• 63 O.S. Sec. 1-728c.  Discrimination with Respect to Provision of Abortion Based on Religious Principles

Oklahoma Civil Rights Act

25 O.S. Sec. 1301 - Definitions.
In Sections 1101 through 1706 of this title:

1. "Employer" means a person who has fifteen or more employees for each working day in each of twenty(20) or more calendar weeks in the current or preceding calendar year, or a person who as a contractor or subcontractoris furnishing the material or performing work for the state or a governmental entity or agency of the state andincludes an agent of such a person but does not include an Indian tribe or a bona fide membership club not organizedfor profit;

2. "Employment agency" means a person regularly undertaking with or without compensation to procure employeesfor an employer or to procure for employees opportunities to work for an employer and includes an agent of sucha person;

3. "Labor organization" includes:

a. an organization of any kind, an agency or employee representation committee, group, association, or planin which employees participate and which exists for the purpose, in whole or in part, of dealing with employersconcerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment,

b. a conference, general committee, joint or system board, or joint council so engaged which is subordinate toa national or international labor organization, or

c. an agent of a labor organization;

4. "Handicapped person" means a person who has a physical or mental impairment which substantiallylimits one or more of such person's major life activities, has a record of such an impairment or is regarded ashaving such an impairment; and

5. "Age discrimination in employment" means discrimination in employment of persons who are at leastforty (40) years of age.

25 O.S. Sec. 1302 - Employers.

A. It is a discriminatory practice for an employer:

1. To fail or refuse to hire, to discharge, or otherwise to discriminate against an individual with respectto compensation or the terms, conditions, privileges or responsibilities of employment, because of race, color,religion, sex, national origin, age, or handicap unless such action is related to a bona fide occupational qualificationreasonably necessary to the normal operation of the employer's business or enterprise; or

2. To limit, segregate, or classify an employee in a way which would deprive or tend to deprive an individual ofemployment opportunities or otherwise adversely affect the status of an employee, because of race, color, religion,sex, national origin, age, or handicap unless such action is related to a bona fide occupational qualificationreasonably necessary to the normal operation of the employer's business or enterprise.

B. This section does not apply to the employment of an individual by his parents, spouse, or child or to employmentin the domestic service of the employer.

25 O.S. Sec. 1305 - Training Programs.

It is a discriminatory practice for an employer, labor organization, or joint labor-management committee controllingapprenticeship, on-the-job, or other training or retraining program, to discriminate against an individual becauseof race, color, religion, sex, national origin, age, or handicap, in admission to, or employment in, a programestablished to provide apprenticeship or other training.

25 O.S. Sec. 1306 - Other Discriminatory Practices.

It is a discriminatory practice for an employer, labor organization, or employment agency to print or publishor cause to be printed or published a notice or advertisement relating to employment by the employer or membershipin or a classification or referral for employment by the labor organization, or relating to a classification orreferral for employment by the employment agency, indicating a preference, limitation, specification, or discrimination,based on race, color, religion, sex, national origin, age, or handicap; but a notice or advertisement may indicatea preference, limitation, specification, or discrimination based on religion, sex, or national origin when religion,sex, or national origin is a bona fide occupational qualification for employment.

25 O.S. Sec. 1307 - Exemptions.
This chapter does not apply to a religious corporation, association, or society with respect to the employmentof individuals of a particular religion to perform work connected with the carrying on by the corporation, association,or society of its religious activities.

25 O.S. Sec. 1308 - Exceptions.

It is not a discriminatory practice:

1. For an employer to hire and employ an employee, or an employment agency to classify or refer for employmentan individual, for a labor organization to classify its membership or to classify or refer for employment an individual,or for an employer, labor organization, or joint labor-management committee controlling an apprenticeship or othertraining or retraining program to admit or employ an individual in the program, on the basis of his religion, sex,national origin, age, or a handicap if such action is related to a bona fide occupational qualification reasonablynecessary to the normal operation of the business or enterprise; or

2. For a school, college, university, or other educational institution to hire and employ an employee of a particularreligion if the school, college, university, or other educational institution is, in whole or substantial part,owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association,or society, or if the curriculum of the school, college, university, or other educational institution is directedtoward the propagation of a particular religion.

