Oklahoma § 44-4311 - Employment rights – Discrimination by employer

§ 44-4311. Employment rights – Discrimination by employer

A. A person who is a member of, applies to be a member of,

performs, has performed, applies to perform, or has an obligation to

perform service in the state military forces shall not be denied

initial employment, reemployment, retention in employment,

promotion, or any benefit of employment by an employer on the basis

of that membership, application for membership, performance of

service, application for service, or obligation.

B. An employer shall not discriminate in employment against or

take any adverse employment action against any person because the

person:

1. Has taken an action to enforce a protection afforded

pursuant to the Oklahoma Uniformed Services Employment and

Reemployment Rights Act;

2. Has testified or otherwise made a statement in or in

connection with any proceeding under the Oklahoma Uniformed Services

Employment and Reemployment Rights Act;

3. Has assisted or otherwise participated in an investigation

under the Oklahoma Uniformed Services Employment and Reemployment

Rights Act; or

4. Has exercised a right provided for in the Oklahoma Uniformed

Services Employment and Reemployment Rights Act.

The prohibition in this subsection shall apply with respect to a

person regardless of whether that person has performed service in

the state military forces.

C. An employer shall be considered to have engaged in actions

prohibited:

1. Under subsection A of this section if the person's

membership, application for membership, service, application for

service, or obligation for service in the state military forces is a

motivating factor in the employer's action, unless the employer can

prove that the action would have been taken in the absence of such

membership, application for membership, service, application for

service, or obligation for service; or

2. Under subsection B of this section if the person's:

a.

action to enforce a protection afforded any person

under the Oklahoma Uniformed Services Employment and

Reemployment Rights Act,

b.

testimony or making of a statement in or in connection

with any proceeding under the Oklahoma Uniformed

Services Employment and Reemployment Rights Act,

c.

assistance or other participation in an investigation

under the Oklahoma Uniformed Services Employment and

Reemployment Rights Act, or

d.

exercise of a right provided for in the Oklahoma

Uniformed Services Employment and Reemployment Rights

Act,

Oklahoma Statutes - Title 44. Militia

is a motivating factor in the employer's action, unless the employer

can prove that the action would have been taken in the absence of

such person's enforcement action, testimony, statement, assistance,

participation, or exercise of a right.

D. The prohibitions in subsections A and B of this section

shall apply to any position of employment, including a position that

is described in subparagraph c of paragraph 1 of subsection D of

Section 8 of this act.

Added by Laws 2021, c. 122, § 7, emerg. eff. April 21, 2021.