reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 11 - Interpretive Guidelines on Discrimination Because of Age › Section 335:15-11-1 - Amendment to Act adding age as a protected classification

Current through Vol. 41, No. 20, July 1, 2024
In November 1985, Title 25, Oklahoma Statutes, supra, was amended (HB #1081) to add age as a classification of discrimination along with the previously stated classifications of race, color, religion, sex, national origin, and handicap.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 11 - Interpretive Guidelines on Discrimination Because of Age › Section 335:15-11-2 - Age discrimination between employees in protected age bracket

Current through Vol. 41, No. 20, July 1, 2024
(a) It is unlawful in situations where this Act applies, for an employer to discriminate in hiring or in any other way by giving preference because of age between individuals within the 40-70 age bracket. Thus, if two people apply for the same position, and one is 42 and the other 52, the employer may not lawfully turn down either one on the basis of age, but must make such decision on the basis of some other factor.
(b) The extension of additional benefits, such as increased severance pay, to older employees within the protected age bracket may be lawful if an employer has a reasonable basis to conclude that those benefits will counteract problems related to age discrimination. The extension of those additional benefits may not be used as a means to accomplish practices otherwise prohibited by the Act.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 11 - Interpretive Guidelines on Discrimination Because of Age › Section 335:15-11-3 - Employment agency

Current through Vol. 41, No. 20, July 1, 2024
(a) As long as an employment agency regularly procures employees for at least one covered employer, it qualifies under section 1303 of the Act as an employment agency with respect to all of its activities whether or not such activities are for employers covered by the Act.
(b) The prohibition of section 1303 of the Act apply not only to the referral activities of a covered employment agency, but also to the agency's own employment practices, regardless of the number of employees the agency may have.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 11 - Interpretive Guidelines on Discrimination Because of Age › Section 335:15-11-4 - Age discrimination in help wanted notices or advertisements

Current through Vol. 41, No. 20, July 1, 2024
(a) When help wanted notices or advertisements contain terms and phrases such as "age 25 to 35,', "young," "college student," "recent college graduate," "boy," "girl," or others of a similar nature, such a term or phrase deters the employment of older persons and is a violation of the Act, unless one of the exceptions applies. Such phrases as "age 40 to 50," "age over 65," "retired person," or "supplement your pension," discriminate against others within the protected group and, therefore, are prohibited unless one of the exceptions apply.
(b) The use of the phrase "state age" in help wanted notices or advertisements is not, in itself, a violation of the Act. But because the request that an applicant state his age may tend to deter older applicants or otherwise indicate discrimination based on age, employment notices or advertisements which include the phrase "state age," or any similar term, will be closely scrutinized to assure that the request is for a lawful purpose.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 11 - Interpretive Guidelines on Discrimination Because of Age › Section 335:15-11-5 - Age discrimination on employment applications

Current through Vol. 41, No. 20, July 1, 2024
A request on the part of an employer for information such as "Date of Birth" or "State Age" on an employment application form is because the request that an applicant state his age may tend to deter older applicants or otherwise indicate discrimination based on age, employment application forms which request such information will be closely scrutinized to assure that the request is for a permissible purpose and not for purposes proscribed by the Act. That the purpose is not one proscribed by the statute should be made known to the applicant, either by a reference on the application form to the statutory prohibition in language to the following effect: "Title 25, Oklahoma Statutes and the Federal Age of 1967 prohibit discrimination on the basis of age with respect to individuals who are at least 40 but less than 70 years of age," or by other means. The term "employment applications," refers to all written inquiries about employment or applications for employment or promotion including, but not limited to, resumes, or other summaries of the applicant's background. It relates not only to written pre-employment inquiries, or privileges of employment as specified in Article 3 of the Act.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 11 - Interpretive Guidelines on Discrimination Because of Age › Section 335:15-11-6 - Age as a bona fide occupational qualification

Current through Vol. 41, No. 20, July 1, 2024
(a) Whether occupational qualifications will be deemed to be "bona fide" to a specific job and "reasonably necessary to the normal operation of the particular business," will be determined on the basis of all the pertinent facts surrounding each particular situation. It is anticipated that this concept of a bona fide occupational qualification will have limited scope and application. Further, as this is an exception to the Act, it must be narrowly construed.
(b) An employer asserting a BFOQ defense has the burden of proving that:
(1) The age limit is reasonably necessary to the essence of the business, and either
(2) That all or substantially all individuals excluded from the job involved are in fact disqualified, or
(3) That some of the individuals so excluded possess a disqualifying trait that cannot be ascertained except by reference to age.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 11 - Interpretive Guidelines on Discrimination Because of Age › Section 335:15-11-7 - Bona fide seniority systems

