Discrimination at work occurs when a subordinate, coworker, or supervisor treats an employee or group of employees differently because of his or her membership in a legally protected category. The protected categories include race, gender, sexual orientation, national origin, religion, age, disability, pregnancy, military status, and genetic information.

These classifications are provided for in:

• Title VII of the Civil Rights Act of 1964

• Americans with Disabilities Act

• Equal Pay Act

• Pregnancy Discrimination Act

• Age Discrimination in Employment Act

• Family and Medical Leave Act

• Uniformed Services Employment and Reemployment Rights Act

• Genetic Information Nondiscrimination Act

• Oklahoma Anti-Discrimination Act (OADA).

Workers who have experienced discrimination may file a claim to receive back pay or compensatory damages (money compensating for the loss), punitive damages, and/or injunctive relief, which would prevent the employer from continuing the discriminatory act. Christina will assist an affected employee through determining the appropriate administrative agency or court where a claim should be heard and the time allocated under the statute of limitations.

Oklahoma is an at-will employment state and not all employment terminations are illegal. However, certain classes are protected by federal anti-discrimination law and the OADA and cannot be used as a basis to end employment. An employer also may not dismiss an employee as a form of retaliation for alleging misconduct or discrimination. Any employee let go under these circumstances has been wrongfully discharged.

Each case is different and trying to determine the best course of action can be complicated without a deeper understanding of the law. Christina will work for efficient resolution for a wrongfully discharged employee.

If an employee faces harassment at work, negative feedback from superiors, decreased wages, demotion, or loss of employment in return for reporting unlawful conduct by their employer, it qualifies as retaliation. This can occur to employees addressing the following:

• Worker’s Compensation. When an employee is met with negative consequences in return for filing a Workers’ Compensation claim, this is considered Workers’ Compensation retaliation and is illegal under Oklahoma statute §85A-7. An employee is allowed to file a Workers’ Compensation claim, retain a lawyer for representation in the matter, institute a proceeding regarding the complaint, testify at the same, and may elect to participate (or not participate) in a workplace medical plan.

• Family Medical Leave Act (FMLA). An employee entitled to take leave under the FMLA is protected by federal law and employers may not retaliate against any employee who has chosen to take time away from work in accordance with the FMLA.

• Wage and hour claim. Under the Fair Labor Standards Act and overtime and minimum wage laws at both the state and federal levels, all workers must be fairly compensated for the hours they have worked. If an employee files a claim with the Commissioner of Labor alleging violation of these laws, the employer must provide payment records to dispute the claim or will be ordered to pay the withheld wages.

• Whistleblower. Someone who has reported illegal activity by his or her employer is known as a whistleblower and is protected by the Oklahoma Whistleblower Act. Under the WPA, an employee may file a claim with the Oklahoma Merit Protection Board if they believe a violation of laws has occurred.

• Participating in a complaint process. Providing evidence to an investigating authority in support of a claim against your employer or acting as a witness against the employer in matters involving unlawful discrimination is protected by law.

• Discrimination

• Sexual Harassment

Christina will guide the claimant through gathering evidence to prove that an employer has violated an employee’s protected action or classification. Successful retaliation claims brought to district court can result in an employee receiving from the defendant employer damages and more.

When an employee has endured workplace discrimination, been wrongfully discharged, or dealt with retaliation, they may find their best remedy to be through an administrative agency and/or filing a lawsuit in court:

• Oklahoma Civil Rights Enforcement (OCRE): State administrative agency that is part of the Oklahoma Attorney General’s Office and formerly known as the Oklahoma Human Rights Commission (OHRC). Claimants have 180 days from date of discrimination to file a Title VII Complaint to be heard by the OCRE. The agency may choose to bring a complaint to court on behalf of the complainant.

• Equal Employment Opportunity Commission (EEOC): Federal administrative agency which conducts investigations involving violation of federal law by an employer with at least 15 employees. Claimants have 180 days from the date of discrimination to file a claim with the EEOC. The agency is tasked with gathering evidence, interviewing witnesses, and notifying an employer of the charge. The EEOC can recommend mediation, settlement, or escalation of the claim.

The OCRE and EEOC have a “work-sharing agreement,” allowing them to work together to process claims. It is generally preferred to file with the EEOC, which grants online access to status updates, case information, and faster responses. No matter whether filing with the state or federal agency, however, a claimant may ask that the claim be cross-filed with the other.

Consulting with Christina soon after the initial incident will help build a stronger case to accommodate the short time frame within which an administrative remedy is available.

Federal court: Employment discrimination claims must first be filed with the EEOC before a lawsuit can be filed at court. However, if the agency dismisses the claim or opts not to pursue a civil enforcement action, a claimant will be issued a “Notice of Right to Sue”. This means that all administrative remedies have been exhausted and the claimant may, within ninety days, file a lawsuit in federal court. Christina is experienced in crafting federal lawsuits for plaintiffs who have experienced employer discrimination.

State court: Individuals may not file a lawsuit in Oklahoma state court, as there is no “private right to action”, if their discrimination claims are related to race, gender, age, or religious belief. Those cases instead should be brought in federal court if OCRE has declined to escalate a complaint. However, the exception is for discrimination complaints made on the basis of disability, defined as any physical or mental impairment that substantially limits a major life activity.

Under Oklahoma law, a claimant has two years from the incident date to bring a discrimination or wrongful discharge matter to state court. As an established Oklahoma attorney, Christina is prepared to present a solid disability discrimination complaint at district court.