1| STATE OF OKLAHOMA | | | 2| 1st Session of the 59th Legislature (2023) | | | 3|HOUSE BILL 2119 By: Swope | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to discrimination; amending 25 O.S. | | 2021, Sections 1101, 1302, 1303, 1304, 1305, 1306, | 8| and 1452, which relate to discriminatory practices; | | modifying what constitutes a discriminatory practice; | 9| and providing an effective date. | | | 10| | | | 11| | | | 12| | | | 13|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 14| SECTION 1. AMENDATORY 25 O.S. 2021, Section 1101, is | | | 15|amended to read as follows: | | | 16| Section 1101. A. This act provides for exclusive remedies | | | 17|within the state of the policies for individuals alleging | | | 18|discrimination in employment on the basis of race, color, national | | | 19|origin, sex, gender identity, gender expression, sexual orientation, | | | 20|religion, creed, age, disability or genetic information. | | | 21| B. This act shall be construed according to the fair import of | | | 22|its terms to further the general purposes stated in this section and | | | 23|the special purposes of the particular provision involved. | | | 24| | | | Req. No. 6730 Page 1 ___________________________________________________________________________
1| SECTION 2. AMENDATORY 25 O.S. 2021, Section 1302, is | | | 2|amended to read as follows: | | | 3| Section 1302. A. It is a discriminatory practice for an | | | 4|employer: | | | 5| 1. To fail or refuse to hire, to discharge, or otherwise to | | | 6|discriminate against an individual with respect to compensation or | | | 7|the terms, conditions, privileges or responsibilities of employment, | | | 8|because of race, color, religion, sex, gender identity, gender | | | 9|expression, sexual orientation, national origin, age, genetic | | | 10|information or disability, unless the employer can demonstrate that | | | 11|accommodation for the disability would impose an undue hardship on | | | 12|the operation of the business of such employer; or | | | 13| 2. To limit, segregate, or classify an employee or applicant | | | 14|for employment in a way which would deprive or tend to deprive an | | | 15|individual of employment opportunities or otherwise adversely affect | | | 16|the status of an employee, because of race, color, religion, sex, | | | 17|gender identity, gender expression, sexual orientation, national | | | 18|origin, age, genetic information or disability, unless the employer | | | 19|can demonstrate that accommodation for the disability would impose | | | 20|an undue hardship on the operation of the business of such employer. | | | 21| B. This section does not apply to the employment of an | | | 22|individual by his or her parents, spouse, or child or to employment | | | 23|in the domestic service of the employer. | | | 24| | | | Req. No. 6730 Page 2 ___________________________________________________________________________
1| SECTION 3. AMENDATORY 25 O.S. 2021, Section 1303, is | | | 2|amended to read as follows: | | | 3| Section 1303. It is a discriminatory practice for an employment | | | 4|agency to fail or refuse to refer for employment, or otherwise to | | | 5|discriminate against, an individual because of race, color, | | | 6|religion, sex, gender identity, gender expression, sexual | | | 7|orientation, national origin, age, genetic information or | | | 8|disability, unless the agency can demonstrate that accommodation for | | | 9|the disability would impose an undue hardship on the operation of | | | 10|the business of such agency, or to classify or refer for employment | | | 11|an individual on the basis of race, color, religion, sex, gender | | | 12|identity, gender expression, sexual orientation, national origin, | | | 13|age, genetic information or disability, unless the agency can | | | 14|demonstrate that accommodation for the disability would impose an | | | 15|undue hardship on the operation of the business of such agency. | | | 16| SECTION 4. AMENDATORY 25 O.S. 2021, Section 1304, is | | | 17|amended to read as follows: | | | 18| Section 1304. It is a discriminatory practice for a labor | | | 19|organization: | | | 20| 1. To exclude or to expel from membership, or otherwise to | | | 21|discriminate against, a member or applicant for membership because | | | 22|of race, color, religion, sex, gender identity, gender expression, | | | 23|sexual orientation, national origin, age, genetic information or | | | 24|disability, unless the organization can demonstrate that | | | Req. No. 6730 Page 3 ___________________________________________________________________________