25 O.S. Sec. 1309 - Bona Fide Seniority or Merit System and Compulsory Retirement.

Notwithstanding any other provision of Sections 1101 through 1706 of this title, it is not a discriminatorypractice for an employer:

1. To apply different standards of compensation or different terms, conditions, privileges, or responsibilitiesof employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantityor quality of production or to employees who work in different locations, if the differences are not the resultof an intention to discriminate because of race, color, religion, sex, national origin, age, or handicap; or

2. To give and to act upon the results of a professionally-developed ability test if the test, its administration,or action upon the results is not designed, intended, or used to discriminate because of race, color, religion,sex, national origin, age, or handicap.

3. To require the compulsory retirement of any person who has attained the age of sixty-five (65) and who, forthe two-year period immediately before retirement, is employed in a bona fide executive or high policymaking position,if such person is entitled to an immediate nonforfeitable annual retirement benefit from a pension, profit-sharing,savings or deferred compensation plan, or any combination of such plans, of the employer, which equals, in theaggregate, at least Forty-four Thousand Dollars ($44,000).

25 O.S. Sec. 1310 - Imbalance.

Nothing contained in Sections 1101 through 1706 of this title requires an employer, employment agency, labororganization, or joint labor-management committee subject to Sections 1101 through 1706 of this title to grantpreferential treatment to an individual or to a group because of race, color, religion, sex, national origin, age,or handicap of the individual or group on account of an imbalance which may exist with respect to the total numberor percentage of persons of any race, color, religion, sex, national origin, age, or handicap employed by an employer,referred or classified for employment by an employment agency or labor organization, admitted to membership orclassified by a labor organization, or admitted to, or employed in, an apprenticeship, or other training or retrainingprogram, in comparison with the total number or percentage of persons of the race, color, religion, sex, nationalorigin, age, or handicapped persons in the state or a community, section, or other area, or in the available workforce in the state or a community, section, or other area. However, it is not a discriminatory practice for a personsubject to Sections 1101 through 1706 of this title to adopt and carry out a plan to eliminate or reduce imbalancewith respect to race, color, religion, sex, national origin, age, or handicap if the plan has been filed with theCommission under regulations of the Commission and the Commission has not disapproved the plan.

25 O.S. Sec. 1311 - Male and Female Employees.

Notwithstanding any other provision of this chapter, it shall not be an unlawful employment practice becauseof sex to differentiate in employment, compensation, terms, conditions or privileges of employment between maleand female employees if such differences are otherwise required or permitted by the laws of this state, or by theprovisions of Section 703 of the Federal Civil Rights Act of 1964, as amended, or by the provisions of Section6(d) of the Federal Fair Labor Standards Act of 1938, as amended; nor shall it be an unlawful employment practicebecause of sex for an employer, pursuant to a plan, to provide differences in annuity, death and survivors' benefitsbetween widows and widowers of employees.

Article 5. Human Rights Commission; Enforcement; Judicial Review
25 O.S. Sec. 1503 - Hearing.

A. After the Commission has completed its investigation and exhausted efforts of settlement, conciliation, andpersuasion, unless the Commission has issued an order dismissing the complaint or within thirty (30) days afteran application for review is filed under subsection C of Section 1502 of this title, the Commission shall serveon the respondent by certified mail a written notice, together with a copy of the complaint as it may have beenamended requiring the respondent to answer the allegations of the complaint at a hearing before a member of theCommission or hearing examiner designated by order of the Commission to decide the complaint, at a time and placespecified in the notice. A copy of the notice shall be furnished to the complainant and the Attorney General. Thenotice shall conform to and the hearing shall be conducted in accordance with the Oklahoma Administrative ProceduresAct. The decision must be approved in writing by a majority of the Commission.