Current through Vol. 41, No. 20, July 1, 2024
(a) Though a seniority system may be qualified by such factors as merit, capacity, or ability, any bona fide seniority system must be based on length of service as the primary criterion for the equitable allocation of available employment opportunities and prerogatives among younger and older workers.
(b) Adoption of a purported seniority system which gives those with longer service lesser rights, and results in discharge or less favored treatment to those within the protection of the Act, may, depending upon the circumstances, be a "subterfuge to evade the purposes" of the Act.
(c) Unless the essential terms and conditions of an alleged seniority system have been communicated to the affected employees and can be shown to be applied uniformly to all of those affected, regardless of age, it will not be considered a bona fide seniority system within the meaning of the Act.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 11 - Interpretive Guidelines on Discrimination Because of Age › Section 335:15-11-9 - Age limitations for apprenticeship programs

Current through Vol. 41, No. 20, July 1, 2024
Age limitations for entry into bona fide apprenticeship programs were not intended to be affected by Title 25 of the Oklahoma Statutes. Entry into most apprenticeship programs has traditionally been limited to youths under specified ages. This is in recognition of the fact that apprenticeship is an extension of the educational process to prepare young men and women for skilled employment.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 13 - Interpretive Guidelines on Employee Selection Procedures › Section 335:15-13-1 - Statement of purpose

Current through Vol. 41, No. 20, July 1, 2024
(a) The guidelines in this Subchapter are based on the belief that properly validated and standardized employee selection procedures can significantly contribute to the implementation of nondiscriminatory personnel policies as required by the Oklahoma Anti-Discrimination Act, Title 25, Oklahoma Statutes Section 1101 et seq., (referred to hereinafter in this Subchapter as the "Act"). It is also recognized that professionally developed tests, when used in conjunction with other tools of personnel assessment and complimented by sound programs of job design, may significantly aid in the development and maintenance of an efficient work force and, indeed, aid in the utilization and conservation of human resources generally.
(b) An examination of charges of discrimination filed with the Oklahoma Human Rights Commission (referred to hereinafter in this Subchapter as the "Commission"), and an evaluation of the results of the Commission's compliance activities has revealed a decided increase in total test usage and a marked increase in doubtful testing practices which, based on our experience, tend to have discriminatory effects. In many cases, persons have come to rely almost exclusively on tests as the basis for making the decision to hire, promote, grant membership, train, refer or retain, with the result that candidates are selected or rejected on the basis of a single test score. Where tests are so used, minority candidates frequently experience disproportionately high rates of rejection by failing to attain score levels that have been established as minimum standards for qualification.
(c) It has also become clear that in many instances, persons are using tests as the basis for employment decisions without evidence that they are valid predictors of employee job performance. Where evidence in support of presumed relationships between test performance and job behavior is lacking, the possibility of discrimination in the application of test results must be recognized. A test lacking demonstrated validity (i.e., having no known significant relationship to job behavior) and yielding lower scores for classes protected by the Act may result in the rejection of many who have necessary qualifications for successful work performance.
(d) The guidelines in this Subchapter are designed to serve as a workable set of standards for employers, unions and employment agencies in determining whether their selection procedures conform with the basic purposes of the elimination of discrimination in employment.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 13 - Interpretive Guidelines on Employee Selection Procedures › Section 335:15-13-2 - "Test" defined

Current through Vol. 41, No. 20, July 1, 2024
For the purpose of the guidelines in this Subchapter, the term "test" is defined as any paper-and-pencil or performance measure used as basis for any employment decision. The guidelines in this Subchapter apply, for example, to ability tests which are designed to measure eligibility for hire, transfer, promotion, membership, training, referral or retention.
(1) This definition includes, but is not restricted to:
(A) measures of general intelligence, mental ability and learning ability;
(B) specific intellectual abilities;
(C) mechanical, clerical and other aptitudes;
(D) dexterity and coordination;
(E) knowledge and proficiency;
(F) occupational and other interests; and
(G) attitudes, personality or temperament.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 13 - Interpretive Guidelines on Employee Selection Procedures › Section 335:15-13-3 - Discriminatory use of tests for hiring, promotion, or employment opportunities