1|accommodation for the disability would impose an undue hardship on | | | 2|the operation of the business of such organization; | | | 3| 2. To limit, segregate, or classify membership, or to classify | | | 4|or to fail or refuse to refer for employment an individual in a way: | | | 5| a. which would deprive or tend to deprive an individual | | | 6| of employment opportunities, or | | | 7| b. which would limit employment opportunities or | | | 8| otherwise adversely affect the status of an employee | | | 9| or of an applicant for employment, because of race, | | | 10| color, religion, sex, gender identity, gender | | | 11| expression, sexual orientation, national origin, age, | | | 12| genetic information or disability, unless the | | | 13| organization can demonstrate that accommodation for | | | 14| the disability would impose an undue hardship on the | | | 15| operation of the business of such organization; or | | | 16| 3. To cause or attempt to cause an employer to violate Section | | | 17|1101 et seq. of this title. | | | 18| SECTION 5. AMENDATORY 25 O.S. 2021, Section 1305, is | | | 19|amended to read as follows: | | | 20| Section 1305. It is a discriminatory practice for an employer, | | | 21|labor organization, or joint labor-management committee controlling | | | 22|apprenticeship, on-the-job, or other training or retraining program, | | | 23|to discriminate against an individual because of race, color, | | | 24|religion, sex, gender identity, gender expression, sexual | | | Req. No. 6730 Page 4 ___________________________________________________________________________
1|orientation, national origin, age, genetic information or | | | 2|disability, unless the employer, organization or committee can | | | 3|demonstrate that accommodation for the disability would impose an | | | 4|undue hardship on the operation of the business of such employer, | | | 5|organization or committee, in admission to, or employment in, a | | | 6|program established to provide apprenticeship or other training. | | | 7| SECTION 6. AMENDATORY 25 O.S. 2021, Section 1306, is | | | 8|amended to read as follows: | | | 9| Section 1306. It is a discriminatory practice for an employer, | | | 10|labor organization, or employment agency to print or publish or | | | 11|cause to be printed or published a notice or advertisement relating | | | 12|to employment by the employer or membership in or a classification | | | 13|or referral for employment by the labor organization, or relating to | | | 14|a classification or referral for employment by the employment | | | 15|agency, indicating a preference, limitation, specification, or | | | 16|discrimination, based on race, color, religion, sex, gender | | | 17|identity, gender expression, sexual orientation, national origin, | | | 18|age, genetic information or disability, unless the employer, | | | 19|organization or agency can demonstrate that accommodation for the | | | 20|disability would impose an undue hardship on the operation of the | | | 21|business of such employer, organization or agency; but a notice or | | | 22|advertisement may indicate a preference, limitation, specification, | | | 23|or discrimination based on religion, sex, or national origin when | | | 24| | | | Req. No. 6730 Page 5 ___________________________________________________________________________
1|religion, sex, or national origin is a bona fide occupational | | | 2|qualification for employment. | | | 3| SECTION 7. AMENDATORY 25 O.S. 2021, Section 1452, is | | | 4|amended to read as follows: | | | 5| Section 1452. A. It shall be an unlawful discriminatory | | | 6|housing practice for any person, or any agent or employee of such | | | 7|person: | | | 8| 1. To refuse to sell or rent after the making of a bona fide | | | 9|offer, or to refuse to negotiate for the sale or rental of any | | | 10|housing, or otherwise make unavailable or deny any housing because | | | 11|of race, color, religion, gender, gender identity, gender | | | 12|expression, sexual orientation, national origin, age, familial | | | 13|status, or disability; | | | 14| 2. To discriminate against any person in the terms, conditions, | | | 15|or privileges of sale or rental of housing, or in the provision of | | | 16|services or facilities in connection with any housing because of | | | 17|race, color, religion, gender, gender identity, gender expression, | | | 18|sexual orientation, national origin, age, familial status, or | | | 19|disability; | | | 20| 3. To make, print, publish, or cause to be made, printed, or | | | 21|published any notice, statement, or advertisement, with respect to | | | 22|the sale or rental of housing that indicates any preference, | | | 23|limitation, discrimination, or intention to make any such | | | 24|preference, limitation, or discrimination because of race, color, | | | Req. No. 6730 Page 6 ___________________________________________________________________________
1|religion, gender, gender identity, gender expression, sexual | | | 2|orientation, national origin, age, familial status, or disability; | | | 3| 4. To represent to any person, for reasons of discrimination, | | | 4|that any housing is not available for inspection, sale, or rental | | | 5|when such housing is in fact so available because of race, color, | | | 6|religion, gender, gender identity, gender expression, sexual | | | 7|orientation, national origin, age, familial status, or disability; | | | 8| 5. To deny any person access to, or membership or participation | | | 9|in, a multiple-listing service, real estate brokers' organization or | | | 10|other service, organization, or facility relating to the business of | | | 11|selling or renting dwellings, or discriminate against a person in | | | 12|the terms or conditions of