The Oklahoma Anti-Discrimination Act prohibits hiring practices that discriminate based on race, color, religion, sex, national origin, age (40 years of age and older), genetic information, or disability, unless the accommodation for the disability would impose an undue hardship on the operation of the employer’s business. The Act covers all private employers (OK Stat. Tit. 25 Sec. 1302).
State employees. State agencies are also covered by a separate law that prohibits discrimination based on race, creed, gender, color, national origin, physical handicap, or religious or political opinions or affiliation (OK Stat. Tit. 74 Sec. 840-2.9).
Employers are prohibited from requiring that applicants or employees abstain from using tobacco products outside of the workplace, unless nonuse is a bona fide occupational qualification (BFOQ) or is required by a collective bargaining agreement (OK Stat. Tit. 40 Sec. 500 et seq.). The law also prohibits employers from discrimination in the terms, conditions, or privileges of employment based on an individual's use of tobacco products during nonworking hours.
An employer may offer incentives to employees to participate in wellness programs, including smoking cessation programs, in conjunction with employer-sponsored healthcare insurance.