Oklahoma Statutes

Okla. Stat. tit. 25, § 1301 (2026)

Definitions

✓ current as of July 2026

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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. 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 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.

Added by Laws 1968, c. 388, § 301. Amended by Laws 1973, c. 195, § 1, emerg. eff. May 16, 1973; Laws 1981, c. 231, § 1; Laws 1985, c. 165, § 2, eff. Nov. 1, 1985; Laws 1992, c. 100, § 1, emerg. eff. April 17, 1992; Laws 2010, c. 74, § 1, eff. Nov. 1, 2010; Laws 2011, c. 270, § 2, eff. Nov. 1, 2011.

Notes of Decisions

Cited in 20 cases (4 in the last 5 years), 1991–2024 · leading case: Tate v. Browning-Ferris, Inc., 833 P.2d 1218 (Okla. 1992).

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Tate v. Browning-Ferris, Inc., 833 P.2d 1218 (Okla. 1992). · cites it 2× “, 25 O.S.1981 §§ 1301 et seq. 44 . Article 4.”

Brown v. Ford, 905 P.2d 223 (Okla. 1995). · cites it 2× “The provisions of 25 O.S.1991 § 1301(1) define “employer” to mean: ".”

Elwell v. Oklahoma, Ex Rel. Bd. of Regents, 693 F.3d 1303 (10th Cir. 2012). “, and the Oklahoma state Anti-Discrimination Act (OADA), Okla. Stat. tit. 25, § 1301 et seq. The district court, however, soon dismissed her amended complaint, holding that Title II does not provide a cause of action for employment discrimination and that Oklahoma had not waived…”

Pulcino v. Fed. Express Corp., 9 P.3d 787 (Wash. 2000). “01 (13) (Anderson)); Oklahoma (Okla. Stat. Ann. tit. 25 § 1301 (4)(West)); Oregon ( Or.”

Tilghman v. Kirby, 662 F. App'x 598 (10th Cir. 2016). “See Okla. Stat. tit. 25, § 1301 (defining an employer as the entity that pays an individual’s salary or wages).”

Griffin v. Eller, 922 P.2d 788 (Wash. 1996). “Such "discriminatory practices” are under the purview of a Human Rights Commission, which has the power to "pass upon complaints involving violation” of the state statutes forbidding "discriminatory practices” in Oklahoma.”

Smith v. Pioneer Masonry, Inc., 2009 OK 82 (Okla. 2009). “[2] The legislative exclusion of employers engaging less than fifteen persons from liability under the administrative remedy created by 25 O.”

Jarman v. Deason, 618 S.E.2d 776 (N.C. Ct. App. 2005). “" (construing Okla. Stat. tit. 25, §§ 1301 (1), 1302 (1987))); Burton v.”

Carlyle v. Indep. Sch. Dist. No. I-71 of McCurtain Cnty., 811 P.2d 618 (Okla. Civ. App. 1991). · cites it 2× “I am not aware of any statute or case law in this jurisdiction forbidding a mandatory retirement policy at age 70.”

Taylor v. Albertson's, Inc., 886 F. Supp. 819 (W.D. Okla. 1995). “1994); Oklahoma’s Anti-Discrimination Act, 25 O.S. § 1301 et seq. (West 1994); and Oklahoma’s Workers’ Compensation Law, 85 O.”

Doe v. Coomes (N.D. Okla. 2021). “sex discrimination in violation of Title VII and 25 O.S. § 1301, et seq.; 2. hostile work environment; 3.”

Boydston v. Mercy Hosp. Ardmore Inc (W.D. Okla. 2020). “9 9 Section 1307 of the OADA tracks the narrower language of Title VII’s religious exemption prior to the 1972 amendment in that it exempts only the religious organization’s religious activities, rather than all of its activities: This chapter [i.”

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— Okla. Stat. tit. 25, § 1301(1) — 3 cases

Brown v. Ford, 905 P.2d 223 (Okla. 1995). “The provisions of 25 O.S.1991 § 1301(1) define “employer” to mean: ".”

McDaniel v. Legend Energy Servs. LLC (W.D. Okla. 2021).

— Okla. Stat. tit. 25, § 1301(4) — 1 case

Mendenhall v. Koch Serv., Inc., 872 F. Supp. 907 (N.D. Okla. 1993).

— Okla. Stat. tit. 25, § 1301(5) — 1 case

Armstrong v. State Ex Rel. Oklahoma Ins., 2012 OK CIV APP 47 (Okla. Civ. App. 2011).

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