Current through Vol. 41, No. 20, July 1, 2024
The use of any test which adversely affects hiring, promotion, or any other employment or membership opportunity of classes protected by the Act constitutes discrimination unless:
(1) The test has been validated and evidences a high degree of utility as hereinafter described and,
(2) The person giving or acting upon the results of the particular test can demonstrate that alternative suitable hiring, or promotion procedures are unavailable for his use.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 13 - Interpretive Guidelines on Employee Selection Procedures › Section 335:15-13-6 - Presentation of validation study of employee selection test

Current through Vol. 41, No. 20, July 1, 2024
The presentation of the results of a validation study of a test used for employee selection must include graphical and statistical representations of the relationships between the test and the criteria, permitting judgments of the test's utility in making predictions of future work behavior. (See 335:15-13-5(c) concerning assessing utility of a test.) Average scores for all tests and criteria must be reported for all relevant subgroups, including minority and non-minority groups where differential validation is required. Whenever statistical adjustments are made in validity results for less than perfect reliability or for restriction of score range in the test or the criterion, or both, the supporting evidence from the validation study must pe presented in detail. Furthermore, for each test that is to be established or continued as an operational employee selection instruction, as a result of the validation study, the minimum acceptable cut off (passing) score on the test must be reported. It is expected that each operational cut off score will be reasonable and consistent with normal expectations of proficiency within the work force or group on which the study was conducted.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 13 - Interpretive Guidelines on Employee Selection Procedures › Section 335:15-13-7 - Use of other validity studies for employee selection tests

Current through Vol. 41, No. 20, July 1, 2024
In cases where the validity of a test used for employee selection cannot be determined pursuant to Sections 335:15-13-4 and 335:15-13-5 (e.g., the number of subjects is less than that required for a technically adequate validation study, or an appropriate criterion measure cannot be developed), evidence from validity studies conducted in other organizations, such as that reported in test manuals and professional literature may be considered acceptable when:
(1) The studies pertain to jobs which are comparable (e.g., have basically the same task elements).
(2) There are no major differences in contextual variables or sample composition which are likely to significantly affect validity. Any person citing evidence from other validity studies as evidence of test validity for his own job must substantiate in detail job comparability and must demonstrate the absence of contextual or sample difference cited in (1) or (2) of this section.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 13 - Interpretive Guidelines on Employee Selection Procedures › Section 335:15-13-8 - Assumption of test validity limited

Current through Vol. 41, No. 20, July 1, 2024
(a) Under no circumstances will the general reputation of a test, its author or its publisher, or casual reports of test utility be accepted in lieu of evidence of validity. Specifically ruled out are:
(1) assumptions of validity based on test names or descriptive labels;
(2) all forms of promotional literature;
(3) data bearing on the frequency of a test's usage;
(4) testimonial statements of sellers, users, or consultations; and
(5) other nonempirical or anecdotal accounts of testing practices or testing outcomes.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 13 - Interpretive Guidelines on Employee Selection Procedures › Section 335:15-13-9 - Continued use of tests not fully validated as non-discriminatory

Current through Vol. 41, No. 20, July 1, 2024
Under certain conditions, a person may be permitted to continue the use of a test which is not at the moment fully supported by the required evidence of validity. If, for example, determination of criterion-related validity in a specific setting is practicable and required but not yet obtained, the use of the test may continue, provided:
(1) The person can cite substantial evidence of validity as described in Section 335:15-13-7.
(2) He has in progress validation procedures which are designed to produce, within a reasonable time, the additional data required. It is expected also that the person may have to alter or suspend test cut off scores so that score ranges broad enough to permit the identification of criterion-related validity will be obtained.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 13 - Interpretive Guidelines on Employee Selection Procedures › Section 335:15-13-10 - Testing by employment agencies and employment services

Current through Vol. 41, No. 20, July 1, 2024
(a) An employment service, including private employment agencies, State employment agencies, shall not make applicant or employee appraisals or referrals based on the results obtained from any psychological test or other selection standard not validated in accordance with this Subchapter.
(b) An employment agency or service which is requested by an employer or union to advise a testing program is required to follow the standards for test validation as set forth in this Subchapter. An employment service is not relieved of its obligation herein because the test user did not request such validation or has requested the use of some lesser standard than is provided in this Subchapter.
(c) Where an employment agency or service is requested only to administer a testing program which has been elsewhere devised, the employment agency or service shall request evidence of validation, as described in the guidelines in this section, before it administers the testing program and/or makes referral pursuant to the test results. The employment agency must furnish on request such evidence of validation. An employment agency or service will be expected to refuse to administer a test where the employer or union does not supply satisfactory evidence of validation. Reliance by the test user on the reputation of the test, its author, or the name of the test shall not be deemed sufficient evidence of validity (See Section 335:15-13-6 ). An employment agency or service may administer a testing program where the evidence of validity comports with the standards provided in Section 335:15-13-5.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 13 - Interpretive Guidelines on Employee Selection Procedures › Section 335:15-13-11 - Disparate treatment in employee selection

