reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 10 - Enforcement of the Anti-Discrimination Act › Section 335:10-1-4 - Complaints

Current through Vol. 41, No. 20, July 1, 2024
(a)
Complaint form and content.
Complaints alleging discriminatory violations of Title 25, Oklahoma Statutes §
								1101 et seq., may be filed on the official form, and/or must, at a minimum, contain information sufficient to identify Complainant and Respondent, the alleged act of discrimination and the date it occurred. Complaints filed on the official U.S. Equal Employment Opportunity form and deferred to OERC, per § 706, Title VII, Civil Rights Act of 1964, will be accepted as alleging a violation of Title 25, supra. The Commission staff will insure that all complaints are sworn.
(b)
Method and date of filing.
Complaints may be filed in person or by mail at the Commission offices or with a member of the Commission or staff. Date of filing will be date of postmarked mailing, or date of delivery to offices or authorized persons.
(c)
Notice to respondents.
The Respondent will be furnished a copy of the complaint by certified mail or in person by a Commission Representative after a member of the Commission or staff has made a preliminary determination that the alleged act is one prohibited by the Anti-Discrimination Act and the Respondent is subject to the Act.
(d)
Complaints not covered under the Act.
Complaints alleging discriminatory acts not covered by its Anti-Discrimination Act may not be filed on the official form but may be otherwise brought to the attention of the Commission.
(e)
Complaints filed with federal agencies.
A complaint initially filed with the U.S. Equal Employment Opportunity Commission or the U.S. Department of Housing and Urban Development shall be considered to have been filed with the Commission on the date the matter was filed with the federal agency.
(f)
Complaints deferred by EEOC.
When an employment discrimination complaint, originally filed with EEOC, is deferred to the Oklahoma Human Rights Commission under the provisions of § 706, Title VII, CRA 1964, the Director or designee of Director will:
(1) Determine whether current staff resources, workload, and the nature of the complaint can complete the investigation within a reasonable period of time.
(2) If the answer to (1) of this subsection is yes, immediately advise EEOC that the Oklahoma Human Rights Commission will investigate the complaint.
(3) If the answer to (1) of this subsection is no, terminate proceedings and so notify EEOC and the Complainant.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 10 - Enforcement of the Anti-Discrimination Act › Section 335:10-1-5 - Investigation of complaints

Current through Vol. 41, No. 20, July 1, 2024
(a)
Person(s) who may investigate complaints.
Complainants, unless referred to a local commission under the provisions of Title 25, Oklahoma Statutes §
								1705, will normally be investigated by the Commission staff. Where a complaint is unusually complex, controversial, or deals with issues of great public importance, the Chairperson may assign a member of the Commission to either monitor or conduct the investigation.
(b)
Notary public requirement.
Commission staff who investigate complaints will be notaries public for purposes of swearing witnesses during the course of investigation.
(c)
Access to premises, examination and copying of records and documents.
When the Commission needs access to Respondent's premises for examination and copying of records and documents relevant to the complaint, the Respondent shall be given five (5) days advance written notice of such on-site investigations.
(d)
Answers to interrogatories.
The Director of the Oklahoma Human Rights Commission may require answers by Respondent(s) to interrogatories during the investigation of complaints as authorized by Title 25, Oklahoma Statutes §
								1501.
(e)
Failure to respond to interrogatories and application to compel.
If a party or the officer, partner or agent of the Respondent who is served interrogatories or request for designated documents fails to fully respond, the Commission may apply to the District Court to compel such party, officer, partner or agent of Respondent to answer under procedures established by Title 12, Oklahoma Statutes §
								548 and 549.
(f)
Fact-finding conference.
The Director or his designee may require a fact-finding conference with the parties prior to a determination on a complaint of discrimination. The conference is primarily an investigative forum intended to define the issues that can be resolved and to ascertain whether there is a basis for negotiated settlement of the complaint.
(g)
Director's review.
Findings of staff or local commissions with respect to complaint investigations must be reviewed by the Director who will indicate concurrence, non-concurrence, or return for additional information; or on behalf of the Commission initiate action leading to dismissal or conduct of a hearing, or termination of proceedings.
(h)
Waiver of dually filed complaints to EEOC.
The Director may authorize waiver of jurisdiction to EEOC of dually filed complaints that are not successfully settled or conciliated.
(i)
Legal representation.
At any stage of proceedings, Complainant(s) may be represented by legal counsel at their own expense. Respondent(s) also may be represented by legal counsel at their own expense. At the hearing before the Commission, counsel for the parties may examine and cross-examine witnesses.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 10 - Enforcement of the Anti-Discrimination Act › Section 335:10-1-7 - Subpoenas

