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Laws regarding discrimination and harassment in Oklahoma are very straightforward but they are can also be very complex. How do you know if you have been discriminated against? What is harassment? Was it one incident? Do you have grounds for a lawsuit? Can you get your job back? There are many factors involved that makes these difficult questions to answer. An experienced Oklahoma discrimination attorney can assist you in answering those questions.
Discrimination laws seek to prevent discrimination based on race, sex, religion, national origin, physical disability, and age by employers. Federal, state and local laws prohibit discrimination in hiring, promotion, job assignment, termination, compensation, and various types of harassment.. The United States Constitution and state constitutions provide additional protection where the employer is a governmental body if the government has taken significant steps to help the discriminatory practice of the employer.
An environment is "hostile" when managers or co-workers are engaging in discriminatory intimidation, ridicule, and insult, which is sufficiently severe or pervasive to change the worker's conditions of employment and create an abusive working relationship. The harassment must be objectively abusive and the worker who files the complaint also must experience it as abusive.
Important: Unless the harassment is based on race, sex, religion, national origin, physical disability, and age it can not generally be the basis of a lawsuit.
Factors that the courts use to determine whether or not the environment is sufficiently hostile to justify bringing a lawsuit include the following kinds of things:
- Frequency of the discrimination or harassment behavior
- Severity of the discrimination or harassment
- Whether the discrimination or harassment is physical or verbal
- Whether the discrimination or harassment unreasonably interferes with a worker's performance
- Affect of the discrimination or harassment on its victims.
- Workers who are in a hostile environment based on their race, color, creed, sex, place of national origin, age, or condition of disability, can bring a discrimination or harassment complaint.
Sexual harassment is a type of discrimination. It is any kind of sexual behavior that is unwelcome and/or inappropriate for the work place and is based on sex. Sexual harassment can be verbal harassment (bad comments or dirty jokes), visual harassment (sexual or embarrassing posters, cartoons, drawing, etc.), physical harassment, and sexual favors (sexual advances, confrontation with sexual demands.) In the work place, sexual harassment can come from the owner, supervisor, manager, lead person, foreperson, co-worker and/or customer. It does not need to have sexual content to be based on sex. For example, if a manager yells and screams only at women or uses sex specific names like bitch or slut, that may be sexual harassment. IMPORTANT: Employment discrimination cases have very short statutes of limitations so it is important to contact an attorney immediately if you have experienced any type of discrimination or harassment.
Contact us at our Tulsa office via email or call 918-587-8700 for a free consultation regarding your case.
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Adams Law Office PLLC
525 S Main Ste 525
Tulsa, Oklahoma 74103