The Oklahoma Anti-Discrimination Act prohibits employment practices that discriminate on the basis of disability (OK Stat. Tit. 25 Sec. 1101 et seq.). The Act covers all public and private employers, including contractors furnishing goods or services to the state, employment agencies, and labor unions.
Retaliation prohibited. The Act prohibits retaliation against an individual who has opposed a discriminatory practice, or who has made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing under the Act.
Like the federal Americans with Disabilities Act (ADA), the Oklahoma Act prohibits employers from basing a decision regarding recruitment, hiring, discharge, promotion, advancement, or the other terms and conditions of employment on the knowledge or perception that a person who is otherwise qualified to perform the job has a disability.
Amendments to the ADA broadened the definition of "disability" and expressly changed the definition of a "regarded as" disability. Under the amended ADA, an individual is regarded as having an ADA disability if the individual was subjected to an adverse employment action (e.g., demotion, firing) because of an actual or perceived impairment. The impairment does not have to substantially limit a major life activity in order to meet the definition of a "regarded as" disability.