Current through Vol. 41, No. 20, July 1, 2024
(a)
Subpoenas and orders for production of documents.
The Commission Director, the Staff Attorney and each Commission member is authorized to issue subpoenas, Subpoenas Duces Tecum, and orders for the production of documents on behalf of the Commission for investigatory proceedings and hearings as provided for in Title 25, Oklahoma Statutes §
								1501 and §1508, and Title 75, Oklahoma Statutes §
								315(2).
(b)
Witnesses for respondent, witness fees and mileage costs.
The Commission shall, upon request by Respondent in cases alleging violation of Title 25, Oklahoma Statutes §
								1101 et seq., subpoena witnesses in his behalf. However, witness fees and mileage costs for such witnesses must be borne by such Respondent.
(c)
Consequences for disobedience to a subpoena.
Where there is disobedience to a subpoena issued by the Commission, the Chairperson may direct that appropriate action under the provisions of Title 75, Oklahoma Statutes §
								315(3) be initiated.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 10 - Enforcement of the Anti-Discrimination Act › Section 335:10-1-8 - Final order and content; time extensions

Current through Vol. 41, No. 20, July 1, 2024
(a) After the conclusion of a Hearing on a discrimination complaint, the Hearing Examiner within ten (10) days will issue a final order. The final order shall include finding of fact and conclusions of law separately stated in accordance with the Administrative Procedures Act, Title 75, Oklahoma Statutes §
								312.
(b) The Hearing Examiner may extend the time for submitting the final order upon application of the parties, to await the transcripts of the Hearing and to allow for the parties to submit proposed findings of facts and conclusions of law or to submit briefs. The extension of time for submitting the final order by the Hearing Examiner shall not be unreasonably long and may serve as cause for review by the Commission upon motion by either party to the Commission.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 10 - Enforcement of the Anti-Discrimination Act › Section 335:10-1-9 - Transcript of hearing; review

Current through Vol. 41, No. 20, July 1, 2024
Transcripts of Hearings will not be provided for parties at Commission expense. However, if the Commission has obtained a copy of the transcript, parties may review the Commission copy, in the Commission offices, at a reasonable time. Such utilization will be scheduled by the Commission Director at a time not in conflict with the needs of the Commission and the staff.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 10 - Enforcement of the Anti-Discrimination Act › Section 335:10-1-10 - Final order; request for reconsideration

Current through Vol. 41, No. 20, July 1, 2024
(a) The final order of the Hearing Examiner constitutes the final order of the Commission unless a written request for reconsideration of the final order is made to the Commission Chair within ten (10) days of the order entry.
(b) Requests for reconsideration will not be heard by the Commission unless they comply with Title 74, Oklahoma Statutes §
								317. If the request is in compliance with §317, the Commission will rule on the request by majority vote during the next regularly scheduled Commission meeting.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 10 - Enforcement of the Anti-Discrimination Act › Section 335:10-1-11 - Cease and desist orders

Current through Vol. 41, No. 20, July 1, 2024
If the Commission is unable to eliminate the discriminatory practice by conciliation after Hearing, it shall issue an order requiring the Respondent to cease and desist from the discriminatory action and to take such action as the Commission deems necessary.
(1)
Timeliness of order.
Whether it be a cease and desist order, or one embracing a conciliation agreement, it shall be issued at the earliest possible moment after, but not prior to, the conclusion of efforts to eliminate the discriminatory practice(s) through conference, conciliation and persuasion required by Title 25, Oklahoma Statutes Section 1501(a).
(2)
Court petition to enforce the Commission order.
Upon issuance of a cease and desist order, the Commission may file a court petition requesting issuance of an order enforcing the Commission order in compliance with Title 25, Oklahoma Statutes §
								1506(a)
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 10 - Enforcement of the Anti-Discrimination Act › Section 335:10-1-12 - Granting of extensions prior to appointment of Hearing Examiner

