1| STATE OF OKLAHOMA | | | 2| 1st Session of the 59th Legislature (2023) | | | 3|HOUSE BILL 1065 By: Talley | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to definitions and general | | provisions; amending 25 O.S. 2021, Sections 1302 and | 8| 1350, which relate to discrimination in employment; | | adding criminal history to discriminatory practices; | 9| providing for indemnification; amending 24 O.S. 2021, | | Section 148, which relates to the Credit Services | 10| Organization Act; requiring compliance with federal | | law; making certain information confidential; and | 11| providing an effective date. | | | 12| | | | 13| | | | 14|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 15| SECTION 1. AMENDATORY 25 O.S. 2021, Section 1302, is | | | 16|amended to read as follows: | | | 17| Section 1302. A. It is a discriminatory practice for an | | | 18|employer: | | | 19| 1. To fail or refuse to hire, to discharge, or otherwise to | | | 20|discriminate against an individual with respect to compensation or | | | 21|the terms, conditions, privileges or responsibilities of employment, | | | 22|because of race, color, religion, sex, national origin, age, genetic | | | 23|information, prior criminal history, or disability, unless the | | | 24|employer can demonstrate that accommodation for the disability would | | | Req. No. 5162 Page 1 ___________________________________________________________________________
1|impose an undue hardship on the operation of the business of such | | | 2|employer or that the prior criminal history directly bears upon the | | | 3|performance of the job responsibilities in a way that demonstrably | | | 4|and reasonably endangers co-workers, the business, or the general | | | 5|public; or | | | 6| 2. To limit, segregate, or classify an employee or applicant | | | 7|for employment in a way which would deprive or tend to deprive an | | | 8|individual of employment opportunities or otherwise adversely affect | | | 9|the status of an employee, because of race, color, religion, sex, | | | 10|national origin, age, genetic information, prior criminal history, | | | 11|or disability, unless the employer can demonstrate that | | | 12|accommodation for the disability would impose an undue hardship on | | | 13|the operation of the business of such employer or that the prior | | | 14|criminal history directly bears upon the performance of the job | | | 15|responsibilities in a way that demonstrably and reasonably endangers | | | 16|co-workers, the business, or the general public. | | | 17| B. This section does not apply to the employment of an | | | 18|individual by his or her parents, spouse, or child or to employment | | | 19|in the domestic service of the employer. | | | 20| SECTION 2. AMENDATORY 25 O.S. 2021, Section 1350, is | | | 21|amended to read as follows: | | | 22| Section 1350. A. A cause of action for employment-based | | | 23|discrimination is hereby created and any common law remedies are | | | 24|hereby abolished. | | | Req. No. 5162 Page 2 ___________________________________________________________________________
1| B. In order to have standing in a court of law to allege | | | 2|discrimination arising from an employment-related matter, in a cause | | | 3|of action against an employer for discrimination based on race, | | | 4|color, religion, sex, national origin, age, prior criminal history, | | | 5|disability, genetic information with respect to the employee, or | | | 6|retaliation, an aggrieved party must, within one hundred eighty | | | 7|(180) days from the last date of alleged discrimination, file a | | | 8|charge of discrimination in employment with the Attorney General's | | | 9|Office of Civil Rights Enforcement or the Equal Employment | | | 10|Opportunity Commission alleging the basis of discrimination believed | | | 11|to have been perpetrated on the aggrieved party. Upon completion of | | | 12|any investigation, the Attorney General's Office of Civil Rights | | | 13|Enforcement may transmit the results of any administrative hearing | | | 14|and determination to the Equal Employment Opportunity Commission or | | | 15|issue the complaining party a Notice of a Right to Sue. | | | 16| C. Should a charge of discrimination be filed with the Attorney | | | 17|General's Office of Civil Rights Enforcement and not be resolved to | | | 18|the satisfaction of the charging party within one hundred eighty | | | 19|(180) days from the date of filing of such charge, the Attorney | | | 20|General's Office of Civil Rights Enforcement, upon request of any | | | 21|party shall issue a Notice of a Right to Sue, which must be first | | | 22|obtained in order to commence a civil action under this section. | | | 23| D. All civil actions brought pursuant to a Notice of a Right to | | | 24|Sue from the Attorney General's Office of Civil Rights Enforcement | | | Req. No. 5162 Page 3 ___________________________________________________________________________
