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STATE OF OKLAHOMA
1st Session of the 59 th Legislature (2023)
HOUSE BILL 1065 By: Talley
AS INTRODUCED
An Act relating to definitions and general
provisions; amending 25 O.S. 2021, Section s 1302 and
1350, which relate to discrimination in employment;
adding criminal history to discriminatory practices;
providing for indemnification; amending 24 O.S. 2021,
Section 148, which relates to the Credit Services
Organization Act; requiring compliance with federal
law; making certain inform ation confidential; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 25 O.S. 2021, Section 1302, is
amended to read as follows:
Section 1302. A. It is a discriminatory practice for an
employer:
1. To fail or refuse to hire, to dischar ge, or otherwise to
discriminate against an individual with respect to compensation or
the terms, conditions, pr ivileges or responsibilities of employment,
because of race, colo r, religion, sex, national origin, age, genetic
information, prior criminal history, or disability, unless the
employer can demonstrate that accommodation for the disability would
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impose an undue hardship on the operation of the business of such
employer or that the prior criminal history directly bears upon the
performance of the jo b responsibilities in a way that demonstrably
and reasonably endangers co -workers, the business, or the general
public; or
2. To limit, segregate, or classify an employee or applicant
for employment in a way which would deprive or tend to deprive an
individual of employment opportunities or otherwise adversely affect
the status of an employee, because of race, color, religion, sex ,
national origin, age, genetic information, prior criminal history,
or disability, unless the employer can demonstrate that
accommodation for the disability would impose an undue hardship on
the operation of the business of such emp loyer or that the prior
criminal history directly bears upon the performance of the job
responsibilities in a way that demonstrably and reasonably enda ngers
co-workers, the business, or the general public .
B. This section does not apply to the employment of an
individual by his or her parents, spouse, or child or to employmen t
in the domestic service of the employer.
SECTION 2. AMENDATORY 25 O.S. 2021, Section 1350, is
amended to read as follows:
Section 1350. A. A cause of action for employment -based
discrimination is hereby created and any common law remedies are
hereby abolished.
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B. In order to have standing in a court of law to allege
discrimination arising from an employment -related matter, in a cause
of action against an employer for discrimination based on race,
color, religion, sex, national origin, age, prior criminal history,
disability, genetic information with respect to th e employee, or
retaliation, an aggrieved party must, within one hundred eighty
(180) days from the last date of alleged discrimi nation, file a
charge of discrimination in employment with the Attorney General's
Office of Civil Rights Enforcement or the Equa l Employment
Opportunity Commission alleging the basis of discrimination believed
to have been perpetrated on the aggrieved part y. Upon completion of
any investigation, the Attorney General's Office of Civil Rights
Enforcement may transmit the results of any administrative hearing
and determination to the Equal Employment Opportunity Commission or
issue the complaining party a Not ice of a Right to Sue.
C. Should a charge of discrimination be filed with the Attorney
General's Office of Civil Rights Enforcement and not be resolved to
the satisfaction of the charging party within one hundred eighty
(180) days from the dat e of filing of such charge, the Attorney
General's Office of Civil Rights Enforcement, upon request of any
party shall issue a Notice of a R ight to Sue, which must be first
obtained in order to commence a civil action under this section.
D. All civil actions brought pursuant to a Notice of a Right to
Sue from the Attorney General's Office of Civil Rights Enforcement
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for redress against any pe rson who is alleged to have discriminated
against the charging party and against any person named as
respondent in the charge sh all be commenced in the district court o f
this state for the county in which the unlawful employment practice
is alleged to have been committed.
E. Either party in any such action shall be entitled to a jury
trial of any facts in dispute in the action.
F. The defending party may allege any def ense that is available
under Title VII of the Civil Rights Act of 1964, the Age
Discrimination in Employment Act, the Pregnancy Discrimination Act,
the Rehabilitation Act, the Americans with Disabilities Act, or the
Genetic Information Nondiscrimination Ac t.
G. If it is determined in such action that the defendant or
defendants in such actio n have discriminated against the charging
party as charged in the petition, the court may enjoin the defendant
or defendants from engaging in such unlawful employment p ractice
charged in the petition, the court may enjoin respondent from
engaging in such unlawful practice and order such affirmative action
as reinstatement or hiring of employees. A prevailing aggrieved
party shall also be entitled to backpay and an addit ional amount as
liquidated damages. Interim earnings or amounts earnable with
reasonable diligence by the person discriminated against shall
operate to reduce the backpay otherwise allowable. If an individual
was refused employment or advancement, was su spended and/or was
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discharged for legitimate reasons other than discrimination as
provided by this act, then no order of the court shall require the
hiring, reinstatement or promotion of that individual as an
employee, nor shall it order payment of any bac kpay.
H. In any action or proceeding under this section, the court
may allow a prevaili ng plaintiff or defendant a reasonable attorney
fee.
I. No action may be filed in district court as provided in this
section more than ninety (90) days after receiving a Notice of a
Right to Sue from the Attorney General 's Office of Civil Rights
Enforcement.
J. Any employer who makes an employment hire under the
provisions of this statute shall be indemnified from civil liabilit y
for causes of action directly stemming from said hire unless it can
be shown the employer in some way acted w ith reckless disregard for
public or personal safety while in some direct violation of this
act.
SECTION 3. AMENDATORY 24 O.S. 2021, Section 148, is
amended to read as follows:
Section 148. A. Prior to requesting a consumer report for
employment purposes, the requestor or user of the consumer report
shall provide written notice to the person who is the subject of the
consumer report. The notice shall inform th e consumer that a
consumer report will be used and the notice shall contain a box that
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the consumer may check to receive a copy of the consumer report. If
the consumer requests a copy of the report, the user of the co nsumer
report shall request that a cop y be provided to the consumer w hen
the user of the consumer report requests its copy from the credit
reporting agency. The report sent to the consumer shall be provided
at no charge to the consumer. As used in this s ection, "consumer
report" shall have the same meaning as that term is defined in the
federal Fair Credit Reporting Act, 15 U.S.C., Sections 1681 et seq.
B. Consumer background reports as defined by 15 U.S.C ., Section
1681 et seq., including criminal history background reports,
provided for any purpose other than law enforce ment investigation or
a pending judicial proceeding provided by any consumer reporting
agency as defined by 15 U.S.C., Section 1681 et seq., including
state agencies and political subdivisions, shall comply with the
provisions of 15 U.S.C., Section 1681 et seq., except in cases where
an applicant is seeking employment in any care or educational type
facility.
C. Prohibitions on d isclosure of certain background information
and criminal history information as provided by 15 U.S.C., Section
1681 et seq. shall be considered a confidential privilege under the
Oklahoma Open Records Act .
D. No person shall be held liable for any violation of this
section if such person shows by a preponde rance of the evidence
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that, at the time of the alleged violation, such perso n maintained
reasonable procedures to assure compliance with this section.
SECTION 4. This act shall become effective November 1, 2023.
59-1-5162 LRB 12/19/22