Current through Vol. 41, No. 20, July 1, 2024
Prior to appointment of a Hearing Examiner, the Commission director may, when circumstances and the interest of justice require, grant extensions of any time limitations included within the rules governing the Oklahoma Human Rights Commission. Thereafter, the Hearing Examiner shall control conduct of the Hearing and any extensions.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 1 - General Provisions on Employment Discrimination › Section 335:15-1-1 - 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 employment under the Anti-Discrimination Act, Title 25 O.S. Section 1101 et. seq.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 1 - General Provisions on Employment Discrimination › Section 335:15-1-2 - Employment discrimination defined

Current through Vol. 41, No. 20, July 1, 2024
Discrimination in employment as an act or practice of an employer in failing to hire, discharging, or otherwise discriminating against an individual with respect to compensation or the terms, conditions, privileges or responsibilities of employment because of race, color, religion, sex, national origin, handicap, or age. It is a discriminatory practice for an employer to limit, segregate, or classify an employee in a way which would deprive or tend to deprive an individual of employment opportunities or otherwise adversely affect the status of an employee, because of race, color, religion, sex, national origin, handicap, or age
. [25 O.S. Section 1302 ]. Pursuant to this statutory definition, the Oklahoma Human Rights Commission has adopted rules and interpretive guidelines for implementing the anti-discrimination provision of Title 25, O.S., Section 1302. These guidelines cover both the issues involved in discrimination in employment, discharge, promotion, etc., and the different basis: race, sex, etc., upon which a discrimination complaint can be filed.
The general purpose of Title 25, Oklahoma Statutes, Section 1101 et seg. are to provide for execution within the State of the policies embodied in Title VII of the Civil Rights Act of 1964, the Federal Age Discrimination in Employment Act of 1967 and Section 504 of the Federal Rehabilitation Act of 1973.
[25 O.S. Section 1101 ].
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 1 - General Provisions on Employment Discrimination › Section 335:15-1-4 - Duty of fair recruitment

Current through Vol. 41, No. 20, July 1, 2024
Every employer is required by Oklahoma law to conduct recruitment and hiring practices in such a way as to assure that minorities, women, handicapped, and other protected employees are given fair notice of job vacancies, the opportunity to apply for vacancies, and be considered for employment in all vacancies on bases which do not discriminate on grounds prohibited by law. In addition, hiring and job assignment practices must assure that the effects of past exclusion of minorities, women and handicapped from all or any part of the employer's work force are not carried forward into the future. Where the effects of any practice and procedure are contrary to the foregoing, they are illegal.
(1) For example, an employer with a substantially all white work force fills his vacancies by word of mouth referral of applicants by incumbent employees. The result is that substantially all of his applicants are white. This practice si illegal because it denies minorities notice of an opportunity to apply for such employment.
(2) A second example: An employer is located in a suburban area where the local population is substantially all white. He fills his vacancies from applicants who notice a "job vacancy" sign on the premises. Virtually all applicants are white. The practice is illegal.
(3) A third example: The employer fills his vacancies through an employment agency which refers only male applicants. The practice is illegal because it denies women the notice and opportunity to apply for these positions.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 1 - General Provisions on Employment Discrimination › Section 335:15-1-5 - Duty to plan for fair recruitment

Current through Vol. 41, No. 20, July 1, 2024
(a) The Oklahoma Human Rights Commission concludes that there is a substantial likelihood that the location of a plant or other facility in an area which has a low minority population will have an adverse effect on minority employment opportunity in such facility. The difficulties, which minority persons experience in finding housing in areas outside central cities and the inadequacies of public transportation to such areas from places in which substantial proportions of minority persons reside contribute to the persistence of low utilization of minority employees in such facilities. Employers making planning decisions with respect to the location of facilities are advised that, unless they take appropriate action to assure minorities fair employment opportunities in such locations, they will be in violation of Oklahoma laws if the effect of their decision is to restrict or limit minority opportunities.
(b) Employers contemplating the location or relocation of a facility in an area in which the percentage of minority population is less than half the percentage of minority population in an area within commuting distance of the facility should establish minority employment goals based on minority population, minority work force in relevant job categories, minority unemployment, and availability of minority workers of relevant skill, existing in the area of minority population as well as those located nearer his (their) establishment and, in addition, should adopt as a minimum goals, the retention of the level of minority employee participation which are subject to a relocation move.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 3 - Interpretive Guidelines on Sex Discrimination › Section 335:15-3-1 - "Employer" defined; labor organizations and employment agencies; case-by-case consideration