B. A member of the Commission who investigated the complaint shall not preside at the hearing nor participate inthe subsequent deliberation of the Commission in deciding the case.

C. The respondent may file an answer with the Commission as prescribed by the rules of the Commission. The Commissionshall furnish a copy of the answer to the complainant and any other party to the proceeding. The Commission orthe complainant may amend a complaint and the respondent may amend an answer at any time prior to the issuanceof an order based on the complaint, but no order shall be issued unless the respondent has had the opportunityof a hearing on the complaint or amendment on which the order is based.

D. The case in support of the complaint shall be presented at the hearing by the Commission staff.

E. A respondent who has filed an answer or whose default in answering has been set aside for good cause shown mayappear at the hearing with or without representation, may examine and cross-examine witnesses and the complainant,and may offer evidence. The complainant or the Attorney General may intervene, examine and cross-examine witnesses,and may present evidence.

F. If the respondent fails to answer the complaint, the Commission may enter his default and the hearing shallproceed on the evidence in support of the complaint. The default may be set aside for good cause shown upon equitableterms and conditions.

G. Testimony taken at the hearing shall be under oath and preserved by either audio tape or transcription as determinedby the Commissioner or hearing examiner designated by order to hear the complaint; provided a party shall be ableto have the proceedings transcribed at such party's own cost. The Commission shall furnish transcripts of the hearingupon payment of the costs by such party requesting the transcripts. After the hearing, in its discretion, the Commissionupon notice to all parties affording an opportunity to be heard may take further evidence or hear argument.

H. The Commission shall abide by the provisions of this section in a discriminatory housing complaint only if anelection is not made pursuant to Section 20 of this act.

I. A hearing pursuant to this section may not continue regarding any alleged discriminatory housing practice afterthe beginning of the trial of a civil action commenced by the aggrieved person pursuant to federal or state lawseeking relief with respect to that discriminatory housing practice.

25 O.S. Sec. 1505 - Determination of Discriminatory Practice - Relief.

If the Commission upon final determination finds that an act of housing discrimination pursuant to Section 2of this act has been committed by a person holding a real estate license pursuant to state law, the Commissionwill certify its determination to the licensing agency. Unless such determination of discriminatory practice isreversed in the course of judicial review, a final determination is binding on the licensing agency. Such agencyshall take appropriate administrative action, including suspension or revocation of the license of the respondent.

25 O.S. Sec. 1507 - Inspection - Records.

(a) In connection with an investigation of a complaint filed under this act, the Commission or its designatedrepresentative shall have access at any reasonable time to premises, records and documents relevant to the complaintand the right to examine, photograph and copy evidence, in accordance with the Oklahoma Administrative ProceduresAct.

(b) The Commission, by regulation, shall require each person subject to this act which controls an apprenticeshipor other training program to keep all records reasonably necessary to carry out the purposes of this act, including,but not limited to, a list of applicants who wish to participate in such program, including the chronological orderin which applications were received, and shall furnish to the Commission, upon request, a detailed descriptionof the manner in which persons are selected to participate in the apprenticeship or other training programs.

(c) A person who believes that the application to him of a regulation or order issued under this section wouldresult in undue hardship may (1) apply to the Commission for an exemption from the application of the regulationor order or (2) bring an action for a declaratory judgment under 75 Oklahoma Statutes, Section 306, if appropriate,or may resist an enforcement application brought under 75 Oklahoma Statutes, Section 315(3).

(d) So as to avoid undue burden on persons subject to the act, records and reports required by the Commission underthis section shall conform as near as may be to similar records and reports required by federal law.

(e) It is unlawful for an officer or employee of the Commission to make public with respect to a particular personwithout his consent information obtained by the Commission pursuant to its authority under this section.