Current through Vol. 41, No. 20, July 1, 2024
The principle of disparate or unequal treatment must be distinguished from the concepts of test validation. A test or other employee selection standard-even though validated against job performance in accordance with the guidelines in this Subchapter-cannot be imposed upon any individual or class protected by the Act where other employees, applicants or members have not been subjected to that standard. Disparate treatment, for example, occurs where members of a minority, handicapped or sex group have been denied the same employment, promotion, or membership opportunities as have been made available to other employees or applicants. Those employees or applicants who have been denied equal treatment, because of prior discriminatory practices or policies, must at least be afforded the same opportunities as had existed for other employees or applicants during the period of discrimination. Thus, no new test or other employee selection standard can be imposed upon a class of individuals protected by the Act, who, but for prior discrimination, would have been granted the opportunity to qualify under less stringent selection standards previously in force.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 13 - Interpretive Guidelines on Employee Selection Procedures › Section 335:15-13-12 - Opportunity for retesting of "failed" employment candidates

Current through Vol. 41, No. 20, July 1, 2024
Employers, union, and employment agencies should provide an opportunity for retesting and reconsideration (of) earlier "failure" candidates who have availed themselves of more training or experience. In particular, if any applicant or employee during the course of an interview, or other employment procedure claims more education or experience, that individual should be retested.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 13 - Interpretive Guidelines on Employee Selection Procedures › Section 335:15-13-13 - Employee selection techniques other than testing

Current through Vol. 41, No. 20, July 1, 2024
Selection techniques other than tests, as defined in Section 335:15-13-2, may be improperly used so as to have the effect of discrimination against minority groups. Such techniques include, but are not restricted to, unscored or causal interviews and unscored application forms. Where there are data suggesting employment discrimination, the person may be called upon to present evidence concerning the validity of his unscored procedures as well as any types referred to in Sections 335:15-13-4 and 335:15-13-5. Data suggesting the possibility of discrimination exist, for example, when there are differential rates of applicant rejection from various minority and non-minority, handicap or sex groups for the same job or group of jobs or when there are disproportionate representations of minority and non-minority, handicap, or sex groups among present employees in different types of jobs. If the person is unable or unwilling to perform such validation studies, he has the option of adjusting employment procedures so as to eliminate the conditions suggestive of employment discrimination.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 13 - Interpretive Guidelines on Employee Selection Procedures › Section 335:15-13-14 - Testing of handicapped applicants or employees

Current through Vol. 41, No. 20, July 1, 2024
(a) An employer may not make use of any employment test or other selection criterion that screens out or tends to screen out handicapped persons or any class of handicapped person unless:
(1) The test score or other selection criterion, as used by the employer is shown to be job-related for the position in question, and
(2) Alternative job-related tests or criteria that do not screen out or tend to screen out as many handicapped persons are not known by the Director to be available.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 20 - Interpretive Guidelines on Housing Discrimination › Section 335:20-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules in this Chapter have been adopted to serve as interpretive guidelines on discrimination in housing under the Anti-Discrimination Act, Title 25 O.S. Section 1451 et seq.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 20 - Interpretive Guidelines on Housing Discrimination › Section 335:20-1-2 - Substantial equivalency to federal fair housing law

Current through Vol. 41, No. 20, July 1, 2024
Housing discrimination is unlawful in Oklahoma effective November 1, 1985, pursuant to HB 1243, 25 O.S. Supp. 1985 §1451 et seq. The Oklahoma Fair Housing Law was designed and model led after the federal fair housing law, Civil Rights Act of 1968, USC Title 42 § 3601-3619 ; §3631. Because of the similarity between the Oklahoma and federal law on fair housing, Oklahoma's Fair Housing Law has been found by the Department of Housing and Urban Development to be substantially equivalent to the federal law pursuant to 24 CFR part 115. As a substantially equivalent law to the federal fair housing law, the Oklahoma Human Rights Commission adopts case law interpretations of 42 USC §3601 et seq. which are substantially similar to provisions contained in Oklahoma's Fair Housing Law §1451 et seq. Provisions under the Oklahoma Fair Housing Law which are not included in the federal law but which have characteristics similar in intent to the federal law (i.e. eliminating unlawful housing discrimination) will also be interpreted based upon case law interpretation construing 42 USC §3601 et seq. For example, housing discrimination on the basis of "age" and "handicap" are not authorized under §3601 et seq., but they are proscribed under Oklahoma's §1452 et seq. The Oklahoma Human Rights Commission will apply interpretations of housing discrimination under §3601 et seq. to construe housing discrimination complaints based upon "age" and "handicap". The rationale for this approach is to ensure that fair housing discrimination complaint processing on the basis of "age" and "handicap" are consistent and uniform with both federal and Oklahoma law relevant to fair housing discrimination as it applied to other protected classes, such as, race, color, sex, religion and national origin.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 20 - Interpretive Guidelines on Housing Discrimination › Section 335:20-1-3 - Discriminatory housing practices

