Oklahoma HB 2867: Labor; discrimination; modifying payment of discriminatory wages; making certain acts unlawful; modifying penalties; effective date.

Bill Text

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STATE OF OKLAHOMA

2nd Session of the 57th Legislature (2020)

HOUSE BILL 2867 By: Pae

AS INTRODUCED

An Act relating to labor; amending 40 O.S. 2011,
Sections 198.1, 198.2 and 199, which relate to
discrimination; modifying payment of discriminatory
wages; making certain acts unlawful; providing
certain exemptions; providing for penalties;
requiring Commissioner of Labor to create electronic
complaint submission form regarding employment
discrimination; modifying penalties; modifying
prohibition of certain actions against employees;
modifying penalties; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 40 O.S. 2011, Section 198.1, is
amended to read as follows:
Section 198.1 A. It shall be unlawful for any employer within
the State of Oklahoma to willfully pay wages to women employees at a
rate less than the rate at which he the employer pays any employee
of the opposite sex for comparable work on jobs which have
comparable requirements relating to skill, effort and
responsibility, except where such payment is made pursuant to a
seniority system; a merit system; a system which measures earnings

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by quantity or quality of production; or a differential based on any
factor other than sex.
B. It shall be unlawful to discriminate in the selection of job
applications, interviewing of job applicants, hiring of job
applicants, firing of employees, treatment of employees, or payment
of wages on the basis of race, color, sex, gender, age, religion,
national origin, mental or physical disability, genetic information,
sexual orientation, prior arrests excluding convictions, military
status, domestic violence victim status, political activity or
political affiliation. Failing to hire, refusing to hire, making
work conditions exceptionally unbearable, instilling fear,
segregating, and any definition of discrimination as defined by 42
U.S.C., Section 21 are considered nonexhaustive definitions of
discrimination for the purposes of this section.
C. An employer that acts exclusively as a religious not-for-
profit organization, whose primary purpose is to advocate the
beliefs of a religion, shall be exempt from the provisions in
subsection B of this section pertaining to discrimination on the
basis of religion or sexual orientation.
D. Any employer, or agent thereof, found to have discriminated
against an employee, interviewee or job applicant shall be deemed
guilty of a misdemeanor and shall, upon conviction thereof, be
punished by a fine of not less than Five Thousand Dollars
($5,000.00) nor more than Fifty Thousand Dollars ($50,000.00) and,

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at judicial discretion, imprisoned in the county jail for not more
than ten (10) days. The convicted party shall pay punitive damages
to the victim of no less than twice the amount of the fine. The
convicted party shall also pay compensatory damages to the victim in
the form of one and one-half (1 and 1/2) times the amount of any
lost or foregone wages. The convicted party shall pay all attorney
fees, related medical fees, court costs and other billed legal costs
of the victim.
SECTION 2. AMENDATORY 40 O.S. 2011, Section 198.2, is
amended to read as follows:
Section 198.2 It shall be the duty of the Commissioner of Labor
to enforce the provisions of this act. The Commissioner shall
create an electronic complaint submission form on the Internet
website of the Department of Labor pertaining to the reporting and
evidence-gathering of wage and employment discrimination. The
electronic complaint submission form is to be displayed in a
conspicuous manner on the Internet website. The Commissioner is
further instructed to provide complainants with resources
instructing them of their rights under state law, federal law and,
if applicable, municipal ordinance. Whenever the Commissioner is
informed of any violations thereof of this act, it shall be his or
her duty to investigate same and, in his or her discretion, said
Commissioner is hereby authorized to institute proceedings for the
enforcement of penalties herein provided before any court of

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competent jurisdiction. Any employer who violates the provisions of
this act shall be deemed guilty of a misdemeanor and shall, upon
conviction thereof, be punished by a fine of not less than
Twenty-five Dollars ($25.00) Five Thousand Dollars ($5,000.00) nor
more than One Hundred Dollars ($100.00) Twenty Thousand Dollars
($20,000.00) and, at judicial discretion, imprisoned in the county
jail for not more than five (5) days. The convicted party shall pay
punitive damages to the victim of no less than twice the amount of
the fine. The convicted party shall also pay c