Other Discriminatory Practices
25 O.S. Sec. 1601 - Other Discriminatory Practices.
It is a discriminatory practice for a person, or for two or more persons to conspire,

(1) to retaliate or discriminate against a person because he has opposed a discriminatory practice, or becausehe has made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding,or hearing under this act;

(2) to aid, abet, incite, or coerce a person to engage in a discriminatory practice;

(3) willfully to interfere with the performance of a duty or the exercise of a power by the Commission or one ofits members or representatives; or

(4) willfully to obstruct or prevent a person from complying with the provisions of this act or an order issuedthereunder.

Oklahoma Personnel Act
74 O.S. Sec. 840-2.9 - Discrimination And Other Prohibited Acts.

A. No person in the state service, whether subject to the provisions of the Merit System or in unclassifiedservice, shall be appointed to or demoted or dismissed from any position in the state service, or in any way favoredor discriminated against with respect to employment in the state service because of political or religious opinionsor affiliations, race, creed, gender, color or national origin or by reason of any physical handicap so long asthe physical handicap does not render the employee unable to do the work for which he is employed. The hiring ofspecial disabled veterans pursuant to Sections 401 through 404 of Title 72 of the Oklahoma Statutes shall not constitutefavoritism as herein prohibited.

B. No person shall use or promise to use, directly or indirectly, any official authority or influence, whetherpossessed or anticipated, to secure or attempt to secure for any person an appointment or advantage in appointmentto a position in the classified service, or an increase in pay or other advantage in employment in any such position,for the purpose of influencing the vote or political action of any person, or for any consideration. Letters ofinquiry, recommendation and reference for public employees by public officials shall not be considered officialauthority or influence unless such letter contains a threat, intimidation, or irrelevant, derogatory or false information.

C. No person shall make any false statement, certificate, score, rating or report with regard to any test, certificationor appointment made under any provision of the Oklahoma Personnel Act or in any manner commit any fraud preventingthe implementation of the provisions of the Oklahoma Personnel Act and rules made pursuant thereto.

D. No employee, examiner or other person shall deny, deceive or obstruct any person in his or her right to examination,eligibility, certification or appointment or furnish to any person any special or secret information for the purposeof effecting the rights or prospects of any person with respect to employment in the classified service.

E. No person shall, directly or indirectly, give, render, pay, offer, solicit or accept any money, service or othervaluable consideration for or as a result of any appointment, proposed appointment, promotion or proposed promotionto or any advantage in, a position in the classified or unclassified service.

F. Alleged violation of this section shall be reported to the Oklahoma Merit Protection Commission.

Oklahoma Personnel Act
sSec. 840-4.12 - Promotional And Entrance Examinations - Persons With Severe Disabilities - Special DisabledVeterans - Optional Hiring Procedure For Affirmative Action Goals

A. The Administrator of the Office of Personnel Management shall be responsible for conducting promotional examinationsand entrance examinations as required under the Oklahoma Personnel Act. Such examinations shall be of such characteras to determine the qualifications, fitness and ability of the persons tested to perform the duties of the jobfamily or job family level for which such tests or examinations are given. Provided, however, tests and examinationsof persons with severe disabilities who have satisfactorily completed vocational and technical education coursesin vocational training units or divisions approved by the Department of Rehabilitation Services shall be limitedin scope so as to relate to the skill and physical capability required for a particular position. Adequate publicnotice shall be given of all examinations except for promotion within a department or agency. Notwithstanding anyother provision of law, the Administrator may keep confidential all promotional examinations, entrance examinations,and any other testing materials, but the Administrator shall be required to disclose them pursuant to a valid orderfrom a court of competent jurisdiction and establishment of a protective order prohibiting public disclosure ofthe examinations and materials.

B. No person shall be required to take an entrance examination for an appointment to a job family level requiringlicensing by a state agency if that person has been previously tested and is currently licensed by the State ofOklahoma.

