Oklahoma § 25-1350 - Employment based discrimination - Cause of action Remedies - Procedure

§ 25-1350. Employment based discrimination - Cause of action Remedies - Procedure

A. A cause of action for employment-based discrimination is

hereby created and any common law remedies are hereby abolished.

B. In order to have standing in a court of law to allege

discrimination arising from an employment-related matter, in a cause

of action against an employer for discrimination based on race,

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

information with respect to the employee, or retaliation, an

aggrieved party must, within one hundred eighty (180) days from the

last date of alleged discrimination, file a charge of discrimination

in employment with the Attorney General's Office of Civil Rights

Enforcement or the Equal Employment Opportunity Commission alleging

the basis of discrimination believed to have been perpetrated on the

aggrieved party. Upon completion of any investigation, the Attorney

General's Office of Civil Rights Enforcement may transmit the

results of any administrative hearing and determination to the Equal

Employment Opportunity Commission or issue the complaining party a

Notice of a Right to Sue.

C. Should a charge of discrimination be filed with the Attorney

General's Office of Civil Rights Enforcement and not be resolved to

the satisfaction of the charging party within one hundred eighty

(180) days from the date of filing of such charge, the Attorney

General's Office of Civil Rights Enforcement, upon request of any

party shall issue a Notice of a Right to Sue, which must be first

obtained in order to commence a civil action under this section.

D. All civil actions brought pursuant to a Notice of a Right to

Sue from the Attorney General's Office of Civil Rights Enforcement

for redress against any person who is alleged to have discriminated

against the charging party and against any person named as

respondent in the charge shall be commenced in the district court of

this state for the county in which the unlawful employment practice

is alleged to have been committed.

E. Either party in any such action shall be entitled to a jury

trial of any facts in dispute in the action.

Oklahoma Statutes - Title 25. Definitions and General Provisions

F. The defending party may allege any defense that is available

under Title VII of the Civil Rights Act of 1964, the Age

Discrimination in Employment Act, the Pregnancy Discrimination Act,

the Rehabilitation Act, the Americans with Disabilities Act, or the

Genetic Information Nondiscrimination Act.

G. If it is determined in such action that the defendant or

defendants in such action have discriminated against the charging

party as charged in the petition, the court may enjoin the defendant

or defendants from engaging in such unlawful employment practice

charged in the petition, the court may enjoin respondent from

engaging in such unlawful practice and order such affirmative action

as reinstatement or hiring of employees. A prevailing aggrieved

party shall also be entitled to backpay and an additional amount as

liquidated damages. Interim earnings or amounts earnable with

reasonable diligence by the person discriminated against shall

operate to reduce the backpay otherwise allowable. If an individual

was refused employment or advancement, was suspended and/or was

discharged for legitimate reasons other than discrimination as

provided by this act, then no order of the court shall require the

hiring, reinstatement or promotion of that individual as an

employee, nor shall it order payment of any backpay.

H. In any action or proceeding under this section, the court

may allow a prevailing plaintiff or defendant a reasonable attorney

fee.

I. No action may be filed in district court as provided in this

section more than ninety (90) days after receiving a Notice of a

Right to Sue from the Attorney General's Office of Civil Rights

Enforcement.

Added by Laws 2011, c. 270, § 11, eff. Nov. 1, 2011. Amended by

Laws 2013, c. 214, § 5, emerg. eff. May 7, 2013.