The Oklahoma Anti-Discrimination Act makes it unlawful for an employer to classify applicants for employment on the basis of the individual's race, color, religion, sex, national origin, age (40 years or older), genetic information, or disability unless the accommodation for a disability would impose an undue hardship on the operation of the employer’s business (OK Stat. Tit. 25 Sec. 1302). There are no specific prohibitions about asking for such information on an application form. However, asking for such information could be easily interpreted as unlawful classification. An employer should not ask questions about any of these characteristics, either on an application form or in job interviews, unless an exception to the law applies.
The Act covers all public and private employers, regardless of size (OK Stat. Tit. 25 Sec. 1301). A person who is a contractor or subcontractor furnishing material or performing work for the state and agents of that person are also covered by the Act (OK Stat. Tit. 25 Sec. 1301).
It is unlawful for an employer to discharge, expel, or otherwise discriminate against a person because the person has opposed discriminatory practices that are unlawful under the Act (OK Stat. Tit. 25 Sec. 1601
State employees. State agencies are also covered by a separate law that prohibits discrimination on the basis of race, creed, gender, color, national origin, physical handicap, or religious or political opinions or affiliation (OK Stat. Tit. 74 Sec. 840-2.9).
Tobacco products. A separate law prohibits employment discrimination against individuals who are nonsmokers, smokers, or who use tobacco products during nonworking hours. Questions about an applicant's use of tobacco should be ...