C. Promotional examinations for promotion within an agency, unless requested by the agency, shall not be required;provided that the promotion is in accordance with a plan adopted by the Administrator and is in accordance witha plan adopted by the promoting agency. Every employee promoted within an agency shall serve a six-month trialperiod in the job level to which the employee is promoted, unless the trial period is waived, in writing, by theappointing authority. At any time during a trial period, the appointing authority may return the employee to thelevel from which the employee was promoted upon written notification by the appointing authority to the employeeas to such action and the reason therefor, and the employee shall not have the right to appeal.

D. The Administrator shall accept Certificates of Proficiency issued by accredited private or public schools, collegesor the Oklahoma Employment Security Commission in lieu of typing and shorthand tests.

E. The Office of Personnel Management shall certify that a candidate meets the necessary job qualifications fora job family level in the classified service for the purpose of allowing that candidate to be appointed to a job.The Administrator of the Office of Personnel Management may delegate the certification function provided by thissection to an agency pursuant to subsection E of Section 840-1.15 of this title. Any statute which creates anyposition or qualifications for any position in the classified service shall not be construed to limit the powerof the Administrator to interpret or add to those qualifications in a reasonable manner consistent with the intentof the Legislature and the duties of that position. Any statute which empowers any agency head or other employerto hire or nominate persons for employment within the classified service shall not be construed to empower thatagency head or other employer to waive or modify any qualification or rule for employment established by the Administrator.The Administrator shall not be construed to have the authority to limit or reduce any qualification establishedby statute for any position. The constructions established herein shall apply to any statutes or positions heretoforeor hereafter created unless that statute clearly and specifically states that such constructions do not apply.

F. Subsections A through E of this section shall not apply to special disabled veterans who are considered foremployment under the provisions of Sections 401 through 404 of Title 72 of the Oklahoma Statutes. Provided, saidveterans may elect instead to be considered for employment according to the procedures set out in subsections Athrough E of this section.

G. Subsections A through E of this section shall not apply to persons with severe disabilities who are consideredfor employment under the provisions of this subsection. Provided, said persons may elect instead to be consideredfor employment according to the procedures set out in subsections A through E of this section.

1. As used in this subsection "persons with severe disabilities" means persons certified as havingdisabilities according to standards and procedures established by the Administrator. Said standards and proceduresshall be developed by the Administrator of the Office of Personnel Management with the assistance of the Officeof Handicapped Concerns, and the Department of Rehabilitation Services.

2. Agencies of this state may employ persons with severe disabilities who are legal residents of the state in competitiveand noncompetitive jobs. Except for the requirement of minimum qualifications specified in applicable job specifications,such persons with disabilities shall be exempt from entrance examinations and hiring procedures administered bythe Office of Personnel Management pursuant to this section and Section 840-4.13 of this title.

3. Persons with severe disabilities hired pursuant to this subsection shall be appointed for a probationary periodpursuant to Section 840-4.13 of this title.

4. Persons with severe disabilities hired pursuant to this subsection shall be subject to the rules of the Administratorof the Office of Personnel Management.

5. The Office of Personnel Management shall maintain records regarding the employment of persons with severe disabilitiesby state agencies and shall report the number of persons so employed in its annual report for the Office of PersonnelManagement required by Section 840-1.6A of this title.

H.

