An Overview of Oklahoma’s Harassment Laws
Harassment laws in Oklahoma are essential in promoting and reflecting society’s commitment to an environment that is free from intimidation, insults and offensive behavior. In general, harassment concerns inappropriate physical and/or verbal actions that violate federal and Oklahoma state employment laws.
Although the law does not use the word "harassment" , it uses the phrase "discriminatory harassment." Discriminatory harassment in the workplace occurs when a person is treated in an abusive manner because of a discriminatory reason. In Oklahoma, an example of discriminatory reason is race. If you are being bullied at work because of your race, Oklahoma law requires you to report the behavior to your employer so your employer can take action. If your employer is not taking action to stop the bullying/discriminatory harassment, you can file a lawsuit.
Different Types of Harassment Under Oklahoma Law
Just as there are many forms of harassment, there are many definitions and relevant laws. In Oklahoma, there is workplace harassment, criminal harassment, and sexual harassment.
In terms of workplace harassment, it is illegal to harass someone in the workplace based on their race, color, religion, sex, national origin, age, genetic information, or disability, among other things. Race-based harassment may include offensive remarks, slurs, jokes, comments about hair, accents, or other physical characteristics. Religion-based harassment may include offensive remarks, slurs, or comments about one’s religious dress or grooming habits. Sex-based harassment can include sexual advances, requests for favors, and other verbal or physical behavior of a sexual nature. Disability-related harassment includes the same kind of comments and behaviors directed at people with physical, mental, or emotional disabilities.
Harassment may also extend to hostile work environments. Under Oklahoma law, hostility may be based on age, gender, sexual orientation, or other protected classes such as race or ethnicity.
Oklahoma not only recognizes harassment between employees but also managers. A manager’s behavior can create a hostile work environment as well.
In Oklahoma, criminal harassment is defined by Oklahoma’s statute 21 O.S. § 1171. The statute provides that any person who knowingly and willfully harasses or intimidates another person commits a felony punishable by up to two years in prison. For harassment or intimidation, the victim can be either in a reasonable fear of injury or suffering physical contact or harm from the actor. Harassment with physical injury can result in punishments of up to five years in prison. These penalties are apart from the penalties of civil harassment, which means a person can face both criminal and civil liability.
Of note is that for criminal sexual harassment, Oklahoma law provides that any person who knowingly and willfully sexually harasses another person commits a felony punishable by up to ten years in prison. Sexual harassment can involve acts including using profane or obscene language, which inadvertently abuses a person while in conversation. Sexual harassment can also include inappropriate or provocative gestures, such as using body language or movements that would make someone uncomfortable. Sexual harassment could include unwanted physical contact, such as groping.
Criminal harassment may also become aggravated harassment when a person has already been convicted of criminal harassment such that the second subsequent harassment becomes a felony as provided by 21 O.S. § 1172. These subsequent felony punishments may result in a sentence of up to ten years in prison.
How to File a Harassment Case Under Oklahoma Law
For most harassment claims, Oklahoma victims of harassment must first file a complaint with the Equal Employment Opportunity Commission (EEOC). If you work for a state or local government office, the Oklahoma Human Rights Commission (OHRC) can also accept a harassment claim. The complaint must be submitted within 180 days of the last incident of harassment. However, a victim has up to 300 days if the harassment occurred in a state with a locally administered anti-discrimination law.
Like any legal process, filing a harassment claim requires the submission of specific documentation. These documents include the names and addresses of the victim and any witnesses to the harassment. You also have to provide the date or dates the harassment occurred, if possible. The EEOC or OHRC will use this information to investigate the claim.
The complaint form makes it clear that it is a legally binding document, similar to an affidavit. Any false statement made within the complaint can lead to charges of perjury against the person filing it. Therefore, it is crucial that you ensure the information you provide is accurate before submission. It is critical that you fully disclose all the information surrounding the situation that led to the harassment.
Even if you feel that you can file the paperwork on your own, it is in your best interest to seek the counsel of an attorney who specializes in Oklahoma harassment law. The filing process will not automatically allow your case to proceed to court, as you must first receive a "right to sue" letter from either the OHRC or EEOC. This right to sue letter gives you the authority to pursue legal action against the harasser in civil court.
If both the EEOC and OHRC find that there is no evidence of harassment, they can also issue letters saying you have the right to sue without further investigation, but the EEOC is not required to do so. If you receive a right to sue letter from the OHRC, you can file a civil suit within 180 days of receiving the letter.
It is also possible to file a harassment complaint with the courts even if you do not file with the OHRC or EEOC. However, it is common that the EEOC will subpoena documents from the workplace that might be necessary for the case if you do not issue a complaint through them.
Restraining Orders and Other Protective Orders
In Oklahoma, individuals who experience harassment may seek protective measures to ensure their safety and well-being. These protective measures are typically in the form of a restraining order, which is a court order that requires a party to refrain from certain acts or behavior to protect another individual, referred to as the "protected party," from harassment or any further unwanted contact.
Obtaining a restraining order begins with filing a petition in the appropriate court, usually a district court in the county where the protected party resides or where the alleged harassment took place. The petition must include specific details about the harassment, including dates, times, and descriptions of the harassing behavior. It should also provide information about the parties involved, including their addresses and any relationship between them. If the petitioner is a minor, a parent or guardian must file the petition on their behalf.
If the court believes that there is enough evidence to support the petition, a judge will issue a temporary restraining order, which is often scheduled to last until a court hearing is held on the matter. The temporary restraining order may include provisions such as prohibiting the accused harasser from having any contact with the protected party, prohibiting the harasser from coming within a specific distance of the protected party, or even granting temporary custody of children or pets belonging to the protected party.