Current through Vol. 41, No. 20, July 1, 2024
(a) References to "employer" or "employers" state principles that are applicable in this Subchapter not only to employers, but also to labor organizations and to employment agencies insofar as their action or inaction may adversely effect employment opportunities.
(b) The Commission will continue to consider particular problems relating to sex discrimination on a case-by-case basis.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 3 - Interpretive Guidelines on Sex Discrimination › Section 335:15-3-2 - Sex as a bona fide occupational qualification

Current through Vol. 41, No. 20, July 1, 2024
(a)
Narrow interpretation of exceptions.
The Commission believes that the bona fide occupational qualification exception as to sex should be interpreted narrowly. Labels-"Men's jobs", and "Women's jobs"-tend to deny employment opportunities unnecessarily to one sex or the other.
(1) The Commission will find that the following situations do not warrant the application of the bona fide occupational qualification exception:
(A) The refusal to hire a woman because of her sex based on assumption of the comparative employment characteristics of women in general. For example, the assumption that the turnover rate among women is higher than among men.
(B) The refusal to hire an individual based on stereotypes characterizations of the sexes. Such stereotypes include, for example, that men are less capable of assembling intricate equipment; that women are less capable of aggressive salesmanship. The principle of non-discrimination requires that individuals be considered on the basis of individual capacities and not on the basis of any characteristics generally attributed to the group.
(C) The refusal to hire an individual because of the preferences of co-workers, the employer, clients or customers.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 3 - Interpretive Guidelines on Sex Discrimination › Section 335:15-3-3 - Separate lines of progression and seniority systems

Current through Vol. 41, No. 20, July 1, 2024
(a) It is an unlawful employment practice to classify a job as "male" or "female" or to maintain separate lines of progression or separate seniority lists based on sex where this would adversely affect any employee unless sex is a bona fide occupational qualification for that job. Accordingly, employment practices are unlawful which arbitrarily classify jobs so that:
(1) A female is prohibited from applying for a job labeled "male", or for a job in a "male" line of progression; and vice versa.
(2) A male scheduled for layoff is prohibited from displacing a less senior female on a "female" seniority list; and vice versa.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 3 - Interpretive Guidelines on Sex Discrimination › Section 335:15-3-4 - Discrimination against married women

Current through Vol. 41, No. 20, July 1, 2024
(a) The Oklahoma Human Rights Commission has determined that an employer's rule which forbids or restricts the employment of married women and which is not applicable to married men is a discrimination based on sex prohibited by the Oklahoma Anti-Discrimination Act. It does not seem to us relevant that the rule is not directed against all females, but only against married females, for so long as sex is a factor in the application of the rule, such application involves a discrimination based on sex.
(b) Sex as a bona fide occupational qualification must be justified in terms of the peculiar requirements of the particular job and not on the basis of a general principle such as the desirability of spreading work.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 3 - Interpretive Guidelines on Sex Discrimination › Section 335:15-3-5 - Sex discrimination in job opportunity advertising

Current through Vol. 41, No. 20, July 1, 2024
It is a violation of the Oklahoma Anti-Discrimination Act for a help-wanted advertisement to indicate a preference, limitation, specification, or discrimination based on sex unless sex is a bona fide occupational qualification for the particular job involved. the placement of an advertisement in columns classified by publishers on the basis of sex, such as columns headed "Male" or "Female", will be considered an expression of a preference, limitation, specification, or discrimination based on sex.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 3 - Interpretive Guidelines on Sex Discrimination › Section 335:15-3-6 - Employment agencies

Current through Vol. 41, No. 20, July 1, 2024
(a)
It shall be unlawful for an employment agency to discriminate against any individual because of sex
. [Title 25 O.S. Section 1303 ]. The Commission has determined that private employment agencies which deal exclusively with one sex are engaged in an unlawful employment practice, except to the extent that such agencies limit their services to furnishing employees for particular jobs for which sex is a bona fide occupational qualification.
(b) An employment agency that receives a job order containing an unlawful sex specification will share responsibility with the employer placing the job order if the agency fills the order knowing that the sex specification is not based upon a bona fide occupation qualification. However, an employment agency will not be deemed to be in violation of the law, regardless of the determination as to the employer, if the agency does not have reason to believe that the employer's claim of bona fide occupation qualification is without substance and the agency makes and maintains a written record available to the Oklahoma Human Rights Commission of each such job order. Such record shall include the name of the employer, the description of the job and the basis for the employer's claim of bona fide occupational qualification.
(c) It is the responsibility of employment agencies to keep informed of policy statements and guidelines of the Oklahoma Human Rights Commission on sex discrimination.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 3 - Interpretive Guidelines on Sex Discrimination › Section 335:15-3-7 - Pre-employment inquiries as to sex