Current through Vol. 41, No. 20, July 1, 2024
(a) It is a discriminatory housing practice to
refuse to sell or rent after the making of a bona fide offer or to refuse to negotiate for the sale or rental of any housing or otherwise make unavailable or deny any housing
. [25 O.S. Section 1452.1 ] This provision is identical to Title VIII of the Civil Rights Act of 1968, 42 USC §3604(a).
(b) The "otherwise make unavailable or deny" language in (a) of this Section is a "catchall" as broad as Congress could have made it.
All practices which would have the effect of denying housing on prohibited grounds are therefore unlawful
. ["U.S. v. Youritan Construction Co.", 370 F. Supp. 643 (N.D. California 1973) 1 E.O.H. 13, 582, modified as to relief and aff'd 509 f.2d 623 (9th Cir. 1975), 1 E.O.H. 13,695].
(c) "Youritan Construction Co." supra, construed 42 USC §3604(a) to apply to racially derogatory remarks to fellow and subordinate employees toward apartment applicants of a particular race, because such remarks could reasonably be expected to adversely affect the racial opportunities of applicants. The fair housing law prohibits not only overt racial rejection of applicants, but subtle behavior as well. The imposition of more burdensome application procedures, delay tactics, and various forms of discouragement by resident managers and rental agents constitutes a violation of section 3604(a). Id.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 20 - Interpretive Guidelines on Housing Discrimination › Section 335:20-1-4 - Steering

Current through Vol. 41, No. 20, July 1, 2024
Steering has been construed to be violative of 42 USC §3604(a).
Steering Blacks to a particular group of apartments in a complex effectively denies access to equal housing opportunities
. ["U.S. v. Mitchell" (CA5) No. 76-3880, decided 9-21-78, 1 E.O.H. 15,265, "Heights Community Congress v. Hilltop Realty" (CA 6 1985) 2OH 15,526].
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 20 - Interpretive Guidelines on Housing Discrimination › Section 335:20-1-5 - Recovery by non-protected home seekers

Current through Vol. 41, No. 20, July 1, 2024
A white apartment seeker is entitled to recover against a lessor for violations of the Fair Housing Act, because the lessor had made remarks showing a racial bias against Blacks. The court found the
conduct created a right of recovery on the part of the plaintiff, because she determined that she could not rent an apartment from an owner whom she perceived to be racially biased, believing that her ability to maintain interracial association would be impaired
. ["Haynes v. Copeland Realty" (DL, ND OH 1982) E.O.H. 15,457].
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 20 - Interpretive Guidelines on Housing Discrimination › Section 335:20-1-6 - Use of "testers" to discover housing discrimination

Current through Vol. 41, No. 20, July 1, 2024
(a) The courts have repeatedly approved and sanctioned the role of "testers" in racial discrimination cases. The Supreme Court has defined "testers" in the context of housing discrimination cases as
individuals who, without intent to rent or purchase a home or apartment, pose as renters or purchasers for the purpose of collecting evidence if unlawful steering practices.
["Havens Realty Corporation v. Coleman" 455 U.S. 373(1982) ].
(b) It is frequently difficult to develop proof in discrimination cases, and the evidence provided by testers is valuable, if not indispensable. It is surely regrettable that testers must mislead commercial landlords and home owners as to their real intentions to rent or buy housing. Nonetheless, we have long recognized that this requirement of deception was a relatively small price to pay to defeat racial discrimination. The evidence provided by testers both benefits unbiased landlords by quickly dispelling false claims of discrimination and is a major resource in society's continuing struggle to eliminate the subtle but deadly poison of racial discrimination. "Richardson v. Howard" (CA 7, 7-21-83) E.O.H. 15,462.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 20 - Interpretive Guidelines on Housing Discrimination › Section 335:20-1-7 - Establishment of prima facie case of fair housing discrimination