1. This subsection shall be known and may be cited as the "Fair Employment Practices Act".

2. Agencies of this state may use the optional hiring procedure provided in this subsection to employ females,blacks, Hispanics, Asian/Pacific Islanders and American Indians/Alaskan natives, as defined by the Equal EmploymentOpportunity Commission, who are legal residents of the state in competitive and noncompetitive jobs. Individualsmust meet the minimum qualifications and pass any required examinations established by the Office of PersonnelManagement or by statute. Except for any required examinations and minimum qualifications specified in applicablejob specifications, such persons shall be exempt from the hiring procedures administered by the Office of PersonnelManagement. Persons may only be employed under this subsection in a job family level, group or category which hasbeen identified as underutilized and in which an appropriate hiring goal has been set in the state agency's affirmativeaction plan approved by the Office of Personnel Management pursuant to the provisions of Section 840-2.1 of thistitle. In addition, the appointing authority of the employing agency must determine that a manifest imbalance existswhich justifies remedial action pursuant to this subsection in order to reach the affirmative action hiring goal.Provided further, that eligible war veterans, as defined by Section 67.13a of Title 72 of the Oklahoma Statutes,who are members of the group for which a hiring goal has been set shall be considered by the employing agency beforea nonveteran is appointed pursuant to this subsection.

3. To be eligible for appointment, the persons who are members of the group for which a hiring goal has been setmust score within the top ten scores of other available members of said group based on any examination or ratingof education and experience.

4. Persons hired pursuant to this subsection shall be appointed for a probationary period pursuant to Section 840-4.13of this title.

5. Upon acquiring permanent status, the employee shall be subject to the rules and regulations of the Office ofPersonnel Management and to full rights and entitlements of state employees in the classified service.

6. The authority for an agency to make appointments pursuant to this subsection shall be temporary and shall ceasewhen the appointing authority of an agency can no longer justify remedial action pursuant to this subsection.

7. The Office of Personnel Management shall maintain records regarding the employment of persons by state agenciespursuant to this subsection and shall report the number of persons so employed in its annual report for the Officeof Personnel Management required by Section 840-1.6A of this title.

74 O.S. Section 840-4.14.  Veteran Hiring Preference Requirements.
 
A.  In establishing employment lists of eligible persons for competitive and noncompetitive appointment, certain preferences shall be allowed for honorably discharged veterans as defined by Section 67.13a and Section 67.13b of Title 72 of the Oklahoma Statutes.  In determination of the register rank:


1.  Five points shall be added to the final grade of any person who has passed the examination and has submitted proof of having status as a veteran or unremarried surviving spouse of a veteran;


2.  Five points shall be added to the final grade of any person who has passed the examination and has submitted proof of having status as a spouse of a veteran who is unemployable due to a service-connected disability as certified by the Department of Veterans  Affairs or agency of the Defense Department within six (6) months of date of application; and


3.  Ten points shall be added to the final grade of any veteran who has passed the examination and has submitted proof of having a service-connected disability as certified by the Department of Veterans Affairs or agency of the Defense Department within six (6) months of date of application.  Such veterans’ names shall be placed at the top of the register in accordance with their numerical rating if in receipt of benefits payable at the rate of thirty percent (30%) or more and such veterans shall not be denied employment and passed over for other veterans or nonveterans, without showing cause.  Acceptable cause shall include a reasonable expectation of the inability of the preferenced applicant to satisfactorily perform at the required level of the position and shall be reviewed in each instance by the Administrator of the Office of Personnel Management.  If the Administrator finds that acceptable cause for the denial of employment to the preferenced applicant does not exist, the appointing authority shall be required to hire the preferenced applicant.  The position shall not be permanently filled until the Administrator has issued his findings.


B.  War veterans, as defined by Section 67.13a of Title 72 of the Oklahoma Statutes, who have been awarded the Purple Heart or have a service-incurred disability rated by the Department of Veterans Affairs or a branch of the Armed Forces of the United States and who have been a resident of Oklahoma for at least one (1) year prior to the date of the examination, shall be authorized to open any closed register established by the Merit System of Personnel Administration.


C.  Subsection A of this section shall not apply to special disabled veterans who are considered for employment under the provisions of Sections 401 through 404 of Title 72 of the Oklahoma Statutes.  Provided, said veterans may elect instead to be considered for employment according to the procedures set out in this section.