Current through Vol. 41, No. 20, July 1, 2024
A pre-employment inquiry may ask "Male------, Female------"; or "Mr., Mrs., Miss", provided that the inquiry is made in good faith for a non-discriminatory purpose. Any pre-employment inquiry in connection with prospective employment which expresses directly or indirectly any limitation, specification, or discrimination as to sex shall be unlawful unless based upon a bona fide occupational qualification.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 3 - Interpretive Guidelines on Sex Discrimination › Section 335:15-3-8 - Availability of fringe benefits based on sex

Current through Vol. 41, No. 20, July 1, 2024
(a) Fringe benefits, as used in this Section, includes medical, hospital, accident, life insurance and retirement benefits; profit-sharing and bonus plans; leave; and other terms, conditions, and privileges of employment.
(b) It shall be an unlawful employment practice for an employer to discriminate between men and women with regard to fringe benefits.
(c) Where an employer conditions benefits available to employees and their spouses and families or whether the employee is the "head of the household", or "principal wage earner" in the family unit, the benefits tend to be available only to male employees and their families. Due to the fact that such conditioning discriminatorily affects the rights of women employees, and that "head of household" or "principal wage earner" status bears no relationship to job performance, benefits which are so conditioned will be found a prima facie violation of the prohibitions against sex discrimination contained in the Act.
(d) It shall be an unlawful employment practice for an employer to make available benefits for the wives and families of male employees where the same benefits are not made available for the husbands and families of female employees; or to make available benefits for the wives of male employees which are not made available for female employees; or to make available benefits to the husbands of female employees which are not made available for male employees. An example of such an unlawful employment practice is a situation in which wives of male employees receive maternity benefits while female employees receive no such benefits.
(e) It shall not be a defense to a charge of sex discrimination in benefits that the cost of such benefits is greater with respect to one sex than the other.
(f) It shall be an unlawful employment practice for an employer to have a pension or retirement plan which establishes different compulsory retirement ages based on sex, or which differentiates in benefits on the basis of sex.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 3 - Interpretive Guidelines on Sex Discrimination › Section 335:15-3-9 - Employment policies relating to pregnancy and childbirth

Current through Vol. 41, No. 20, July 1, 2024
(a) A written or unwritten employment policy or practice which excludes from employment applicants or employees because of pregnancy is in prima facie violation of the Oklahoma Anti-Discrimination Act.
(b) Disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth, or related medical conditions, for all job- related purposes, shall be treated the same as disabilities caused or contributed to by other medical conditions, under any health or disability insurance or sick leave plan available in connection with employment. Written or unwritten employment policies and practices involving matters such as the commencement and duration of leave, the availability of extensions, the accrual of seniority and other benefits and privileges, and reinstatement, shall be applied to disability due to pregnancy or childbirth on the same terms and conditions as they are applied to temporary disabilities.
(c) Where the termination of an employee who is temporarily disabled is caused by an employment policy under which insufficient or no leave is available, such a termination violates the Act if it has a disparate impact on employees of one sex and is not justified by business necessity.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 3 - Interpretive Guidelines on Sex Discrimination › Section 335:15-3-10 - Sexual harassment related to employment

Current through Vol. 41, No. 20, July 1, 2024
(a) Harassment on the basis of sex is a violation of Article 3 of Title 25 O.S.. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
(1) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment.
(2) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual.
(3) Such conduct has the purpose of effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 5 - Interpretive Guidelines on Discrimination Because of Religion › Section 335:15-5-1 - Religious nature of a practice or belief; "religious practice" defined

Current through Vol. 41, No. 20, July 1, 2024
In most cases whether or not a practice or belief is religious is not at issue. However, in those cases in which the issue does exist, the Commission will define religious practices to include
moral or ethical beliefs as to what is right and wrong which are sincerely held with the strength of traditional religious views
. This standard was developed in "United States v. Seeger", 380 U.S. 163(1965) and "Welsh v. United States", 398 U.S. 333(1970). The Commission has consistently applied this standard in its decisions. The fact that no religious group espouses such beliefs of the fact the religious group to which the individual professes to belong may not accept such belief will not determine whether the belief is a religious belief of the employee or prospective employee. The phrase "religious practice" as used in this Chapter includes both religious observances and practices.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 5 - Interpretive Guidelines on Discrimination Because of Religion › Section 335:15-5-2 - Reasonable religious accommodation without undue hardship