1|for redress against any person who is alleged to have discriminated | | | 2|against the charging party and against any person named as | | | 3|respondent in the charge shall be commenced in the district court of | | | 4|this state for the county in which the unlawful employment practice | | | 5|is alleged to have been committed. | | | 6| E. Either party in any such action shall be entitled to a jury | | | 7|trial of any facts in dispute in the action. | | | 8| F. The defending party may allege any defense that is available | | | 9|under Title VII of the Civil Rights Act of 1964, the Age | | | 10|Discrimination in Employment Act, the Pregnancy Discrimination Act, | | | 11|the Rehabilitation Act, the Americans with Disabilities Act, or the | | | 12|Genetic Information Nondiscrimination Act. | | | 13| G. If it is determined in such action that the defendant or | | | 14|defendants in such action have discriminated against the charging | | | 15|party as charged in the petition, the court may enjoin the defendant | | | 16|or defendants from engaging in such unlawful employment practice | | | 17|charged in the petition, the court may enjoin respondent from | | | 18|engaging in such unlawful practice and order such affirmative action | | | 19|as reinstatement or hiring of employees. A prevailing aggrieved | | | 20|party shall also be entitled to backpay and an additional amount as | | | 21|liquidated damages. Interim earnings or amounts earnable with | | | 22|reasonable diligence by the person discriminated against shall | | | 23|operate to reduce the backpay otherwise allowable. If an individual | | | 24|was refused employment or advancement, was suspended and/or was | | | Req. No. 5162 Page 4 ___________________________________________________________________________
1|discharged for legitimate reasons other than discrimination as | | | 2|provided by this act, then no order of the court shall require the | | | 3|hiring, reinstatement or promotion of that individual as an | | | 4|employee, nor shall it order payment of any backpay. | | | 5| H. In any action or proceeding under this section, the court | | | 6|may allow a prevailing plaintiff or defendant a reasonable attorney | | | 7|fee. | | | 8| I. No action may be filed in district court as provided in this | | | 9|section more than ninety (90) days after receiving a Notice of a | | | 10|Right to Sue from the Attorney General's Office of Civil Rights | | | 11|Enforcement. | | | 12| J. Any employer who makes an employment hire under the | | | 13|provisions of this statute shall be indemnified from civil liability | | | 14|for causes of action directly stemming from said hire unless it can | | | 15|be shown the employer in some way acted with reckless disregard for | | | 16|public or personal safety while in some direct violation of this | | | 17|act. | | | 18| SECTION 3. AMENDATORY 24 O.S. 2021, Section 148, is | | | 19|amended to read as follows: | | | 20| Section 148. A. Prior to requesting a consumer report for | | | 21|employment purposes, the requestor or user of the consumer report | | | 22|shall provide written notice to the person who is the subject of the | | | 23|consumer report. The notice shall inform the consumer that a | | | 24|consumer report will be used and the notice shall contain a box that | | | Req. No. 5162 Page 5 ___________________________________________________________________________
1|the consumer may check to receive a copy of the consumer report. If | | | 2|the consumer requests a copy of the report, the user of the consumer | | | 3|report shall request that a copy be provided to the consumer when | | | 4|the user of the consumer report requests its copy from the credit | | | 5|reporting agency. The report sent to the consumer shall be provided | | | 6|at no charge to the consumer. As used in this section, "consumer | | | 7|report" shall have the same meaning as that term is defined in the | | | 8|federal Fair Credit Reporting Act, 15 U.S.C., Sections 1681 et seq. | | | 9| B. Consumer background reports as defined by 15 U.S.C., Section | | | 10|1681 et seq., including criminal history background reports, | | | 11|provided for any purpose other than law enforcement investigation or | | | 12|a pending judicial proceeding provided by any consumer reporting | | | 13|agency as defined by 15 U.S.C., Section 1681 et seq., including | | | 14|state agencies and political subdivisions, shall comply with the | | | 15|provisions of 15 U.S.C., Section 1681 et seq., except in cases where | | | 16|an applicant is seeking employment in any care or educational type | | | 17|facility. | | | 18| C. Prohibitions on disclosure of certain background information | | | 19|and criminal history information as provided by 15 U.S.C., Section | | | 20|1681 et seq. shall be considered a confidential privilege under the | | | 21|Oklahoma Open Records Act. | | | 22| D. No person shall be held liable for any violation of this | | | 23|section if such person shows by a preponderance of the evidence | | | 24| | | | Req. No. 5162 Page 6 ___________________________________________________________________________
1|that, at the time of the alleged violation, such person maintained | | | 2|reasonable procedures to assure compliance with this section. | | | 3| SECTION 4. This act shall become effective November 1, 2023. | | | 4| | | | 5| 59-1-5162 LRB 12/19/22 | | | 6| | | | 7| | | | 8| | | | 9| | | | 10| | | | 11| | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 5162 Page 7