We have discussed several different topics in this space regarding the rights of workers and the responsibilities of employers to those workers they employ. Generally, we have focused on the rights of individual workers and how the law affects them. The reasons for this are twofold: one, most people are interested in what they themselves can do if treated unfairly and two, most employees in ...
About a month ago, we discussed what might constitute a 'hostile working environment' for Oklahoma employees who may be experiencing sexual harassment or discrimination based upon their gender or appearance. We have also previously touched on some of the basic ways to go about filing employment discrimination claims, including contacting the federal Equal Employment Opportunity Commission or the ...
This blog has previously discussed several types of minimum benefits that the federal government requires that employers provide their employees in Oklahoma and other states. These include minimum wage, certain safety conditions in the workplace, and protection from several types of discriminatory practice. One we talked about a month ago dealt with providing the option for employees to continue ...
Previously in this space, we have discussed the fact that it is illegal under federal law to discriminate against an employee on the basis of his or her military service, even if that service takes the individual away from his or her job for periods of time. The Uniformed Services Employment and Reemployment Rights Act protects the right of members of the armed forces to be free from ...
We have previously discussed a couple different types of sexual harassment or discrimination that can occur in the context of one's employment. The first is that of quid pro quo harassment. This type of illegal activity occurs when there is a specific this for that trade demanded from an employee, such as sexual favors for promotion or in order to avoid the loss of a job. While this type of ...
The past few years have brought the issue of health insurance coverage to the forefront of many people's minds. Because the great majority of workers are covered under a group insurance plans negotiated by their employers, coverage is, for many Oklahoma workers, inextricably intertwined with their jobs. But what happens when a person loses his or her job? Does he or she lose not only wages, but ...
Several weeks back, this blog discussed the way the federal 10th Circuit Court of Appeals, which covers federal courts in Oklahoma, approaches lawsuits for wrongful termination based upon discrimination when the claim is predicated on circumstantial evidence. We looked at a three-part burden shifting test the court used, following precedent from the U.S. Supreme Court. This week, let's take a look ...
About a month ago, this blog discussed the fact that when it comes to filing an employment discrimination suit in a court of law, there may be a requirement to 'exhaust all administrative remedies.' In the context of federal court, this means getting a notice of right to sue from the federal Equal Employment Opportunity Commission. However, as we pointed out then, the State of Oklahoma also has an ...
This blog has discussed previously the several types of discrimination in employment that are illegal under federal and Oklahoma law. These include discrimination on the basis of sex, religion, race, ethnicity, age or disability. We have also touched on the fact that discrimination is illegal both in the workplace itself and in the process of deciding which employees to promote or which to hire in ...
In previous posts we have examined the basics of sexual harassment claims against employers. We have talked about the fact that to be a violation, there does not necessarily have to be a request for a quid pro quo exchange of sexual acts for career advancement or hiring; simply creating an intimidating or hostile working environment is often enough. Further, as Oklahoma lists sexual harassment as ...
We have discussed before the ability of Oklahoma residents to potentially bring lawsuits in federal court due to unlawful termination based upon discrimination. Generally, these lawsuits rely on Title VII of the federal Civil Rights Act to set out a cause of action against the putatively guilty employer. But, how do courts decide whether a person has been terminated for an illegal reason in a ...
While national elections are still a year away, primary campaign season for both the Republican and Democratic parties is heating up. With many of the myriad of candidates in the news every day, Oklahoma residents may be beginning to contemplate how he or she may cast their ballots in the primaries next spring, the general election the following fall and local elections that take place every year. ...
Oklahoma law does not recognize a private cause of action that can be filed in the state's courts for discrimination in the workplace, with the exception of those cases which involve discrimination on the basis of disability. We also touched on the interplay between federal and state courts, and how the process of pursuing a claim may be different, depending on the venue. The federal and state ...
Previously, this blog discussed the basics of what sexual harassment claims entail, as well as some of the requirements to file a claim with the federal Equal Employment Opportunity Commission. Deciding to file such a claim can be a difficult and disconcerting position to be in for employees who simply want to be able to do their jobs to the best of their abilities. With that said, there are a few ...
In previous posts, we have discussed the various reasons why it is unlawful for Oklahoma employers to discriminate against employees or prospective employees. We have also touched on various potential avenues of redress for individuals that believe they have been illegally discriminated against, including the federal Equal Employment Opportunity Commission or EEOC, the state Attorney General's ...
