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Summary of differences between federal and state regulations
Arrest & conviction record inquiries
Applies to state agencies. Executive Order 2016-03.
Signed February 24, 2016, the order required state agencies to eliminate questions about convictions from employment applications. The order does not apply to positions for which a felony conviction would automatically disqualify the applicant per law.
Private employers may not inquire about sealed record information, nor may they deny employment based solely on the existence of such a record.
State
Contacts
Employer immunity from disclosure claims
Arrest record inquiries
Oklahoma Human Rights Commission
Oklahoma District Attorneys Council
Conviction record inquiries
Oklahoma Human Rights Commission
Oklahoma District Attorneys Council
Regulations
Employer immunity from disclosure claims
Oklahoma Statute 40-61, Disclosure of information by employer – presumption of good faith – immunity from liability
§40-171. Public service corporation to give letter to employee leaving service
Oklahoma Statute 40-172, Blacklisting
Arrest record inquiries
Oklahoma Statute Title 22, Section 19, Sealing and unsealing of records – procedure
Conviction record inquiries
Oklahoma Statute Title 22, Section 19, Sealing and unsealing of records – procedure
Federal
Contacts
Employer immunity from disclosure claims
None.
Arrest record inquiries
Equal Employment Opportunity Commission (EEOC)
Conviction record inquiries
Equal Employment Opportunity Commission (EEOC)
Regulations
Employer immunity from disclosure claims
None.
Arrest record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.
Conviction record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.