Text of OK HB 1345 (2015)

Req. No. 5398 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 55th Legislature (2015) HOUSE BILL 1345 By: Dunnington AS INTRODUCED An Act relating to definitions and general provisions; amending 25 O.S. 2011, Sections 1301 and 1302, which relate to discrimination in employment; adding definitions; modifying discriminatory practice by employer; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 25 O.S. 2011, Section 1301, is amended to read as follows: Section 1301. As used in Section 1101 et seq. of this title: 1. "Employer" means: a. a legal entity, institution or organization that pays one or more individuals a salary or wages for work performance, or b. a legal entity, institution or organization which contracts or subcontracts with the state, a governmental entity or a state agency to furnish material or perform work. Req. No. 5398 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Employer does not include a Native American tribe or a bona fide membership club, other than a labor organization, that is exempt from taxation under Title 26, Section 501(c) of the United States Code; 2. "Employment agency" means a person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person; 3. "Labor organization" means: a. an organization of any kind, an agency or employee representation committee, group, association, or plan in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment, b. a conference, general committee, joint or system board, or joint council so engaged which is subordinate to a national or international labor organization, or c. an agent of a labor organization; 4. "Individual with a disability" means a person who has a physical or mental impairment which substantially limits one or more Req. No. 5398 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 of such person's major life activities, has a record of such an impairment or is regarded as having such an impairment; 5. "Age discrimination in employment" means discrimination in employment of persons who are at least forty (40) years of age; 6. "Sex", "because of sex" or "based on sex" includes, but is not limited to, pregnancy, childbirth or related medical conditions; women affected by pregnancy, childbirth or related medical conditions shall be treated the same for all employment-related purposes as other persons not so affected but similar in their ability or inability to work; 7. "Genetic information" means information derived from the results of a genetic test. "Genetic information" shall not include family history, the results of a routine physical examination or test, the results of a chemical, blood or urine analysis, the results of a test to determine drug use, the results of a test for the presence of the human immunodeficiency virus, or the results of any other test commonly accepted in clinical practice at the time it is ordered; and 8. "Employee" means an individual who receives a salary or wages from an employer. Employee shall not include independent contractors; 9. "Sexual orientation" means having a preference, or being perceived to have a preference, for heterosexuality, homosexuality Req. No. 5398 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 or bisexuality, having a history of such a preference or being identified with such a preference; and 10. "Gender identity or expression" means a gender-related identity, appearance, expression or behavior of a person, regardless of the person's assigned sex at birth. SECTION 2. AMENDATORY 25 O.S. 2011, Section 1302, is amended to read as follows: Section 1302. A. It is a discriminatory practice for an employer: 1. To fail or refuse to hire, to discharge, or otherwise to discriminate against an individual with respect to compensation or the terms, conditions, privileges or responsibilities of employment, because of race, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, genetic information or disability, unless the employer can demonstrate that accommodation for the disability would impose an undue hardship on the operation of the business of such employer; or 2. To limit, segregate, or classify an employee or applicant for employment in a way which would deprive or tend to deprive an individual of employment opportunities or otherwise adversely affect the status of an employee, because of race, color, religion, sex, national origin, age, genetic information or disability, unless the employer can demonstrate that accommodation for the disability would Req. No. 5398 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 impose an undue hardship on the operation of the business of such employer. B. This section does not apply to the employment of an individual by his or her parents, spouse, or child or to employment in the domestic service of the employer. SECTION 3. This act shall become effective November 1, 2015. 55-1-5398 LRB 12/22/14