D.  In addition to the points added to the final grade of any eligible veteran pursuant to subsection A of this section, any veteran who meets the basic qualifications for a position shall be interviewed in person in order to allow the veteran to demonstrate any transferable skills acquired in military service. [Effective 11/1/2012]

It is hereby prohibited for any department or agency of the State of Oklahoma, or any official or employeeof the same for and on behalf of the State of Oklahoma: to refuse to employ or to discharge any person, otherwisequalified, on account of race, color, creed, national origin, age, handicap, or ancestry; to discriminate for thesame reasons in regard to tenure, terms, or conditions of employment; to deny promotion or increase in compensationsolely for these reasons; to publish an offer of employment based on such discrimination; to adopt or enforce anyrule or employment policy which so discriminates as to any employee; or to seek such information as to any applicantor employee or to discriminate in the selection of personnel for training solely on such basis. These provisionsshall be cumulative and in addition to existing laws relating to discrimination in the classified service.

It shall be the duty of the Ethics and Merit Commission to investigate, upon its own initiative, upon complaintfiled by any aggrieved person, or upon complaint filed by the Human Rights Commission, any violation of this sectionand to enforce compliance with the same, both in the classified and the nonclassified service. The Human RightsCommission shall investigate, upon its own initiative or on complaint filed with it, any such violation and mayfile a formal complaint with the Ethics and Merit Commission. When any complaint is filed by the Human Rights Commissionwith the Ethics and Merit Commission, the Ethics and Merit Commission shall set a hearing on the same, at whichhearing the Director of the Human Rights Commission, or his representative, may appear and present the findingof the Commission in regard to such violation. In the enforcement of this section, the Ethics and Merit Commissionshall follow the provisions of existing laws relating to hearings, procedures and notices, and shall have powerto enforce its orders pertaining to violations of this section as is provided by law in regard to the classifiedservice.

Tobacco Use Discrimination

40 O.S. Sec. 500. It shall be unlawful for an employer:

1. Discharge any individual, or otherwise disadvantage any individual, with respect to compensation, terms,conditions or privileges of employment because the individual is a nonsmoker or smokes or uses tobacco productsduring nonworking hours; or

2. Require as a condition of employment that any employee or applicant for employment abstain from smoking or usingtobacco products during nonworking hours.

Genetic Nondiscrimination in Employment Act

36 O.S. Sec. 3614.2.

A. This section shall be known and may be cited as the "Genetic Nondiscrimination in Employment Act".

B. For purposes of the Genetic Nondiscrimination in Employment Act:

1. "DNA" means deoxyribonucleic acid;

2. "Employer" means employer as such term is defined in Section 3(d) of the Fair Labor Standards Actof 1938, 29 U.S.C., Section 203(d);

3. "Genetic information" means information derived from the results of a genetic test. Genetic informationshall not include family history, the results of a routine physical examination or test, the results of a chemical,blood or urine analysis, the results of a test to determine drug use, the results of a test for the presence ofthe human immunodeficiency virus, or the results of any other test commonly accepted in clinical practice at thetime it is ordered by the insurer;

4. "Genetic test" means a laboratory test of the DNA, RNA, or chromosomes of an individual for the purposeof identifying the presence or absence of inherited alterations in the DNA, RNA, or chromosomes that cause a predispositionfor a clinically recognized disease or disorder. "Genetic test" shall not include:

a. a routine physical examination or a routine test performed as a part of a physical examination,

b. a chemical, blood, or urine analysis,

c. a test to determine drug use,

d. a test for the presence of the human immunodeficiency virus, or

e. any other test commonly accepted in clinical practice at the time it is ordered by the insurer; and

5. "RNA" means ribonucleic acid.

C. For purposes of distinguishing between or discriminating against or restricting any right or benefit otherwisedue or available to an employee or prospective employee, other than in connection with the determination of insurancecoverage or benefits, no employer shall:

1. Seek to obtain, or use a genetic test or genetic information of the employee or the prospective employee;or

2. Require a genetic test of or require genetic information from the employee or prospective employee.

D. Any employer violating the provisions of this section, upon conviction thereof, shall be guilty of a misdemeanorand may be punished by a fine of not more than Twenty-five Thousand Dollars ($25,000.00) or by imprisonment inthe county jail for not more than one (1) year, or by both fine and imprisonment.