Current through Vol. 41, No. 20, July 1, 2024
(a) To establish a prima facie case of fair housing discrimination under both the federal fair housing law and under Oklahoma's Fair Housing Law, the following points of proof must be established:
(1) That the Plaintiff is a member of a protected class, i.e. race, color, religion, sex, national origin, age or handicap or familial status;
(2) That the Plaintiff applied for and was qualified to rent or purchase a certain property of housing;
(3) That the Plaintiff was rejected; and
(4) That the housing or rental opportunity remained available thereafter. ["Davis v. Mansards" 597 F. Supp. 334 (D.C. N.D. Ind. 1984), 3 E.O.H. 15,507, (Rental discrimination), "Phillips v. Hunter Trials Community Association" 685 f.2d 184, 190 (7th Cir. 1982) 1 E.O.H. 15,446 (Sale of property discrimination)].
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 20 - Interpretive Guidelines on Housing Discrimination › Section 335:20-1-8 - Protection of employee for compliance with fair housing law

Current through Vol. 41, No. 20, July 1, 2024
It is a discriminatory practice to discharge or demote an employee or agent because of obedience of said employee to the provisions of the Fair Housing Law
. [25 O.S. Section 1452.10 ]. Similarly, in "Tokaji v. Toth" (D.C. N.D. Ohio 1974) 1 E.Q.H. 13,679, the Court refused to dismiss a suit against a landlord who evicted the managers of an apartment building he owned when they declined to follow his policy off not renting apartments to Blacks. The Plaintiff had a right to sue under §3617 of the Federal Fair Housing Act which makes it unlawful to intimidate a person who aids others in the exercise of their rights under the Act.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 20 - Interpretive Guidelines on Housing Discrimination › Section 335:20-1-9 - Authority for determining exempt status of state and federal programs for older persons

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma Human Rights Commission shall determine a state or federal program to be specifically designed and operated to assist elderly persons pursuant to a state or federal program only if the U. S. Department of Housing and Urban Development (HUD) has already determined the program to be specifically designed and operated to assist elderly persons.
Added at 9 Ok Reg 3743, eff 8-27-92
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 20 - Interpretive Guidelines on Housing Discrimination › Section 335:20-1-10 - Requirement for 55 or over housing exemption

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma Human Rights Commission shall determine a housing facility to be exempt housing for older persons age 55 years or older only where all of the following requirements are satisfied:
(1) The housing facility provides significant facilities and services specifically to meet the physical or social needs of older persons.
(2) At least 80% of the units in the housing are occupied by at least one person 55 years of age or older per unit.
(3) The owner or manager publishes and adheres to policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.
Added at 9 Ok Reg 3743, eff 8-27-92
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 20 - Interpretive Guidelines on Housing Discrimination › Section 335:20-1-11 - Time period to commence proceeding on housing complaint

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma Human Rights Commission shall commence proceeding with respect to a housing discrimination complaint before the end of the 30th day after receipt of the complaint.
Added at 9 Ok Reg 3743, eff 8-27-92
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 20 - Interpretive Guidelines on Housing Discrimination › Section 335:20-1-12 - Time period for final administrative disposition of complaint

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma Human Rights Commission shall make final administrative disposition of a housing discrimination complaint in all cases within one year of the date of receipt of the complaint, unless it is impractical to do so.
Added at 9 Ok Reg 3743, eff 8-27-92
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 20 - Interpretive Guidelines on Housing Discrimination › Section 335:20-1-13 - Disclosure or post-charge conciliation agreements

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma Human Rights Commission shall disclose the terms of all post-charge conciliation agreements to the U. S. Department of Housing and Urban Development (HUD) where the complainant and respondent do not agree to public disclosure.
Added at 9 Ok Reg 3743, eff 8-27-92
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 20 - Interpretive Guidelines on Housing Discrimination › Section 335:20-1-14 - Processing of housing discrimination complaints involving coercion, threats, intimidation, or interference

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma Human Rights Commission shall process housing discrimination complaints involving coercion, threats, intimidation, or interference in accordance with the same procedures for processing other discrimination housing practices as described in Title 25 O.S. Section 1101 et. seq.
Added at 9 Ok Reg 3743, eff 8-27-92
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 20 - Interpretive Guidelines on Housing Discrimination › Section 335:20-1-15 - Attorney fees and assessment of costs