Current through Vol. 41, No. 20, July 1, 2024
(a)
Duty to accommodate.
(1) Title 25 O.S. Article 3 is interpreted by this Subchapter to make it unlawful for an employer to fail to reasonably accommodate the religious practices of an employee or prospective employee, unless the employer demonstrates that accommodation would result in undue hardship on the conduct of its business.
(2) Furthermore, Article 3 imposes an obligation on a labor organization to reasonably accommodate the religious practices of an employee or prospective employee, unless the labor organization demonstrates that accommodation would result in undue hardship.
(3) Reasonable accommodation requirements are primarily directed to obligations of employers or labor organizations, which are the entities covered by Title 25 of the Oklahoma Statutes that will most often be required to make an accommodation. However, the principles of this Section also apply when an accommodation can be required of other entities covered by Title 25 of the Oklahoma Statutes, such as employment agencies or joint labor-management committees controlling apprenticeship or other training or retraining or retraining programs.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 5 - Interpretive Guidelines on Discrimination Because of Religion › Section 335:15-5-3 - Alternatives for accommodating religious practices

Current through Vol. 41, No. 20, July 1, 2024
(a)
Work scheduling.
Employees and prospective employees most frequently request an accommodation because their religious practices conflict with their work schedules. The following paragraphs are some means of accommodating the conflict between work schedules and religious practices which the Commission believes that employer and labor organizations should consider as part of the obligation to accommodate and which the Commission will consider in investigating a charge. These are not intended to be all inclusive. There are often other alternatives which would reasonably accommodate an individual's religious practices when they conflict with a work schedule. There are also employment practices besides work scheduling which may conflict with religious practices and cause an individual to request an accommodation.
(1) Reasonable accommodation without undue hardship is generally possible where a voluntary substitute with substantially similar qualifications is available. One means of substitution is the voluntary swap. In a number of cases, the securing of a substitute has been left entirely up to the individual seeking the accommodation. The Commission believes that the obligation to accommodate requires that the employers and labor organizations facilitate the securing of a voluntary substitute with substantially similar qualifications. Some means of doing this which employers and labor organizations should consider are to publicize policies regarding accommodation and voluntary substitution; to promote an atmosphere in which such substitutions are favorably regarded; to provide a central file, bulletin board or other means for matching voluntary substitutes with positions for which substitutes are needed.
(2) One means of providing reasonable accommodation for the religious practices of employees or prospective employees which employers and labor organizations should consider is the creation of a flexible work schedule for individuals requesting accommodation. The following list is an example of areas in which flexibility might be introduced:
(A) flexible arrival and departure times;
(B) floating or optional holidays;
(C) flexible work breaks;
(D) use of lunch time in exchange for early departure;
(E) staggered work hours; and
(F) permitting an employee to make up time lost due to the observance of religious practices.
(3) When an employee cannot be accommodated either as to his or her entire job or an assignment within the job, employers and labor organizations should consider whether or not it is possible to change the job assignment or give the employee a lateral transfer.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 7 - Interpretive Guidelines on Discrimination Because of National Origin › Section 335:15-7-1 - Definition of national origin discrimination

Current through Vol. 41, No. 20, July 1, 2024
The Commission defines national origin discrimination broadly as including, but not limited to, the denial of equal employment opportunity because of an individual's, or his/her ancestor's, place of origin; or because an individual has the physical, cultural or linguistic characteristics of a national origin group. The Commission will examine with particular concern charges alleging that individuals within the jurisdiction of the Commission have been denied equal employment opportunity for reasons which are grounded in national origin considerations, such as:
(1) Marriage to or association with persons of a national origin group;
(2) Membership in, or association with an organization identified with or seeking to promote the interests of national origin groups;
(3) Attendance or participation in schools, churches, temples, or mosques, generally used by persons of a national origin group; and
(4) Because an individual's name or spouse's name is associated with a national origin group. In examining these charges for unlawful national origin discrimination, the Commission will apply general Title 25 of the Oklahoma Statutes principles, such as disparate treatment and adverse impact.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 7 - Interpretive Guidelines on Discrimination Because of National Origin › Section 335:15-7-2 - Citizenship as prerequisite for employment