E. Notwithstanding any language in this section to the contrary, this section shall not apply to an insurer orto an individual or third-party dealing with an insurer in the ordinary course of underwriting, conducting, oradministering the business of life, disability income, or long-term care insurance, including, but not limitedto, actions taken by an insurer or to an individual or third-party dealing with an insurer in connection with life,disability income, or long-term care insurance made available by an employer to its employees.

36 O.S. Sec. 3614.3. Confidentiality of information.

A. No person who maintains genetic information shall be compelled to disclose such information pursuant to arequest for compulsory disclosure in any judicial, legislative, or administrative proceeding, unless:

1. The request for compulsory disclosure is in accordance with court-ordered paternity testing in a civil actionto determine paternity;

2. The individual whose genetic information is requested is a party to the proceeding and the genetic informationis at issue;

3. The individual whose genetic information was requested was insured under an insurance policy and the policyas well as the genetic information is at issue; or

4. The genetic information is for use in a law enforcement proceeding or investigation or in instances where aninsurer anticipates or is reporting fraud or criminal activity.

B. Notwithstanding any language in this section to the contrary, this section shall not apply to an insurer orto an individual or third-party dealing with an insurer in the ordinary course of underwriting, conducting, oradministering the business of life, disability income, or long-term care insurance or in connection with any judicial,legislative or administrative proceeding relating to life, disability income or long-term care insurance. Nothingin this section is intended to govern an insurer or to govern an individual or third-party dealing with an insurerin connection with the obtaining, maintaining, use, disclosure, or redisclosure of genetic information or the resultsof a genetic test in connection with life, disability income or long-term care insurance or in connection withany judicial, legislative, or administrative proceeding relating to life, disability income or long-term care insurance.

Equal Pay

40 O.S. Sec. 198.1. Wage discrimination based on employee's sex .

It shall be unlawful for any employer within the State of Oklahoma to willfully pay wages to women employeesat a rate less than the rate at which he pays any employee of the opposite sex for comparable work on jobs whichhave comparable requirements relating to skill, effort and responsibility, except where such payment is made pursuantto a seniority system; a merit system; a system which measures earnings by quantity or quality of production; ora differential based on any factor other than sex.

40 O.S. Sec. 198.2. Enforcement.

It shall be the duty of the Commissioner of Labor to enforce the provisions of this act. Whenever the Commissioneris informed of any violations thereof, it shall be his duty to investigate same and, in his discretion, said Commissioneris hereby authorized to institute proceedings for the enforcement of penalties herein provided before any courtof competent jurisdiction. Any employer who violates the provisions of this act shall be deemed guilty of a misdemeanorand shall upon conviction thereof, be punished by a fine of not less than Twenty-five Dollars ($25.00) nor morethan One Hundred Dollars ($100.000).

Discrimination Against Military Service Personnel

Sec. 208.[Military personnel; Prohibited discrimination].

No person shall discriminate against any officer or enlisted man of the National Guard because of his membershiptherein. No person shall prohibit or refuse entrance to any officer or enlisted man of the Army or Navy of theUnited States, or of the military forces of this state, into any public entertainment or place of amusement becausesuch officer or enlisted man is wearing a uniform of the organization to which he belongs. No employer, officeror agent of any corporation, company, firm or other person, shall discharge any person from employment becauseof being an officer, warrant officer or enlisted man of the military forces of the state, or hinder or preventhim from performing any military service he may be called upon to perform by proper authority, in respect to hisemployment, trade or business. Any person violating any of the provisions of this section, shall be punished bya fine of not to exceed One Hundred Dollars ($100.00), or by imprisonment in the county jail for a period of notto exceed thirty (30) days, or by both such fine and imprisonment.