boge v. Ringland-Johnson-Crowley Co., 976 F.2d 448, 451 (8th Cir.1992) (holding that discriminatory layoff is not like or reasonably related to a separate and much later alleged discriminatory termination); Delight, 973 F.2d at 669 (holding that constructive discharge and wage discrimination claims, discovered during the EEOC investigation and included in its conciliation procedure, were sufficiently like or related to discriminatory demotion); Anderson, 807 F.2d at 148-49 (holding that discriminatory suspension is not like or reasonably related to an administrative charge of discriminatory discharge). However, we have not yet considered whether the scope of a discriminatory discharge claim encompasses a claim of racial harassment. In this case, we must determine whether Tart’s allegation of racial harassment in the workplace is sufficiently “like or reasonably related to” his claim of discriminatory discharge so as to be deemed within the scope of this civil suit. See Anderson, 807 F.2d at 148. We conclude that it is not.

A discharge is a completed act at the time it occurs. Cf. Boge, 976 F.2d at 451 (stating that layoff is a completed act when it occurs). A discharge is accomplished by one who is authorized to take such action, and the motive for any given discharge is subjectively formed by the person responsible for the decision to terminate. A claimant alleging discriminatory discharge must prove that the employer relied on an impermissible motivating factor in making the employment decision, see Price Waterhouse v. Hopkins, 490 U.S. 228, 109 S.Ct. 1775, 104 L.Ed.2d 268 (1989) (plurality), or after setting forth a prima facie case of discrimination, that the employer’s proffered nondiscriminatory reason for the discharge is a pretext for the illegal discrimination which caused him injury, see St. Mary’s Honor Center v. Hicks, — U.S. -, 113 S.Ct. 2742, 125 L.Ed.2d 407 (1993); McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). To the contrary, a claim of racial harassment in the workplace focuses on the pervasiveness of the racially discriminatory conduct and also the employer’s possible knowledge of that conduct and failure to take remedial action. See Kopp v. Samaritan Health System, Inc., 13 F.3d 264, 269 (8th Cir.1993) (discussing elements of sexual harassment claim); see also Meritor Sav. Bank v. Vinson, 477 U.S. 57, 65-67, 106 S.Ct. 2399, 2404-06, 91 L.Ed.2d 49 (1986) (treating cases of sexual harassment in the workplace the same as racial harassment).

In this case, the record demonstrates that Patrick Behan was solely responsible for the decision to terminate Tart, and Tart’s discriminatory discharge claim turned upon the subjective motivation of Patrick Behan. The[*673] incidents of alleged racial harassment by coworkers are distinct from and unrelated to the dunnage incident which resulted in Patrick Behan’s decision to discharge Tart for theft. Furthermore, the conduct of coem-ployees throughout Tart’s 11-year employment with Hill Behan offers little if any insight into Patrick Behan’s motivation for terminating Tart following the dunnage incident. We therefore conclude that Tart’s racial harassment claim is not sufficiently like or related to his complaint of discriminatory discharge to be deemed within the scope of this lawsuit.

In a situation very similar to the ease at hand, the Seventh Circuit held that a claim of racial harassment is not like or reasonably related to an administrative charge of discriminatory discharge. See Rush v. McDonald’s Corp., 966 F.2d 1104, 1110-12 (7th Cir.1992). In Rush, the claimant’s administrative complaint charged racial discrimination both in general terms and in the specific event of her termination. 966 F.2d at 1110. Rush then brought a civil suit in federal district court in which she included a claim of racial harassment, a claim she had not specifically raised in her administrative complaint. Id. Rush’s failure to state racial harassment in her administrative complaint proved fatal to her claim of racial harassment in federal district court. Id. at 1111-12. The Seventh Circuit held, “it will not suffice to file general charges with the [administrative agency], as was done here, and then to expect that this allegation will permit all claims of race-based discrimination in a subsequent lawsuit.” Id. at 1112. We agree.

Tart contends that his racial harassment claim would have been within the scope of the administrative investigation and therefore it was properly raised in this civil suit. See Delight, 973 F.2d at 668-69. We disagree. Had the agency investigated Tart’s discriminatory discharge claim, the scope of the investigation would have been no broader than a search for evidence relating to the discharge itself and the motivations underlying the discharge. The investigation would have sought evidence concerning the actions and motivations of Patrick Behan relating to Tart’s discharge, the circumstances surrounding the specific incident out of which the termination decision arose, and other incidents only to the extent that they tended to demonstrate Patrick Behan’s motives or attitudes. All of the alleged incidents of racial harassment were separate in time and distinct in kind from the incident which preceded Tart’s discharge. Thus, contrary to Tart’s contention, an administrative investigation of his discriminatory discharge complaint would not reasonably be expected to uncover evidence of prior racial harassment at Hill Behan.

Tart also contends that, after almost three years of discovery during which Hill Behan heard all of Tart’s evidence relating to racial harassment, Hill Behan cannot claim that it lacked notice of the racial harassment claim. This argument ignores the mandatory exhaustion requirement. See Williams, 21 F.3d at 223 (allegations in complaint outside the scope of EEOC charge circumscribe the investigatory and conciliatory role of EEOC, just as does a failure to timely file the charge). Even if through discovery Hill Behan became aware of the evidence that Tart intended to introduce, an awareness of the evidence does not amount to notice of an unrelated, uncharged theory of discrimination. The background incidents that Tart offered to demonstrate a racially biased climate at Hill Behan might have had some probative value on the issue of whether Hill Behan’s treatment of Tart was motivated by discrimination or insofar as they indicated an attitude of discrimination on the part of Patrick Behan. See Estes v. Dick Smith Ford, Inc., 856 F.2d 1097, 1103 (8th Cir.1988). The district court allowed Tart to argue the evidence in this fashion to the jury. Because Tart’s claim of racial harassment is not like or related to his administrative claim of discriminatory discharge, however, the mandatory exhaustion requirement is not met and thus, the theory of racial harassment could not be submitted as a separate claim. We conclude that the district court did not err in refusing to instruct the jury on racial harassment.

Because we conclude that racial harassment was not within the scope of this suit, we need not evaluate whether Tart presented[*674] sufficient evidence to justify an instruction on racial harassment.

We also conclude that the district court properly refused to give Tart’s requested agency instruction. There was no dispute that Patrick Behan, chief executive officer and a one-sixth owner of the company, was solely responsible for Tart’s discharge and that he had the authority to bind the company on the termination decision. Since no evidence supported an agency theory, the district court did not err by refusing to give the instruction. See Wilson v. Jotori Dredging, Inc., 999 F.2d 370, 372 (8th Cir.1993) (“There is no error in refusing to submit a theory not supported by any evidence.”). Furthermore, because the racial harassment claim was not within the scope of this case, the district court did not err in refusing to instruct the jury on agency based upon the claimed racial harassment by coemployees.

III. Conclusion

The district court did not err in refusing to instruct the jury on Tart’s claim of racial harassment and his agency theory. Accordingly, we affirm the judgment of the district court.

1

. The Honorable Steven N. Limbaugh, United States District Judge for the Eastern District of Missouri.