Okla. Stat. tit. 85A, § 85A-7
This is the official text of Okla. Stat. tit. 85A, § 85A-7, part of Oklahoma’s Stat. tit. 85A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 85A,." Browse the sections below, each linked to its official government source.
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Discrimination or retaliation
Official statutory text
A. An employer may not retaliate against an employee when the
employee has in good faith:
1. Filed a claim under this act;
2. Retained a lawyer for representation regarding a claim under
this act;
3. Instituted or caused to be instituted any proceeding under
the provisions of this act; or
4. Testified or is about to testify in any proceeding under the
provisions of this act.
B. The district courts shall have exclusive jurisdiction to
hear and decide claims based on this section.
C. An employer which violates any provision of this section
shall be liable in a district court action for reasonable damages,
actual and punitive if applicable, suffered by an employee as a
result of the violation. Exemplary or punitive damage awards made
pursuant to this section shall not exceed One Hundred Thousand
Dollars ($100,000.00). The employee shall have the burden of proof
by a preponderance of the evidence.
D. The prevailing party shall be entitled to recover costs and
a reasonable attorney fee.
E. No employer may discharge an employee during a period of
temporary total disability for the sole reason of being absent from
work or for the purpose of avoiding payment of temporary total
disability benefits to the injured employee.
F. Notwithstanding any other provision of this section, an
employer shall not be required to rehire or retain an employee who,
after temporary total disability has been exhausted, is determined
by a physician to be physically unable to perform his or her
assigned duties, or whose position is no longer available.
G. This section shall not be construed as establishing an
exception to the employment-at-will doctrine.
H. The remedies provided for in this section shall be exclusive
with respect to any claim arising out of the conduct described in
subsection A of this section.
employee has in good faith:
1. Filed a claim under this act;
2. Retained a lawyer for representation regarding a claim under
this act;
3. Instituted or caused to be instituted any proceeding under
the provisions of this act; or
4. Testified or is about to testify in any proceeding under the
provisions of this act.
B. The district courts shall have exclusive jurisdiction to
hear and decide claims based on this section.
C. An employer which violates any provision of this section
shall be liable in a district court action for reasonable damages,
actual and punitive if applicable, suffered by an employee as a
result of the violation. Exemplary or punitive damage awards made
pursuant to this section shall not exceed One Hundred Thousand
Dollars ($100,000.00). The employee shall have the burden of proof
by a preponderance of the evidence.
D. The prevailing party shall be entitled to recover costs and
a reasonable attorney fee.
E. No employer may discharge an employee during a period of
temporary total disability for the sole reason of being absent from
work or for the purpose of avoiding payment of temporary total
disability benefits to the injured employee.
F. Notwithstanding any other provision of this section, an
employer shall not be required to rehire or retain an employee who,
after temporary total disability has been exhausted, is determined
by a physician to be physically unable to perform his or her
assigned duties, or whose position is no longer available.
G. This section shall not be construed as establishing an
exception to the employment-at-will doctrine.
H. The remedies provided for in this section shall be exclusive
with respect to any claim arising out of the conduct described in
subsection A of this section.
Status: in_force · Read it on the official government site
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