Oklahoma Fair Hiring Laws

Various laws are in effect that impact employment, including some that dictate the regulations around recruiting and hiring new employees. Review our detailed guide to fair hiring laws in Oklahoma and how they differ from federal regulations.

What Are Fair Hiring Laws?

Fair hiring laws are regulations administered federally by the Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL). They apply across all states in the U.S., although some states have stricter laws in place. More than 180 laws cover workplace activities, protecting more than 165 million workers. Some of these related to the process of recruiting and hiring new employees.

What Are “Ban-the-Box” Laws?

Ban-the-box laws limit when an employer can ask about a candidate’s criminal history during the hiring process. The term refers to eliminating the box that must be checked on a traditional application when the individual has such a record.

Under Executive Order 2016-1023, public employers in Oklahoma are not permitted to inquire about an applicant’s criminal history on an initial job application. State agencies may ask about criminal history during an interview or perform a background check. This law does not apply to private employers.

Does Oklahoma Have Fair Hiring Laws That Differ from Federal Fair Hiring Laws?

There are fair hiring laws in effect that differ from federal laws, including the Oklahoma Anti-Discrimination Act, discussed in further detail below.

Do Oklahoma Hiring Laws Match or Differ from the Federal Equal Pay Act (EPA)?

The state equal pay law restricts employers from paying lower wages to women than men when performing comparable work with similar responsibilities. It aligns with the federal EPA.

Do Oklahoma Hiring Laws Match or Differ from the Age Discrimination in Employment Act (ADEA)?

Under the Oklahoma Anti-Discrimination Act, employers may not discriminate against applicants ages 40 and over when making hiring decisions. The protections afforded are similar to those found in the ADEA.

Do Oklahoma Hiring Laws Match or Differ from the Americans with Disabilities Act (ADA)?

Oklahoma state law complements the ADA but there are no regulations that supersede it. Employers must adhere to the requirements set forth in the federal law.

Do Oklahoma Hiring Laws Match or Differ from the Genetic Information Nondiscrimination Act (GINA)?

Under Oklahoma House Bill 3169, employers are prohibited from using genetic information to discriminate during the hiring process. It aligns with the protections afforded in GINA.

Do Oklahoma Hiring Laws Match or Differ from Title VII of the Civil Rights Act of 1964?

The Oklahoma Anti-Discrimination Act prohibits discrimination based on the same protected characteristics outlined in Title VII of the Civil Rights Act of 1964, along with age, genetic information, and disability.

Are There Different Fair Hiring Laws in Cities or Municipalities Across Oklahoma?

The city of Tulsa enacted a ban-the-box law prior to the executive order being signed. It applies to positions within city agencies.

With the right tools, ensuring fairness when recruiting and hiring doesn’t have to cause problems. Learn more about the applicant tracking capabilities built into WorkforceHub, like automation of data tracking and reporting for valuable insights. We can help your business maintain compliance with fair hiring regulations.