Federal & State Regulations | Discrimination - Other - Oklahoma

State Info

Summary of differences between federal and state regulations

The federally protected classes in employment discrimination include race, color, religion, national origin, age (40 and over), sex (including pregnancy, sexual orientation, and gender identity), disability, and genetic information.

The Oklahoma law identifies the following protected classes for purposes of employment discrimination:

Race,
Color,
Religion,
Sex (includes, but is not limited to, pregnancy, childbirth or related medical conditions),
National origin,
Age (40 or more),
Genetic information,
Disability (physical or mental impairment; unless the employer can demonstrate that accommodation for the disability would impose an undue hardship on the operation of the business of such employer).

Discrimination can be brought against an employer with one or more employees.

The state law allows a political subdivision to adopt and enforce ordinances which prohibit discrimination because of race, color, religion, sex, national origin, age, or handicap.

Genetic information

Under Oklahoma law, genetic information means information derived from the results of a genetic test. It does not include family history information or the results of:

A routine physical examination or test;
A chemical, blood or urine analysis;
A test to determine drug use;
A test for the presence of the human immunodeficiency virus; or
Any other test commonly accepted in clinical practice.

Smoking and tobacco use

State law also prohibits discrimination against individuals who smoke or use tobacco during nonworking hours.

It is unlawful for an employer to 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 products during nonworking hours; or to require as a condition of employment that any employee or applicant for employment abstain from smoking or using tobacco products during nonworking hours.

Child abuse or neglect reporting

Oklahoma also prohibits discrimination or retaliation against an employee (or other person) who in good faith provides child abuse reports or information, testifies, or is about to testify in any proceeding involving child abuse or neglect – provided, that the person did not perpetrate or inflict the abuse or neglect.