labor lawAdivision of labor law center

Oklahoma, like every other state, has very specific laws when it comes to discrimination. The state must post these laws openly for employees and patrons to see, if they choose to find out more information about the particulars. The Oklahoma Complete Labor Law poster is currently available with all of the updated information.

While I was researching the specifics of the Oklahoma discrimination notice, I noted that the traditional human characteristics are not allowed to be discriminated against: race, color, religion, sex, national origin, age, or handicap.

However what is different about Oklahoma is that disability cases are treated differently than other discrimination cases because the state allows private lawsuits to be filed – but only for disability discrimination. For the other discrimination claims, workers cannot file a claim in the court of law and must instead turn to the Oklahoma Human Rights Commission (OHRC). However, if an individual feels that he or she has been discriminated against, he or she can files what’s known as a “private right of action” only in cases related to disability. When they file for disability, they do not have to first register the charge with the OHRC.

As a result of Oklahoma’s law that individuals cannot file discrimination lawsuits (except for disability) I have found that many workers file their suits with the federal government instead. In order to file a case based on a federal claim, the Equal Employment Opportunity Commission (EEOC) must issue what’s called a “Dismissal and Notice of Rights.”

A lawsuit must then be filed within 90 days of receipt of the notice. If an individual feels that he or she has been discriminated against and wishes to file with the state, he or she must file within 180 days of the alleged discrimination. The EEOC and OHRC have a work-sharing agreement with one another, meaning that individuals need only to file with one organization in order to communicate with both (the organizations communicate internally.)

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