access, membership, or participation in | | | 13|such an organization, service, or facility because of race, color, | | | 14|religion, gender, gender identity, gender expression, sexual | | | 15|orientation, national origin, age, familial status, or disability; | | | 16| 6. To include in any transfer, sale, rental, or lease of | | | 17|housing any restrictive covenant that discriminates, or for any | | | 18|person to honor or exercise, or attempt to honor or exercise, any | | | 19|discriminatory covenant pertaining to housing because of race, | | | 20|color, religion, gender, gender identity, gender expression, sexual | | | 21|orientation, national origin, age, familial status, or disability; | | | 22| 7. To refuse to consider the income of both applicants when | | | 23|both applicants seek to buy or lease housing because of race, color, | | | 24| | | | Req. No. 6730 Page 7 ___________________________________________________________________________
1|religion, gender, gender identity, gender expression, sexual | | | 2|orientation, national origin, age, familial status, or disability; | | | 3| 8. To refuse to consider as a valid source of income any public | | | 4|assistance, alimony, or child support, awarded by a court, when that | | | 5|source can be verified as to its amount, length of time received, | | | 6|regularity, or receipt because of race, color, religion, gender, | | | 7|gender identity, gender expression, sexual orientation, national | | | 8|origin, age, familial status, or disability; | | | 9| 9. To discriminate against a person in the terms, conditions, | | | 10|or privileges relating to the obtaining or use of financial | | | 11|assistance for the acquisition, construction, rehabilitation, | | | 12|repair, or maintenance of any housing because of race, color, | | | 13|religion, gender, gender identity, gender expression, sexual | | | 14|orientation, national origin, age, familial status, or disability; | | | 15| 10. To discharge, demote, or discriminate in matters of | | | 16|compensation or working conditions against any employee or agent | | | 17|because of the obedience of the employee or agent to the provisions | | | 18|of this section; | | | 19| 11. To solicit or attempt to solicit the listing of housing for | | | 20|sale or lease, by door to door solicitation, in person, or by | | | 21|telephone, or by distribution of circulars, if one of the purposes | | | 22|is to change the racial composition of the neighborhood; | | | 23| 12. To knowingly induce or attempt to induce another person to | | | 24|transfer an interest in real property, or to discourage another | | | Req. No. 6730 Page 8 ___________________________________________________________________________
1|person from purchasing real property, by representations regarding | | | 2|the existing or potential proximity of real property owned, used, or | | | 3|occupied by persons of any particular race, color, religion, gender, | | | 4|gender identity, gender expression, sexual orientation, national | | | 5|origin, age, familial status or disability, or to represent that | | | 6|such existing or potential proximity shall or may result in: | | | 7| a. the lowering of property values, | | | 8| b. a change in the racial, religious, or ethnic character | | | 9| of the block, neighborhood, or area in which the | | | 10| property is located, | | | 11| c. an increase in criminal or antisocial behavior in the | | | 12| area, or | | | 13| d. a decline in quality of the schools serving the area; | | | 14| 13. To refuse to rent or lease housing to a blind, deaf, or | | | 15|disabled person on the basis of the person's use or possession of a | | | 16|bona fide, properly trained guide, signal, or service dog; | | | 17| 14. To demand the payment of an additional nonrefundable fee or | | | 18|an unreasonable deposit for rent from a blind, deaf, or disabled | | | 19|person for such dog. Such blind, deaf, or disabled person may be | | | 20|liable for any damage done to the dwelling by such dog; | | | 21| 15. a. to discriminate in the sale or rental or otherwise | | | 22| make available or deny a dwelling to any buyer or | | | 23| renter because of a disability of: | | | 24| (1) that buyer or renter, | | | Req. No. 6730 Page 9 ___________________________________________________________________________
1| (2) a person residing in or intending to reside in | | | 2| that dwelling after it is sold, rented, or made | | | 3| available, or | | | 4| (3) any person associated with that buyer or renter, | | | 5| or | | | 6| b. to discriminate against any person in the terms, | | | 7| conditions, or privileges of sale or rental of a | | | 8| dwelling or in the provision of services or facilities | | | 9| in connection with the dwelling because of a | | | 10| disability of: | | | 11| (1) that person, | | | 12| (2) a person residing in or intending to reside in | | | 13| that dwelling after it is so sold, rented, or | | | 14| made available, or | | | 15| (3) any person associated with that person; | | | 16| 16. For purposes of disability discrimination in housing | | | 17|pursuant to Sections 1451 through 1453 of this title, discrimination | | | 18|includes: | | | 19| a. a refusal to permit, at the expense of the disabled | | | 20| person, reasonable modifications of existing premises | | | 21| occupied or to be occupied by the person if the | | | 22| modifications may be necessary to afford the person | | | 23| full enjoyment of the premises, provided that such | | | 24| person also provides a surety bond guaranteeing | | | Req. No. 6730 Page 10 ___________________________________________________________________________
