SECTION 455:10-3-5. Discrimination

(a)   No person in the state service, whether subject to the provisions of the Merit System or in unclassified service, shall be appointed to, demoted or dismissed from any position in the state service, or in any way favored, harassed or discriminated against with respect to employment because of political or religious opinions or affiliations, race, creed, gender, color, ancestry, national origin or by physical handicap so long as the physical handicap does not make the person unable to do the work for which employed [74:840-2.9].

(b)   No agency, department, institution, board or employee shall:

(1)   separate or refuse to employ any person otherwise qualified on account of age, political or religious opinions or affiliations, race, creed, gender, color, ancestry, national origin or by handicap;

(2)   discriminate for the same reasons in regard to tenure, terms or conditions of employment;

(3)   deny promotion or increase in compensation solely for these reasons;

(4)   publish an offer of employment based on such discrimination;

(5)   adopt or enforce any rule or employment policy which so discriminates as to any employee;

(6)   seek such information as to any applicant or employee [this does not preclude information sought in accordance with any other federal or state statute]; or

(7)   discriminate in the selection of personnel for training solely on such basis [74:954].

(c)   The Commission may use the guidelines for reviewing discrimination complaints as used by the Equal Employment Opportunity Commission (EEOC) and may review court decisions and federal statutes, to include but not limited to, such statutes as the Americans with Disabilities Act (ADA), as amended by the ADA Amendments Act of 2008 (ADAAA), Age Discrimination in Employment Act (ADEA), Title VII of the Civil Rights Act, as amended and the Civil Rights Act of 1991.

[Source: Amended at 10 Ok Reg 657, eff 1-1-93 through 7-14-93 (emergency); Amended at 13 Ok Reg 3025, eff 7-15-96; Amended at 19 Ok Reg 2376, eff 7-1-02; Amended at 33 Ok Reg 1756, eff 9-11-16]

Note

EDITOR’S NOTE: This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last effective permanent text is reinstated. Therefore, on 7-15-93 (after the 7-14-93 expiration of the emergency action), the text of 455:10-3-5 reverted back to the permanent text as it existed prior to 1-1-93, and remained as such until amended by permanent action on 7-15-96.