Statute
Classes Protected
- Sex, race, color, religion, national origin, age, genetic information, disability
Key Language on Pay Discrimination
- It is unlawful for any employer “to willfully pay wages to women employees at a rate less than the rate at which he pays any employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort and responsibility[.]”
- It is a discriminatory practice “to discriminate against an individual with respect to compensation . . . because of race, color, religion, sex, national origin, age, genetic information or disability[.]”
Exceptions for Pay Disparities (Including Affirmative Defenses)
- Seniority system
- Merit system
- System which measures earnings by quantity or quality of production
- Bona fide occupational qualification reasonably necessary to the normal operation of the business or enterprise
- Employees work in different locations
- Differences are not the result of an intent to discriminate
- Differences are otherwise required or permitted by the laws of Oklahoma, the Civil Rights Act, or the Fair Labor Standards Act (FLSA)
- Differences based on any factor other than sex
Anti-Retaliation
- Prohibits retaliation (implied by penalties).