The Oklahoma Anti-Discrimination Act prohibits employment practices that discriminate on the basis of race, color, religion, sex, national origin, age (40 years of age and older), disability, or genetic test results. According to guidelines issued by the state Human Rights Commission, an employer should not ask questions about any of these characteristics, either on an application form or in job interviews, unless the characteristic is a bona fide occupational qualification (BFOQ) (OK Stat. Tit. 25 Sec. 1101 et seq.).
The Act covers all private employers, regardless of size.
A separate law prohibits state agencies from discrimination based on political or religious opinions or affiliations, race, creed, gender, color, national origin, or physical disability (OK Stat. Tit. 74 Sec. 840-2.9).
Smokers' rights. State law prohibits employment discrimination against individuals who use tobacco products during nonworking hours. Discrimination against nonsmokers is also prohibited; therefore, any questions about an applicant's use of tobacco should be avoided (OK Stat. Tit. 40 Sec. 500 et seq.). Employers are permitted to offer incentives to an employee for participating in wellness programs, including smoking cessation programs, in conjunction with the employer providing the employee health insurance coverage.
Genetic test results. In addition to the Anti-Discrimination Act, a separate state law prohibits employment practices that discriminate on the basis of genetic test results. Employers are prohibited from discriminating against an applicant or employee by requiring, trying to obtain, or using genetic tests or genetic information. Questions about an applicant's genetic test results or information should also be ...