1| restoration of the premises to their prior condition, | | | 2| if necessary to make the premises suitable for | | | 3| nondisabled tenants, | | | 4| b. a refusal to make reasonable accommodations in rules, | | | 5| policies, practices, or services, when the | | | 6| accommodations may be necessary to afford the person | | | 7| equal opportunity to use and enjoy a dwelling, or | | | 8| c. in connection with the design and construction of | | | 9| covered multifamily dwellings for first occupancy | | | 10| thirty (30) months after the date of enactment of the | | | 11| federal Fair Housing Amendments Act of 1988 (Public | | | 12| Law 100-430), a failure to design and construct those | | | 13| dwellings in a manner that: | | | 14| (1) the public use and common use portions of the | | | 15| dwellings are readily accessible to and usable by | | | 16| disabled persons, | | | 17| (2) all the doors designed to allow passage into and | | | 18| within all premises within the dwellings are | | | 19| sufficiently wide to allow passage by disabled | | | 20| persons in wheelchairs, and | | | 21| (3) all premises within the dwellings contain the | | | 22| following features of adaptive design: | | | 23| (a) an accessible route into and through the | | | 24| dwelling, | | | Req. No. 6730 Page 11 ___________________________________________________________________________
1| (b) light switches, electrical outlets, | | | 2| thermostats, and other environmental | | | 3| controls in accessible locations, | | | 4| (c) reinforcements in bathroom walls to allow | | | 5| later installation of grab bars, and | | | 6| (d) usable kitchen and bathrooms so that an | | | 7| individual in a wheelchair can maneuver | | | 8| about the space, | | | 9| (4) compliance with the appropriate requirements of | | | 10| the American National Standard for buildings and | | | 11| facilities providing accessibility and usability | | | 12| for physically disabled people, commonly cited as | | | 13| "ANSI A 117.1", suffices to satisfy the | | | 14| requirements of division (3) of this | | | 15| subparagraph, | | | 16| (5) as used in this subsection, the term "covered | | | 17| multifamily dwellings" means: | | | 18| (a) buildings consisting of four or more units | | | 19| if the buildings have one or more elevators, | | | 20| and | | | 21| (b) ground floor units in other buildings | | | 22| consisting of four or more units, | | | 23| (6) nothing in this subsection requires that a | | | 24| dwelling be made available to an individual whose | | | Req. No. 6730 Page 12 ___________________________________________________________________________
1| tenancy would constitute a direct threat to the | | | 2| health or safety of other individuals or whose | | | 3| tenancy would result in substantial physical | | | 4| damage to the property of others; or | | | 5| 17. a. A person whose business includes engaging in | | | 6| residential real estate related transactions may not | | | 7| discriminate against a person in making a real estate | | | 8| related transaction available or in the terms or | | | 9| conditions of a real estate related transaction | | | 10| because of race, color, religion, gender, gender | | | 11| identity, gender expression, sexual orientation, | | | 12| disability, familial status, national origin or age. | | | 13| b. In this section, "residential real estate related | | | 14| transaction" means: | | | 15| (1) making or purchasing loans or providing other | | | 16| financial assistance: | | | 17| (a) to purchase, construct, improve, repair, or | | | 18| maintain a dwelling, or | | | 19| (b) to secure residential real estate, or | | | 20| (2) selling, brokering, or appraising residential | | | 21| real property. | | | 22| B. This section does not prohibit discrimination against a | | | 23|person because the person has been convicted under federal law or | | | 24| | | | Req. No. 6730 Page 13 ___________________________________________________________________________
1|the law of any state of the illegal manufacture or distribution of a | | | 2|controlled substance. | | | 3| C. No other categories or classes of persons are protected | | | 4|pursuant to Sections 1451 through 1453 of this title. The Attorney | | | 5|General's Office of Civil Rights Enforcement shall have no authority | | | 6|or jurisdiction to act on complaints based on any kind of | | | 7|discrimination other than those kinds of discrimination prohibited | | | 8|pursuant to Section 1101 et seq. of this title or any other | | | 9|specifically authorized by law. | | | 10| SECTION 8. This act shall become effective November 1, 2023. | | | 11| | | | 12| 59-1-6730 CMA 01/18/23 | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 6730 Page 14