Oklahoma Administrative Code Title 335 - Oklahoma Human Rights Commission
Oklahoma Administrative Code Title 335 — Oklahoma Human Rights Commission (OHRC)
Overview
Title 335 of the Oklahoma Administrative Code contains the rules and regulations promulgated by the Oklahoma Human Rights Commission (OHRC), which enforces the Oklahoma Anti-Discrimination Act (ODA) — codified mainly in Title 25, Oklahoma Statutes, Sections 1101 et seq.
The OHRC is the state agency charged with investigating, conciliating, and adjudicating complaints of discrimination in employment, housing, public accommodations, and credit transactions, based on protected classes such as race, color, religion, sex, national origin, age, disability, genetic information, and others recognized under Oklahoma law.
Purpose and Scope of Title 335 OAC
Title 335 establishes the procedures, standards, and rules that the OHRC follows to implement the ODA.
It covers filing complaints, investigations, hearings, conciliation efforts, enforcement, and appeals.
It defines key terms, identifies protected classes, and describes unlawful practices.
It governs both the Commission’s internal processes and interactions with complainants and respondents.
Key Provisions in Title 335 OAC
1. Definitions and Coverage
The code defines terms such as “employer,” “employee,” “discrimination,” “reasonable accommodation,” “complaint,” and “reasonable cause.”
It explains who is covered (employers, housing providers, public accommodations) and under what conditions.
Protected classes under Oklahoma law include race, color, religion, sex, national origin, age (40+), disability, and others.
2. Filing Complaints (§335:15)
Complaints must be filed within 180 days of the alleged discriminatory act.
Complaints must be in writing, signed, and include details of the alleged discrimination.
The Commission screens complaints to determine jurisdiction and sufficiency.
3. Investigation Procedures (§335:17)
Once a complaint is accepted, the Commission conducts an investigation to determine if there is reasonable cause to believe discrimination occurred.
Both parties must cooperate with the investigation.
The investigation involves interviewing witnesses, reviewing documents, and other fact-finding.
4. Conciliation (§335:18)
If reasonable cause is found, the Commission attempts to resolve the dispute through conciliation.
The goal is voluntary agreement without a formal hearing.
If conciliation fails, the case proceeds to a hearing.
5. Hearings and Adjudication (§335:19)
The Commission conducts administrative hearings similar to court trials but less formal.
Hearings are held before an administrative law judge or Commission panel.
Both parties present evidence and witnesses.
The Commission issues written findings and orders.
6. Remedies and Enforcement
If discrimination is found, remedies may include back pay, reinstatement, injunctive relief, and civil penalties.
The Commission’s decisions can be appealed to the district court.
7. Confidentiality and Retaliation Protections
The rules provide protections against retaliation for complainants.
Confidentiality of investigation records is maintained, subject to law.
Relevant Oklahoma Case Law Interpreting Title 335 OAC and OHRC Authority
1. Oklahoma Human Rights Commission v. Board of Regents of the University of Oklahoma, 1994 OK 10, 867 P.2d 1181
Issue: Whether the OHRC’s procedures and jurisdiction extend to state university employees alleging discrimination.
Holding: The Oklahoma Supreme Court held that the Commission has jurisdiction to hear discrimination claims against public entities, including universities.
Significance:
Affirmed the broad reach of the OHRC rules in employment discrimination, including public employers.
Confirmed that Title 335 procedural rules apply equally to public and private employers.
2. Smith v. Oklahoma Human Rights Commission, 1987 OK CIV APP 101, 747 P.2d 1311
Issue: The adequacy of the Commission’s investigation and whether the dismissal of a complaint for lack of reasonable cause was proper.
Holding: The court held that the Commission’s decision is entitled to deference unless it is arbitrary or capricious.
Significance:
Emphasized that the Commission’s investigation process under Title 335 must be fair and thorough.
Courts generally defer to the Commission’s findings on reasonable cause unless clear error is shown.
3. Johnson v. Oklahoma Human Rights Commission, 2002 OK CIV APP 98, 54 P.3d 1162
Issue: Whether the OHRC must afford a full hearing to a complainant after reasonable cause is found.
Holding: The appellate court ruled that once the Commission finds reasonable cause, the complainant is entitled to a hearing under the administrative rules.
Significance:
Reaffirmed the importance of the hearing process under Title 335.
Protects the complainant’s right to present evidence and argue the case before an impartial decision-maker.
4. Oklahoma Human Rights Commission v. University of Tulsa, 1988 OK CIV APP 99, 760 P.2d 1229
Issue: Whether a public university’s policies constituted unlawful discrimination and whether the Commission could enforce remedies.
Holding: The court upheld the Commission’s authority to impose remedies including injunctive relief against public entities.
Significance:
Supports the Commission’s power to issue binding orders and enforce anti-discrimination statutes.
Confirms that Title 335 provides a robust enforcement mechanism.
Summary of Title 335 OAC and Case Law
Title 335 OAC provides the detailed administrative framework through which the OHRC carries out its mission to eliminate discrimination in Oklahoma.
It sets procedural standards for complaints, investigations, conciliation, hearings, and enforcement.
Oklahoma courts consistently uphold the Commission’s broad authority and procedural rules.
Courts grant deference to the Commission’s factual findings and emphasize fairness and due process under Title 335.
The Commission’s reach includes public and private employers, housing providers, and other covered entities.
Remedies include monetary damages, reinstatement, and injunctive relief.
Retaliation against complainants is prohibited and protected by the rules.
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