Oklahoma Workplace Harassment Laws: 1-Employee Rule, 180 Days (2026)

Oklahoma reaches workplace harassment through the Oklahoma Anti-Discrimination Act (OADA), which makes it a discriminatory practice for an employer to discriminate against an individual "with respect to compensation or the terms, conditions, privileges or responsibilities of employment, because of race, color, religion, sex, national origin, age, genetic information or disability" (25 O.S. § 1302(A)(1)). The act has no clause that uses the word harassment, and it covers any employer that pays one or more individuals a salary or wages (25 O.S. § 1301(1)).

A claim starts with a charge to the Attorney General's Office of Civil Rights Enforcement (OCRE) or the EEOC within 180 days of the last date of alleged discrimination (25 O.S. § 1350(B)). For other states and the federal rules, see workplace harassment laws by state.

Information last verified on 2026-10-20. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Oklahoma state law on workplace harassment by employers, supervisors and coworkers under the Oklahoma Anti-Discrimination Act, chiefly 25 O.S. §§ 1301, 1302, 1307, 1350 and 1601, with notes on 25 O.S. §§ 16 and 1101, 12 O.S. § 1398 and 74 O.S. § 840-8.1. It does not cover wrongful firing or the full charge and lawsuit procedure (see Oklahoma wrongful termination), damages estimates, criminal harassment or stalking, harassment outside employment, or federal-employee procedure.

Oklahoma harassment rules at a glance

What Oklahoma law prohibits

Section 1302(A) lists the employer practices the OADA forbids:

"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, 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, ..." (25 O.S. § 1302(A))

Title 25, which holds the OADA, does not contain the word harassment. A harassment claim on a protected trait rests on the "terms, conditions, privileges or responsibilities of employment" language in § 1302(A)(1).

Section 1350(A) makes the statutory route the only one: "A cause of action for employment-based discrimination is hereby created and any common law remedies are hereby abolished."

The hostile work environment standard

The OADA sets no standard for when harassment becomes unlawful. In Tilghman v. Kirby, No. 16-6010 (10th Cir. Oct. 7, 2016), an unpublished order and judgment, the Tenth Circuit wrote that "[t]he parties agree that Ms. Tilghman's hostile work environment sexual harassment claim under the OADA should be analyzed similarly to a Title VII claim," and stated the federal test: the plaintiff must "show (1) that she was discriminated against because of her sex; and (2) that the discrimination was sufficiently severe or pervasive such that it altered the terms or conditions of her employment and created an abusive working environment." The court did not decide whether the conduct met that test; it affirmed judgment for the employer on the affirmative defense from Faragher v. City of Boca Raton and Burlington Industries v. Ellerth.

Tilghman is a federal decision, it is unpublished, and the standard in it rested on the parties' agreement. It is not a ruling of an Oklahoma state court.

Which Oklahoma employers are covered

Section 1301(1) defines employer as:

"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;" (25 O.S. § 1301(1))

The same definition applies to harassment and to every other OADA employment claim; the act has no separate harassment threshold. Other limits:

• Family and domestic employment: § 1302 "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" (§ 1302(B)).
• Religious organizations: the act "does not apply to a religious corporation, association, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by the corporation, association, or society of its religious activities" (§ 1307).
• Employees only: "'Employee' means an individual who receives a salary or wages from an employer. Employee shall not include independent contractors" (§ 1301(8)). The act's definitions do not address unpaid interns or volunteers.

The federal Title VII definition of employer is narrower: "a person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year" (42 U.S.C. § 2000e(b)). An Oklahoma employer with fewer than 15 employees can be covered by the OADA but not by Title VII; the workplace harassment laws hub covers the federal layer.

Protected traits under the OADA

Section 1302(A) protects against discrimination because of race, color, religion, sex, national origin, age, genetic information or disability. Section 1301 defines several of these:

• Age: "'Age discrimination in employment' means discrimination in employment of persons who are at least forty (40) years of age" (§ 1301(5)).
• Sex and pregnancy: "'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" (§ 1301(6)).
• Genetic information: "information derived from the results of a genetic test" (§ 1301(7)).
• Disability: an individual with a disability is "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" (§ 1301(4)).

The list in § 1302(A) does not name sexual orientation, gender identity, marital status, height or weight, or hair texture.

The statutory definition of sex

Since November 1, 2024, Title 25's general definitions provide that "'Sex' means a natural person's biological sex at birth" (25 O.S. § 16(8)). A 2024 law (Laws 2024, c. 365, effective November 1, 2024) amended § 1101 to provide:

"C. Any policy, program, or statute that prohibits sex discrimination shall be construed to forbid unfair treatment of females or males in relation to similarly situated members of the opposite sex. The state or its political subdivisions shall not be prohibited from establishing distinctions between sexes when such distinctions are substantially related to an important government objective, including, but not limited to, biology, privacy, safety, or fairness." (25 O.S. § 1101(C))

Federal law applies separately from these state definitions; the workplace harassment laws hub covers it.

