Comparison: State vs. Federal
The Oklahoma Anti-Discrimination Act prohibits employment practices that discriminate on the basis of disability or genetic test results. The Act covers all private employers and all state and government agencies (OK Stat. Tit. 25 Sec. 1101 et seq.).
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).
The term "disability" means a physical or mental impairment that substantially limits one or more of such person's major life activities, a record of such an impairment, or being regarded as having an impairment (OK Stat. Tit. 25 Sec. 1301). Under the guidelines issued by the Oklahoma Human Rights Commission, the phrase "substantially limits" means the degree that the impairment affects employability. Therefore, an individual with a disability who is likely to experience difficulty in securing, retaining, or advancing in employment would be considered substantially limited (OK Admin. Code Sec. 335 Sec. 15-9-1).
Qualified person with a disability. According to guidelines issued by the Commission, a person with a disability is qualified if he or she can perform the essential functions of the job in question, with reasonable accommodation (OK Admin. Code Sec. 335:15-9-1). Reasonable Accommodation
The Act requires employers to provide reasonable accommodation for a person's disability, unless to do so would impose an undue business hardship. Reasonable accommodation can include job restructuring, modified work or attendance schedules, purchase of special assisting devices, or modification of equipment, worksites, or common areas.