Oklahoma § 25-1313 - Status Verification System - Registration and use by

§ 25-1313. Status Verification System - Registration and use by

public employers - Discriminatory discharge of citizens or permanent

resident aliens.

A. Every public employer shall register with and utilize a

Status Verification System as described in subparagraphs a or b of

paragraph 1 of Section 6 of this act to verify the federal

employment authorization status of all new employees.

B. 1. After July 1, 2008, no public employer shall enter into

a contract for the physical performance of services within this

state unless the contractor registers and participates in the Status

Verification System to verify the work eligibility status of all new

employees.

2. After July 1, 2008, no contractor or subcontractor who

enters into a contract with a public employer shall enter into such

a contract or subcontract in connection with the physical

performance of services within this state unless the contractor or

subcontractor registers and participates in the Status Verification

System to verify information of all new employees.

3. The provisions of this subsection shall not apply to any

contracts entered into prior to the effective date of this section

even though such contracts may involve the physical performance of

services within this state after July 1, 2008.

C. 1. It shall be a discriminatory practice for an employing

entity to discharge an employee working in Oklahoma who is a United

States citizen or permanent resident alien while retaining an

employee who the employing entity knows, or reasonably should have

known, is an unauthorized alien hired after July 1, 2008, and who is

working in Oklahoma in a job category that requires equal skill,

effort, and responsibility, and which is performed under similar

Oklahoma Statutes - Title 25. Definitions and General Provisions

working conditions, as defined by 29 U.S.C., Section 206(d)(1), as

the job category held by the discharged employee.

2. An employing entity which, on the date of the discharge in

question, was currently enrolled in and used a Status Verification

System to verify the employment eligibility of its employees in

Oklahoma hired after July 1, 2008, shall be exempt from liability,

investigation, or suit arising from any action under this section.

3. No cause of action for a violation of this subsection shall

arise anywhere in Oklahoma law but from the provisions of this

subsection.

Added by Laws 2007, c. 112, § 7, eff. Nov. 1, 2007.