Employer responsibility and the individual harasser

The OADA's civil action runs "against an employer" (§ 1350(B)), and its definition of employer is the entity that pays wages. Section 1350(D), on venue, refers to civil actions "against any person who is alleged to have discriminated against the charging party and against any person named as respondent in the charge." In Tilghman, the Tenth Circuit held that the plaintiff's "hostile work environment claim cannot proceed against Mr. Kirby in his individual capacity because he is not an employer," citing § 1301. The same order held the employer was entitled to the Faragher/Ellerth affirmative defense to vicarious liability for the supervisor's harassment. Under § 1350(F), the defending party in an OADA action "may allege any defense that is available under Title VII of the Civil Rights Act of 1964," the Age Discrimination in Employment Act, the Pregnancy Discrimination Act, the Rehabilitation Act, the Americans with Disabilities Act or the Genetic Information Nondiscrimination Act.

The act's separate section on retaliation and aiding and abetting is written for "a person," and § 1201(4) defines "person" to include "an individual." Section 1601 makes it a discriminatory practice "for a person, or for two or more persons to conspire, ... (2) to aid, abet, incite, or coerce a person to engage in a discriminatory practice." No Oklahoma appellate decision applying that language to an individual harasser is discussed on this page.

Retaliation for complaining

Section 1601(1) makes it a discriminatory practice for a person "to retaliate or discriminate against a person because he has opposed a discriminatory practice, or because he has made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing under this act." Retaliation claims against an employer fall under the same 180-day charge rule in § 1350(B). Firings after a complaint, and how they fit with Oklahoma's default employment rule, are covered on the Oklahoma at-will employment page.

Deadlines and where to file

The Attorney General's Office of Civil Rights Enforcement takes employment discrimination complaints. The deadlines:

• Charge: "an aggrieved party must, within one hundred eighty (180) days from the last date of alleged discrimination, file a charge of discrimination in employment with the Attorney General's Office of Civil Rights Enforcement or the Equal Employment Opportunity Commission" to have standing in court (§ 1350(B)). The OCRE's complaints page states: "Employment Discrimination Complaints must be filed within 180 days from the last alleged unlawful employment practice or the right to legal relief may be lost."
• Right to sue: if a charge filed with the OCRE is not resolved to the charging party's satisfaction within 180 days of filing, the OCRE "upon request of any party shall issue a Notice of a Right to Sue, which must be first obtained in order to commence a civil action under this section" (§ 1350(C)).
• Lawsuit: "No action may be filed in district court as provided in this section more than ninety (90) days after receiving a Notice of a Right to Sue from the Attorney General's Office of Civil Rights Enforcement" (§ 1350(I)).

The OCRE's FAQ adds that "[f]iling a complaint initiates an administrative process that must be completed before a lawsuit may be filed," and that the OCRE "may file a civil enforcement action or may issue a 'Dismissal and Notice of Right to Sue' to the complainant."

For a federal charge, the EEOC states that its "180 calendar day filing deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis," and that in harassment cases the charge is due "within 180 or 300 days of the last incident of harassment." The EEOC's Oklahoma office lists the Attorney General's Office of Civil Rights Enforcement as a fair employment practices agency and states that an individual has 300 days from the date of alleged harm to file a charge with the EEOC against an employer with 15 or more employees for discrimination based on race, color, national origin, sex, religion or disability, or against an employer with 20 or more employees for discrimination based on age, in Oklahoma. The Oklahoma state-law charge deadline in § 1350(B) remains 180 days.

The full procedure, remedies and how a court action proceeds are on the Oklahoma wrongful termination page. The Oklahoma employment discrimination settlement calculator is an estimating tool, not a prediction of any outcome.

Training and written policies

The OADA contains no requirement that private employers provide harassment training, adopt a written harassment policy or post a harassment notice, and the Oklahoma Labor title (Title 40) contains no such requirement either.

One public-employer rule touches bullying. Each state agency and political subdivision must adopt a social media policy that discourages employees from sharing content containing, among other things, "[a]busive behavior and bullying language or tone" when "it is directed at a citizen of the State of Oklahoma" (74 O.S. § 840-8.1(C)). That rule addresses public employees' posts aimed at citizens, not harassment between coworkers.

NDAs, confidentiality and arbitration

The OADA contains no provision limiting nondisclosure, confidentiality or arbitration terms in harassment agreements or settlements. Federal law adds limits for sexual harassment disputes: the Speak Out Act makes a nondisclosure or nondisparagement clause agreed to before a sexual harassment dispute arises judicially unenforceable where the conduct is alleged to violate federal, tribal or state law, and the Ending Forced Arbitration Act lets the person alleging sexual harassment elect court over a predispute arbitration agreement, both explained on the workplace harassment laws hub.

