Oklahoma § 25-1309 - Seniority and merit systems - Compulsory retirement

§ 25-1309. Seniority and merit systems - Compulsory retirement

Notwithstanding any other provision of Section 1101 et seq. of

this title, it is not a discriminatory practice for an employer:

1. To apply different standards of compensation or different

terms, conditions, privileges, or responsibilities of employment

pursuant to a bona fide seniority or merit system, or a system which

measures earnings by quantity or quality of production or to

employees who work in different locations, if the differences are

not the result of an intention to discriminate because of race,

color, religion, sex, national origin, age, disability, or genetic

information; or

2. To give and to act upon the results of a professionallydeveloped ability test if the test, its administration, or action

upon the results is not designed, intended, or used to discriminate

because of race, color, religion, sex, national origin, age,

disability, or genetic information.

3. To require the compulsory retirement of any person who has

attained the age of sixty-five (65) and who, for the two-year period

immediately before retirement, is employed in a bona fide executive

or high policymaking position, if such person is entitled to an

immediate nonforfeitable annual retirement benefit from a pension,

profit-sharing, savings or deferred compensation plan, or any

combination of such plans, of the employer, which equals, in the

aggregate, at least Forty-four Thousand Dollars ($44,000.00).

Added by Laws 1968, c. 388, § 309. Amended by Laws 1981, c. 231, §

8; Laws 1985, c. 165, § 9, eff. Nov. 1, 1985; Laws 2011, c. 270, §

9, eff. Nov. 1, 2011.