The defendant (alleged harasser) will be served with the temporary restraining order and given notice of the court hearing. During the court hearing, both the petitioner and the defendant can present their case, including providing testimony, witnesses, and other evidence. The judge will then determine whether to issue a permanent restraining order and the specifics of the order. Protective measures can last anywhere from a few weeks to several years, depending on the circumstances of the case.
It is important to note that violating a restraining order in Oklahoma can have serious consequences. A person who disregards a restraining order may face criminal charges, fines, and imprisonment. Additionally, the violation can be used as evidence in any ongoing court proceedings.
Harassment can have a profound impact on the victim’s life, causing emotional distress, anxiety, depression, and fear for the safety of themselves and their loved ones. While legal action may not eliminate the harassment altogether, it can serve as an important step in protecting the victim from further unwanted contact and preserving their sense of safety and security.
Penalties for Various Types of Harassment Under Oklahoma Law
Employers in Oklahoma should consider thoroughly investigating harassment complaints. Violating sexual harassment laws can be both criminally and civilly penalized. Harassment Penalties can include: Criminal Penalties Prior to 2002, harassment was not considered a crime in Oklahoma. However, harassment has been a criminal offense since November 1, 2002. In Oklahoma, harassment is defined as follows: Every person who shall write and send through the mail, telegraph, telephone, any communication which is obscene, vulgar, profane, lewd or lascivious, every request or suggestion that he or she engage in sexual activity with another, regardless of their sex or age, to or towards any other person shall be guilty of a misdemeanor for the first offense and a felony for each subsequent offense and, upon conviction thereof, shall be punishable by a fine of not less than One Thousand Dollars ($1,000.00) and imprisonment in the county jail for not less than six (6) months nor more than one (1) year, or by both such fine and imprisonment. (22 O.S. § 52) . Victims of such harassment may be able to recover damages from the alleged harasser (for example, damages consisting of the cost of the transcripts of telephone messages recorded as evidence). Criminal penalties under the harassment laws are severe. It is imperative that employers take all complaints of harassment seriously. Employers should immediately investigate any harassing behavior and be cautious of retaliation claims by the complaining employee. Civil Penalties Civilly, punishment can be found under the Tort of Outrage or Invasion of Privacy. There is no question that the potential civil liability for harassment is significant. Of course determining the amount of damages is difficult. Generally speaking, damages will include actual damages and in some cases, punitive damages. Emotional distress is a substantial part of the recovery where harassment occurs here in Oklahoma. Also, damages can be doubled in terroristic threats actions. Presumably, emotional distress damages are also available for Oklahoma harassment claims. Potentially defamatory statements would also be pursued in harassment cases prior to 2002. Ocare v. Caswell, 2000 OK 89, 13 P.3d 483 (Oklahoma Supreme Court).
Directories and Resources for Oklahoma Residents Facing Harassment Cases
Harassment in the workplace can have serious mental and emotional consequences for those affected. Victims in Oklahoma have access to a variety of resources and support systems designed to help them deal with the fallout from incidents of workplace harassment, and in some cases of sexual assault. Here are some organizations that can help:
Oklahoma Coalition Against Domestic Violence and Sexual Assault (OCADSA)
OCADSA is an umbrella organization that connects survivors of domestic violence and sexual assault to service organizations throughout Oklahoma. Their staff also act as a central information source for such organizations statewide.
Oklahoma Alliance Against Battering and Sexual Assault (OAABSA)
OAABSA provides an additional central point of information for abuse survivors and service providers in Oklahoma. This group is focused on providing the public, businesses and agencies with information and resources to understand the problems of stalking in an effort to end the cycle of violence.
National Resource Center for Sexual Assault (NRCSA)
The NRCSA’s mission it to actively work toward the reduction of sexual assault and abuse in all its forms. It accomplishes this through the development of programs and services designed to meet the needs of those individuals who are affected by sexual violence.
Violence Prevention Resources
This organization educates people across the United States about the impact of violence through fundraising, media campaigns and communications. Its stated goal is to reduce healthecosts related to violence against women, while raising awareness of the issue across the nation.
Recent Updates to Oklahoma Law Concerning Harassment
In recent years, efforts to combat workplace harassment have gained momentum across the nation. In Oklahoma, a surge of new laws and amendments has been introduced that aim to strengthen protections for victims and to ensure a more effective legal framework within which to pursue claims. While many of these changes are consistent with trends at the federal level and in other states, there are a few distinctive features that reflect Oklahoma law and policy.
One of the most significant changes in recent years was the passage of HB 1943 in 2019, aimed at addressing sexual harassment in the workplace. This law made it a requirement for employers to develop written policies against sexual harassment, to provide training for employees on these policies, and to implement procedures to investigate and address harassment claims . Additionally, the law provided for increased damages for victims who could prove that their employer either intended to retaliate against them for reporting harassment or failed to follow their own published policies and procedures. This provision recognizes the critical role that an employer’s response plays in either exacerbating or mitigating the harm caused by harassment.
Another notable change was the amendment to Title VII of the Civil Rights Act, which now allows employees to sue under state law in addition to federal law. This effectively creates dual jurisdiction over harassment claims in Oklahoma, providing victims with a broader range of options when deciding how to proceed with their claims.
Other recent changes include increased penalties for employers who fail to provide reasonable accommodation for pregnant employees, as mandated by the Pregnant Workers’ Fairness Act, and broader Equal Employment Opportunity (EEO) training requirements, especially in light of the Me-Too movement.