Current through Vol. 41, No. 20, July 1, 2024
(a) In those circumstances, where citizenship requirements have the purpose or effect of discriminating against an individual on the basis of national origin, they are prohibited by Title 25 of the Oklahoma Statutes.
(b) The Oklahoma Anti-Discrimination Act protects all individuals, both citizen and non-citizens, residing, domiciled or employed in Oklahoma, against discrimination on the basis of race, color, religion, sex, national origin, or handicap.
(c) In addition, some states have enacted laws prohibiting the employment of non-citizens. Where laws prohibiting the employment of non-citizens have the purpose or effect of discriminating on the basis of national origin, they are in conflict with and are therefore, superseded by the Oklahoma Anti-Discrimination Act.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 7 - Interpretive Guidelines on Discrimination Because of National Origin › Section 335:15-7-3 - Discriminatory employee selection procedures

Current through Vol. 41, No. 20, July 1, 2024
(a) In investigating an employer's selection procedures (including those identified in (b) and (c) of this Section) for adverse impact on the basis of national origin, the Commission will apply its Guidelines on Employee Selection Procedures contained in Subchapter 13 of this Chapter. Employers and other users of selection procedures should refer to the GESP for guidance on matters, such as adverse impact, validation and recordkeeping requirements for national origin groups.
(b) Because height or weight requirements tend to exclude individuals on the basis of national origin, the user is expected to evaluate these selection procedures for adverse impact, regardless of whether the total selection process has an adverse impact based on national origin.
(c) The Commission has found that the use of the following selection procedures may be discriminatory on the basis of national origin. Therefore, it will carefully investigate charges involving these selection procedures for both disparate treatment and adverse impact on the basis of national origin.
(1) Fluency-in-English requirements, such as denying employment opportunities because of an individual's foreign accent, or inability to communicate well in English.
(2) Training or education requirements which deny employment opportunities to an individual because of his or her foreign training or education, or which require an individual to be foreign trained or educated.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 7 - Interpretive Guidelines on Discrimination Because of National Origin › Section 335:15-7-4 - Speak-English-only rules

Current through Vol. 41, No. 20, July 1, 2024
(a) A rule requiring employees to speak only English at all times in the workplace is a burdensome term and condition of employment. The primary language of an individual is often an essential national original characteristic. Prohibiting employees at all times, in the workplace, from speaking their primary language or the language they speak most comfortably, disadvantages an individual's employment opportunities on the basis of national origin. It may also create an atmosphere of inferiority, isolation and intimidation based on national origin which would result in a discriminatory working environment. Therefore, the Commission will presume that such a rule violates Title VII of the Civil Rights Act of 1964 and will closely scrutinize it.
(b) An employer may have a rule requiring that employees speak only in English at certain times where the employer can show that the rule is justified by business necessity.
(c) It is common for individuals whose primary language is not English to inadvertently change from speaking English to speaking their primary language. Therefore, if an employer believes it has a business necessity for a speak-English-only rule at certain times, the employer should inform its employees of the general circumstances when speaking only in English is required and of the consequences of violating the rule. If an employer fails to effectively notify its employees of the rule and makes an adverse employment decision against an individual based on a violation of the rule, the Commission will consider the employer's application of the rule as evidence of discrimination on the basis of national origin.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 7 - Interpretive Guidelines on Discrimination Because of National Origin › Section 335:15-7-5 - Harassment based on national origin

Current through Vol. 41, No. 20, July 1, 2024
(a) The Commission has consistently held that harassment on the basis of national origin is a violation of Title VII of the Civil Rights Act of 1964. An employer has an affirmative duty to maintain a working environment free of harassment on the basis of national origin.
(b) Ethnic slurs and other verbal or physical conduct relating to an individual's national origin constitute harassment when this conduct:
(1) Has the purpose or effect of creating and intimidating, hostile or offensive working environments;
(2) Has the purpose or effect of unreasonably interfering with an individual's work performance; or
(3) Otherwise adversely affects individual's employment opportunities.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 9 - Interpretive Guidelines on Discrimination Against the Handicapped › Section 335:15-9-1 - Handicap as classification of employment discrimination; "handicapped person" and "qualified handicapped person" defined

