Oklahoma Pre-Employment Inquiries (Interviewing) laws & HR compliance analysis

Oklahoma Pre-Employment Inquiries (Interviewing): What you need to know

Protected classes. 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) (Okla. Stat. tit. 25, § 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 (Okla. Stat. tit. 74, § 840-2.9).
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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 avoided (Okla. Stat. tit. 36, § 3614.2).
Criminal history. State public agencies may not ask about felony convictions unless the job is one for which a particular criminal history disqualifies the applicant by law or regulation (Okla. Exec. Order 2016-03). More information is available at the Oklahoma background checks section.
Consumer reports. Under state law, before requesting a consumer report on an individual for employment purposes, an employer must provide ...

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