Okla. Stat. tit. 12, § 12-1398
This is the official text of Okla. Stat. tit. 12, § 12-1398, part of Oklahoma’s Stat. tit. 12, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12,." Browse the sections below, each linked to its official government source.
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Injunction prohibiting workplace harassment – Employer
Official statutory text
liability.
A. As used in the Protection from Workplace Harassment and
Violence Act:
1. "Course of conduct" means a pattern of conduct composed of a
series of two or more separate acts over a period of time, however
short, evidencing a continuity of purpose;
2. "Credible threat of violence" is a knowing and willful
statement or course of conduct that would place a reasonable person
in fear for his or her safety, or the safety of his or her immediate
family, and that serves no legitimate purpose;
3. "Employer" means an individual, partnership, association or
corporation or a person or group of persons who act, directly or
indirectly, on behalf of or in the interest of an employer and with
the consent of the employer. "Employer" includes this state and any
political subdivision of this state; and
4. "Workplace harassment" means a pattern or course of conduct
that is directed toward another individual in a workplace that
includes repeated or continuing contact that would cause a
reasonable person to suffer emotional distress and that actually
causes emotional distress to the victim. "Workplace harassment"
includes, but is not limited to, credible threats of violence.
B. An employer or an authorized agent of an employer may file a
written verified petition with the district court of the county in
Oklahoma Statutes - Title 12. Civil Procedure Page 281
which the employer is located for an injunction prohibiting
workplace harassment. The petition shall state:
1. The name of the employer;
2. The name and address, if known, of the defendant; and
3. A specific statement showing the events and dates of the
acts that constitute workplace harassment toward the employer, any
employee or any person who enters the property of the employer or
who is performing official work duties on behalf of or for the
benefit of the employer.
C. Any issuance of injunctive relief on a petition filed
pursuant to this section shall be in accordance with the procedural
requirements of Chapter 24 of Title 12 of the Oklahoma Statutes. If
the court grants an ex parte or permanent injunction against
workplace harassment, the court may:
1. Restrain the defendant from coming near the property of the
employer or place of business and restrain the defendant from
contacting the employer, an employee or other person while that
employee or person is on or at the property of the employer or place
of business or is performing official work duties; and
2. Grant any other relief necessary for the protection of the
employer, the workplace, employees of the employer or any other
person who is on or at the property of the employer or place of
business or who is performing official work duties on behalf of or
for the benefit of the employer.
D. An employer shall be immune from civil liability for seeking
or failing to seek an injunction under this section unless the
employer is seeking an injunction primarily to accomplish a purpose
for which the injunction was not designed. This section shall not
be construed to:
1. Expand, diminish, alter or modify the duty of an employer to
provide a safe workplace for employees and other persons; or
2. Permit a court to issue a temporary restraining order or
injunction that prohibits speech or other activities that are
constitutionally protected or otherwise protected by law.
A. As used in the Protection from Workplace Harassment and
Violence Act:
1. "Course of conduct" means a pattern of conduct composed of a
series of two or more separate acts over a period of time, however
short, evidencing a continuity of purpose;
2. "Credible threat of violence" is a knowing and willful
statement or course of conduct that would place a reasonable person
in fear for his or her safety, or the safety of his or her immediate
family, and that serves no legitimate purpose;
3. "Employer" means an individual, partnership, association or
corporation or a person or group of persons who act, directly or
indirectly, on behalf of or in the interest of an employer and with
the consent of the employer. "Employer" includes this state and any
political subdivision of this state; and
4. "Workplace harassment" means a pattern or course of conduct
that is directed toward another individual in a workplace that
includes repeated or continuing contact that would cause a
reasonable person to suffer emotional distress and that actually
causes emotional distress to the victim. "Workplace harassment"
includes, but is not limited to, credible threats of violence.
B. An employer or an authorized agent of an employer may file a
written verified petition with the district court of the county in
Oklahoma Statutes - Title 12. Civil Procedure Page 281
which the employer is located for an injunction prohibiting
workplace harassment. The petition shall state:
1. The name of the employer;
2. The name and address, if known, of the defendant; and
3. A specific statement showing the events and dates of the
acts that constitute workplace harassment toward the employer, any
employee or any person who enters the property of the employer or
who is performing official work duties on behalf of or for the
benefit of the employer.
C. Any issuance of injunctive relief on a petition filed
pursuant to this section shall be in accordance with the procedural
requirements of Chapter 24 of Title 12 of the Oklahoma Statutes. If
the court grants an ex parte or permanent injunction against
workplace harassment, the court may:
1. Restrain the defendant from coming near the property of the
employer or place of business and restrain the defendant from
contacting the employer, an employee or other person while that
employee or person is on or at the property of the employer or place
of business or is performing official work duties; and
2. Grant any other relief necessary for the protection of the
employer, the workplace, employees of the employer or any other
person who is on or at the property of the employer or place of
business or who is performing official work duties on behalf of or
for the benefit of the employer.
D. An employer shall be immune from civil liability for seeking
or failing to seek an injunction under this section unless the
employer is seeking an injunction primarily to accomplish a purpose
for which the injunction was not designed. This section shall not
be construed to:
1. Expand, diminish, alter or modify the duty of an employer to
provide a safe workplace for employees and other persons; or
2. Permit a court to issue a temporary restraining order or
injunction that prohibits speech or other activities that are
constitutionally protected or otherwise protected by law.
Status: in_force · Read it on the official government site
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