Workplace harassment injunctions (employer remedy)

Oklahoma's Protection from Workplace Harassment and Violence Act, in force since November 1, 2019, gives employers a court route that is not tied to any protected trait. It defines workplace harassment as:

"a pattern or course of conduct that is directed toward another individual in a workplace that includes repeated or continuing contact that would cause a reasonable person to suffer emotional distress and that actually causes emotional distress to the victim. 'Workplace harassment' includes, but is not limited to, credible threats of violence." (12 O.S. § 1398(A)(4))

Only the employer can use it: "An employer or an authorized agent of an employer may file a written verified petition with the district court of the county in which the employer is located for an injunction prohibiting workplace harassment" (§ 1398(B)). An employer "shall be immune from civil liability for seeking or failing to seek an injunction under this section unless the employer is seeking an injunction primarily to accomplish a purpose for which the injunction was not designed" (§ 1398(D)).

Is workplace bullying illegal in Oklahoma?

The OADA reaches discrimination because of the traits it lists. Harassment unconnected to those traits is addressed in state law only through the employer-initiated injunction in 12 O.S. § 1398, which does not give an employee a claim against a coworker or the employer.

Documenting harassment and workplace monitoring

The rules on recording a conversation at work, including a conversation with a harasser, are on the Oklahoma workplace recording laws page. Employer monitoring of email, devices and workspaces is covered on the Oklahoma employee monitoring laws page.

Recent changes

• 2019: The Protection from Workplace Harassment and Violence Act (Laws 2019, c. 506) added 12 O.S. § 1398, effective November 1, 2019.
• 2024: Laws 2024, c. 365, effective November 1, 2024, amended 25 O.S. § 16 to define "sex" as a natural person's biological sex at birth, added § 1101(C) on how statutes prohibiting sex discrimination are construed, amended § 1201 and added § 1202.

Related pages

• Workplace harassment laws by state
• Oklahoma wrongful termination
• Oklahoma at-will employment laws
• Oklahoma employee monitoring laws
• Oklahoma workplace recording laws

This article provides general legal information about Oklahoma workplace harassment law under the Oklahoma Anti-Discrimination Act as of 2026-10-20. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Oklahoma or the Attorney General's Office of Civil Rights Enforcement.

Last updated: 2026-10-20.

Frequently Asked Questions

Is workplace harassment illegal in Oklahoma?

The Oklahoma Anti-Discrimination Act makes it a discriminatory practice for an employer to discriminate in the terms, conditions, privileges or responsibilities of employment because of race, color, religion, sex, national origin, age, genetic information or disability (25 O.S. § 1302(A)). The act has no separate harassment clause.

Does Oklahoma harassment law apply to small employers?

Yes. The OADA defines an employer as a legal entity, institution or organization that pays one or more individuals a salary or wages, or that contracts or subcontracts with the state (25 O.S. § 1301(1)). Native American tribes, tax-exempt bona fide membership clubs other than labor organizations, family employment and domestic service are excluded (§§ 1301(1), 1302(B)).

How long do I have to file a harassment complaint in Oklahoma?

A charge must be filed with the Attorney General's Office of Civil Rights Enforcement or the EEOC within 180 days from the last date of alleged discrimination (25 O.S. § 1350(B)). A lawsuit must be filed within 90 days after receiving a Notice of a Right to Sue from the OCRE (§ 1350(I)). For a federal charge, the EEOC's Oklahoma office states a 300-day period against an employer with 15 or more employees (20 or more for age claims); the 180-day OADA deadline does not change.

Where do I file a workplace harassment complaint in Oklahoma?

With the Oklahoma Attorney General's Office of Civil Rights Enforcement or the U.S. Equal Employment Opportunity Commission (25 O.S. § 1350(B)). The OCRE says filing starts an administrative process that must be completed before a lawsuit may be filed.

Can a supervisor be sued personally for harassment in Oklahoma?

In Tilghman v. Kirby (10th Cir. 2016, unpublished), the court held an OADA hostile work environment claim could not proceed against a supervisor individually because he was not an employer under 25 O.S. § 1301. No Oklahoma appellate decision on the point is discussed here, and the act's retaliation and aiding-and-abetting section, § 1601, applies to a 'person'. Section 1350(D) refers to civil actions against any person alleged to have discriminated and any person named as respondent in the charge.

Does Oklahoma require harassment training for employers?

The Oklahoma Anti-Discrimination Act contains no harassment training, written-policy or posting requirement for private employers.

Is it illegal to retaliate against an employee for reporting harassment in Oklahoma?

Yes. Under 25 O.S. § 1601, it is a discriminatory practice for a person to retaliate or discriminate against a person because he has opposed a discriminatory practice or has made a charge, filed a complaint, testified, assisted or participated in an investigation, proceeding or hearing under the act.

Is workplace bullying illegal in Oklahoma?

The OADA reaches discrimination tied to the traits it lists. For workplace harassment generally, 12 O.S. § 1398 lets an employer or its authorized agent petition for an injunction; it does not give an employee a claim against a coworker or the employer.