Current through Vol. 41, No. 20, July 1, 2024
In a civil action or administrative proceeding, the complainant may be liable for reasonable attorney fees or costs only where the complainant intervenes in the administrative proceeding or civil action and only where such intervention was frivolous or vexatious, or was for the purpose of harassment.
Added at 9 Ok Reg 3743, eff 8-27-92; Amended at 10 Ok Reg 4247, eff 8-26-93
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 25 - Procedures for Filing Racial Profiling Complaints › Section 335:25-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules in this chapter have been adopted to describe the procedures for filing a racial profiling complaint with the Commission and with the district attorney. These rules have also been adopted to describe the process for delivering a copy of the complaint to the employing agency.
Added at 18 Ok Reg 663, eff 12-28-00 (emergency); Added at 18 Ok Reg 3195, eff 7-26-01
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 25 - Procedures for Filing Racial Profiling Complaints › Section 335:25-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:
"Commission"
means the Oklahoma Human Rights Commission.
"Commission form"
means "Form RPOHRC" that the Commission promulgated for filing a racial profiling complaint.
"District attorney"
means the district attorney for the county where the alleged racial profiling occurred.
"Employing agency"
means the municipal, county or state law enforcement agency where the officer accused of racial profiling was employed when the alleged conduct occurred.
"Officer"
means any officer of any municipal, county or state law enforcement agency.
"Racial profiling"
means the detention, interdiction, or other disparate treatment of an individual solely on the basis of the racial or ethnic status of such individual. [22 O.S.Supp.2000, Section 34.3 (A)].
Added at 18 Ok Reg 663, eff 12-28-00 (emergency); Added at 18 Ok Reg 3195, eff 7-26-01
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 25 - Procedures for Filing Racial Profiling Complaints › Section 335:25-1-3 - Law enforcement officers prohibited from engaging in racial profiling

Current through Vol. 41, No. 20, July 1, 2024
No officer of any municipal, county or state law enforcement agency shall engage in racial profiling.
[22 O.S.Supp.2000, Section 34.3 (B)].
Added at 18 Ok Reg 663, eff 12-28-00 (emergency); Added at 18 Ok Reg 3195, eff 7-26-01
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 25 - Procedures for Filing Racial Profiling Complaints › Section 335:25-1-4 - Complaints

Current through Vol. 41, No. 20, July 1, 2024
(a)
Complaint form.
A racial profiling complaint may be filed onCommission Form RPOHRC.
(b)
Persons who may file complaint.
Any person who was stopped or arrested by an officer and believes the stop or arrest was racial profiling may file a complaint.
(c)
Place to file complaint.
A complaint may be filed with the Commission, and also with the district attorney.
(d)
Method of filing complaint.
A complaint may be filed with the Commission and with the district attorney by completing Commission Form RPOHRC. A complainant who also desires for his/her complaint to be filed with the district attorney shall indicate the same by checking the appropriate box on the Commission form. The complainant or his/her representative shall sign and date the form upon completion and deliver it to the Commission. A complaint may be delivered to the Commission by mail or it may be personally delivered.
(e)
Date filed with the Commission.
The file date for a complaint delivered to the Commission by mail is the date postmarked. The file date for a complaint personally delivered to the Commission is the date received by the Commission.
(f)
Date filed with the Commission and the district attorney.
The file date for a complaint delivered to the Commission by mail and filed with the Commission and the district attorney is the date postmarked. The file date for a complaint personally delivered to the Commission and filed with the Commission and the district attorney is the date received by the Commission.
Added at 18 Ok Reg 663, eff 12-28-00 (emergency); Added at 18 Ok Reg 3195, eff 7-26-01
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 25 - Procedures for Filing Racial Profiling Complaints › Section 335:25-1-5 - Time period and method for delivering Complaint to the district attorney

Current through Vol. 41, No. 20, July 1, 2024
Within five (5) working days after receipt of a complaint filed with the district attorney, the Commission shall send a copy of the complaint by certified mail to the district attorney.
Added at 18 Ok Reg 663, eff 12-28-00 (emergency); Added at 18 Ok Reg 3195, eff 7-26-01
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 25 - Procedures for Filing Racial Profiling Complaints › Section 335:25-1-6 - Time and method for Commission delivery of complaint to employing agency

Current through Vol. 41, No. 20, July 1, 2024
Within five (5) working days after receipt of a complaint filed with the Commission or filed with the Commission and the district attorney, the Commission shall send a copy of the complaint by certified mail to the employing agency for investigation.
Added at 18 Ok Reg 663, eff 12-28-00 (emergency); Added at 18 Ok Reg 3195, eff 7-26-01
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 25 - Procedures for Filing Racial Profiling Complaints › Section 335:25-1-7 - Annual report