Current through Vol. 41, No. 20, July 1, 2024
(a)
Interpretation of statute.
In October 1981 Title 25, O.S., supra, was amended (HB #1322) to add handicap as a classification of discrimination along with the previously stated classifications of race, color, religion, sex, and national origin. The amendment of the Act is interpreted to mean that no qualified handicapped person shall on account of handicap, be subjected to discrimination in employment as prohibited by Title 25, O.S., Section 1101 et seq. A handicapped person is defined by the same terms used in the Federal Rehabilitation Act of 1973, as amended.
(b)
Definitions.
(1) The Federal Rehabilitation Act states, in definition, that for the purpose of the program, a handicapped individual is any person who has a physical or mental impairment which substantially limits one or more of such person's major life activities, has a record of such impairment, or is regarded as having such an impairment.
(A) "Life-Activities" may be considered to include communication, ambulation selfcare, socialization, education, vocational training, employment, transportation, adapting to housing, etc. For the purpose of Section 503 of the Act, primary attention is given to those life activities that affect employability.
(B) The phrase "substantially limits" means the degree that the impairment affects employability. A handicapped individual who is likely to experience difficulty in securing, retaining, or advancing in employment would be considered substantially limited.
(C) "Has a record of such an impairment" means that an individual may be completely recovered from a previous physical or mental impairment. It is included because the attitude of employers, supervisors, and co-workers toward the previous impairment may result in an individual experiencing difficulty in securing, retaining, or advancing in employment. The mentally restored and those who, for example, have had heart attacks or cancer often experience such difficulty. Also, this part of the definition would include individuals who may have been erroneously classified and may experience discrimination based on this misclassification. This group may include persons such as those who have been misclassified as mentally retarded or mentally restored.
(D) "Is regarded as having such an impairment" refers to those individuals who are perceived as having a handicap, whether an impairment exists or as handicapped by employers or supervisors who have an effect on the individual securing, retaining, or advancing in employment.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 9 - Interpretive Guidelines on Discrimination Against the Handicapped › Section 335:15-9-2 - Reasonable accommodation for handicap

Current through Vol. 41, No. 20, July 1, 2024
Reasonable accommodation, although not defined in the Rehabilitation Act, is interpreted by the Commission as follows:
(1) An employer subject to Title 25, O.S., supra, shall make reasonable accommodation to the known limitations of an otherwise qualified handicapped applicant or employee unless the employer can demonstrate that the accommodation would impose an undue hardship.
(2) Reasonable accommodation by an employer may include:
(A) Modification of work sites and commonly used areas, such as parking lots, lunch rooms, restrooms, desks and work benches.
(B) Job restructuring, modified work or attendance schedules, modification of equipment, purchase of assistive devices and other similar actions.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 9 - Interpretive Guidelines on Discrimination Against the Handicapped › Section 335:15-9-3 - Undue hardship on employer for handicap accommodation

Current through Vol. 41, No. 20, July 1, 2024
In determining the applicability of Title 25, O.S., supra, regarding expenses that may be incurred by employers in order to overcome the effects of conditions that resulted in limited participation by qualified handicapped persons in the employer's operations, the Commission shall consider:
(1) The extent to which the employer demonstrates that the compliance with the law would require alteration, modification, or purchase of any building structure, or equipment, or would require additional expenses which would not otherwise be incurred, and
(2) The extent to which the employer demonstrates the unavailability of alternatives not requiring additional expenses.
Oklahoma Administrative Code › Title 335 - Oklahoma Human Rights Commission › Chapter 15 - Interpretive Guidelines on Employment Discrimination › Subchapter 9 - Interpretive Guidelines on Discrimination Against the Handicapped › Section 335:15-9-4 - Pre-employment handicap inquiries

Current through Vol. 41, No. 20, July 1, 2024
(a) Except as provided in (b) and (c) of this section, an employer may not make pre-employment inquiry of an applicant as to whether the applicant is a handicapped person or as to the nature of severity of a handicap. An employer may, however, make preemployment inquiry into an applicant's ability to perform job-related functions.
(b) When an employer is taking remedial action to correct the effects of past discrimination, the employer may invite applicants for employment to indicate whether and to what extent they are handicapped, provided that:
(1) The employer states clearly on any written questionnaire used for this purpose or makes clear orally if no written questionnaire is used that the information requested is intended for use solely in connection with its remedial action obligations or its voluntary or affirmative action efforts; and
(2) The employer states clearly that the information is being requested on a voluntary basis, that it will be kept confidential as provided in (d) of this section, that refusal to provide it will not subject the applicant or employee to any adverse treatment, and that it will be used only in accordance with this section.