Labor Law and Racial Discrimination in Oklahoma

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As difficult as it may be to understand, racial discrimination still exists in the workplace in many companies in Oklahoma.  The evidence of racial discrimination can be something blatant like being denied a promotion in spite of being the most qualified candidate for the position, or it can exist more subtly as with a hostile work environment created by staff or employees using racially charged language.  Discrimination in Oklahoma is a serious offense, and if you have a claim to make, it is important that you go about it through the appropriate legal channels.

 

If you feel that you were discriminated against at work, you need to take action as soon as you can.  You must file a claim either with the Oklahoma Human Rights Commission or the Equal Employment Opportunity Commission.  The OHRC requires that you file your claim within 180 days of the date you allege the discrimination took place (for example, the day you were denied a promotion or denied a right that other employees received), but the EEOC allots you 300 days to get your claim filed.  Nonetheless, filing your claim as soon as possible will help get the ball rolling so you can get on your way to settling the matter.

 

If one of these two agencies can help you settle your claim, then it may not be necessary to hire a lawyer or pursue a court case.  However, if neither the OHRC nor the EEOC are successful at bringing your case to an appropriate resolution, then further legal action may be necessary.

 

The EEOC has a close relationship with the federal Department of Justice, so if the EEOC cannot resolve your discrimination claim on its own, then it will refer the allegations to the DOJ.  At this point, the DOJ may either start litigation proceedings based on the allegations, or it give the person alleging the charges a notice of right to sue, at which point he or she can privately file the lawsuit for him or herself.

 

Under Oklahoma law for private individuals, only discrimination claims based on disability fall under the jurisdiction of state law.  Therefore, if you choose to take your case to court, your lawyer will most likely choose to do it in the federal court system.  No one wants to deal with the hassle of a federal court case, but in some instances it is necessary to properly settle the matter. 

 

The statute of limitation to take your case to court once you have a notice of right to sue is two years from the date of the alleged discrimination.  Therefore, it is essential for you to contact legal counsel immediately after you receive your notice. Two years may seem like a long time, but depending on the complexity of your case, it may take your lawyer or legal team many months to assemble your case arguments and gather the appropriate evidence to take your case to court and have a positive outcome.  Your part in all this is to provide your lawyer with the best possible chance of success by allowing him or her as much time as possible.