Current through Vol. 41, No. 20, July 1, 2024
The Commission shall compile an annual report of all complaints received for racial profiling. The Commission shall submit the report on or before January 31 of each year to the Governor, President Pro Tempore of the Senate, and the Speaker of the House of Representatives. [22 O.S.Supp.2000, Section 34.5(B)].
Added at 18 Ok Reg 663, eff 12-28-00 (emergency); Added at 18 Ok Reg 3195, eff 7-26-01
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 1 - Function and Structure of the Oklahoma Department of Human Services › Subchapter 1 - General Provisions › Section 340:1-1-1 - Purpose, legal basis, and Director of Human Services (Director)

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose.
This Subchapter describes the Oklahoma Human Services
				(OKDHS) organizational structure and function and includes the legal basis and
				other rules governing OKDHS operations.
(b)
Legal basis.
The Director's
				position and duties are authorized by and described in Section
				162
				of Title 56 of the Oklahoma Statutes. OKDHS responsibilities, and the
				Director's authority to ensure those responsibilities are carried out, is found
				in the Oklahoma Statutes.
(c)
Director of Human Services.
The Director serves, at the pleasure
				of the Governor with Senate confirmation, as Oklahoma Human Services (OKDHS)
				chief executive and administrative officer. The Director is responsible for the
				daily direction of the activities necessary for OKDHS to accomplish its
				mission.
(d)
Organizational
				chart.
OKDHS is organized as the Director deems appropriate to achieve
				the OKDHS mission. OKDHS Administrative Services provides organizational charts
				upon request.
Amended at 16 Ok Reg 1006, eff 4-26-99 ; Amended at 21 Ok
					 Reg 1337, eff 5-27-04 ; Amended at 30 Ok Reg 1329, eff
					 7-1-13
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 1 - Function and Structure of the Oklahoma Department of Human Services › Subchapter 1 - General Provisions › Section 340:1-1-2 - Legal basis [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 13 Ok Reg 421, eff 11-14-95 (emergency) ;
					 Amended at 13 Ok Reg 2165, eff 6-14-96 ; Amended at 16 Ok Reg 1006, eff 4-26-99
					 ; Amended at 30 Ok Reg 1329, eff
					 7-1-13
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 1 - Function and Structure of the Oklahoma Department of Human Services › Subchapter 1 - General Provisions › Section 340:1-1-3 - The Commission for Human Services [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 16 Ok Reg 1006, eff 4-26-99 ; Revoked at 30 Ok
					 Reg 1329, eff 7-1-13
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 1 - Function and Structure of the Oklahoma Department of Human Services › Subchapter 1 - General Provisions › Section 340:1-1-4 - Director of Human Services [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 16 Ok Reg 1006, eff 4-26-99 ; Amended at 22 Ok
					 Reg 761, eff 5-12-05 ; Amended at 30 Ok Reg 1329, eff
					 7-1-13
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 1 - Function and Structure of the Oklahoma Department of Human Services › Subchapter 1 - General Provisions › Section 340:1-1-5 - The Deputy Director [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 16 Ok Reg
				  1006, eff 4-26-99
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 1 - Function and Structure of the Oklahoma Department of Human Services › Subchapter 1 - General Provisions › Section 340:1-1-6 - External Relations [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 16 Ok Reg
				  1006, eff 4-26-99
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 1 - Function and Structure of the Oklahoma Department of Human Services › Subchapter 1 - General Provisions › Section 340:1-1-7 - The Office of General Counsel [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 16 Ok Reg
				  1006, eff 4-26-99
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 1 - Function and Structure of the Oklahoma Department of Human Services › Subchapter 1 - General Provisions › Section 340:1-1-8 - The Office of Policy Analysis [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 16 Ok Reg
				  1006, eff 4-26-99
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 1 - Function and Structure of the Oklahoma Department of Human Services › Subchapter 1 - General Provisions › Section 340:1-1-9 - Office of Client Advocacy [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 16 Ok Reg
				  1006, eff 4-26-99
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 1 - Function and Structure of the Oklahoma Department of Human Services › Subchapter 1 - General Provisions › Section 340:1-1-10 - Office of Administration [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 16 Ok Reg
				  1006, eff 4-26-99
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 1 - Function and Structure of the Oklahoma Department of Human Services › Subchapter 1 - General Provisions › Section 340:1-1-11 - Information services [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 16 Ok Reg
				  1006, eff 4-26-99