Oklahoma Hiring laws & HR compliance analysis

Oklahoma Hiring: What you need to know

Discrimination. 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 (Okla. Stat. tit. 25, § 1302). More information is available at the Oklahoma Discrimination and Disabilities (ADA) sections.
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 (Okla. Stat. tit. 74, § 840-2.9).
Veterans’ preference. A private employer may adopt a policy to provide preference in hiring to veterans (Okla. Stat. tit. 40, § 801). In public employment, veterans, spouses of disabled veterans, and unremarried surviving spouses are entitled to preference in hiring (Okla. Stat. tit. 72, § 67.13).
Consumer reports. Before requesting a consumer report on an individual for employment purposes, an employer must provide written notice to the subject of the investigation (Okla. Stat. tit. 24, § 148). More information is available at the Oklahoma Background Checks section.
Social media. With very limited exceptions, it is unlawful for Oklahoma employers to take an adverse employment action against a current employee who refuses to give the employer access to his or her social media account. Likewise, it is unlawful for employers to refuse to hire a prospective employee for refusing to give access to such accounts (Okla. Stat. tit. 40, § 173.2).

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