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Employment

Employment Attorney in Tulsa, Oklahoma

Employers have a responsibility to not only provide a safe workplace to all employees but to not participate in or condone inappropriate behavior or actions. This is true in regards to harassment and working conditions. Employee leadership has a legal obligation to set the standard while being the epitome of treating all individuals with dignity and respect. According to Forbes, “Leaders must have the skills, capability, and willingness to listen, empathize, withhold advice or quick solutions and help their employees empower themselves to deal with some issues themselves. They must be knowledgeable of their company’s policy and procedures to know when an issue must be elevated, coupled with the skills to stand by the employee as they navigate the process. Finally, leaders must be able to learn from any incidents and determine appropriate changes for the future.”Find your Tulsa Employment Attorney

Hostile Work Environments

Every employee should be allowed to experience a healthy and positive work environment. Being subjected to a hostile workspace can be overwhelming and stressful. Further, it often hinders even the most exemplary employee’s work performance. A hostile work environment can stem from a variety of situations that we will elaborate on further. If you feel you have been the victim of a hostile work environment use the Tulsa Attorney Directory to hire an experienced employment lawyer to handle your case.

Sexual Harassment

One of the most common types of employment discrimination is sexual harassment. Sexual harassment can happen to any person regardless of your age, gender, sexual preference, national origin, or education. Being the target and/or victim of sexual harassment can be a stressful, dehumanizing, and humiliating experience. If you have received any inappropriate and/or unwelcome sexual remarks, request for lewd favors, or physical advances in a professional setting or workplace use the Tulsa Attorney Directory to find legal representation that specializes in sexual harassment.

Race Discrimination

If you have been treated unfavorably in your workplace because of your race or the race of your spouse, consult a lawyer. Racial harassment includes the display of racially-offensive symbols and racial slurs and offensive or derogatory remarks about a person’s race or color. An employment policy or practice that applies to everyone, regardless of race or color, can be illegal if it has a negative impact on the employment of people of a particular race or color and is not job-related and necessary to the operation of the business. The EEOC states, “For example, a “no-beard” employment policy that applies to all workers without regard to race may still be unlawful if it is not job-related and has a negative impact on the employment of African-American men (who have a predisposition to a skin condition that causes severe shaving bumps).”

Age Discrimination

The Age Discrimination in Employment Act of 1967 offers protections to individuals over the age of forty against employment discrimination based on their age. Below are examples of illegal age discriminatory practices:

  1. To refuse employment, discharge, or withhold compensation benefits based on age.
  2. To deny admission to or employment in a program established to provide training based on age.
  3. To segregate, limit, or classify an employee in such a manner that would deprive him/her of employment opportunities.
  4. To print or publish a job notification that includes age restrictions.
  5. Aid, abet, incite, or coerce a person to engage in discriminatory practices.  
  6. To retaliate against anyone who has opposed a discriminatory practice.
  7. Willfully interfere with a discrimination investigation.

Gender (Sex-Based) Discrimination

Discrimination on the basis of sex is illegal and involves treating someone poorly based on their gender. This includes “gender identity” and “transgender status”. If you’re denied a promotion or position based on your gender you may have experienced discrimination. Another example of gender discrimination is when one employee receives a significant pay difference as someone of the opposite sex who holds the same job position, training, and job experience. If employee spouses qualify coverage on your company insurance, but your spouse is denied based on your gender, consult with a lawyer. Gender discrimination can happen to both males and females, and pertains to hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

Disability Discrimination and Harassment

Disability discrimination occurs when a company, boss, or coworker treats a qualified individual with a disability who is an employee or applicant unfavorably because he/she has a disability or a history of a disability. The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause undue hardship. Disability harassment happens when offensive remarks about a person’s disability are made.

On The Job Drug Testing

Laws pertaining to on the job drug testing varies state to state. In Oklahoma the laws are clear. Any applicant testing is authorized with advance notice to the applicant and after an offer of employment has been made. As far as current employees go, employees ’ tested are authorized to a thirty-day advance notice; including the policy describing the potential discipline for a positive test result. All of these procedures must ensure the privacy and confidentiality of results. A second test to confirm a positive result must be administered. Below are a few keynotes from the Oklahoma Statute pertaining to Random On The Job Drug Testing.

Random Drug Testing

A public or private employer may request or require an employee or all members of an employment classification or group to undergo drug or alcohol testing at random and may limit its random testing programs to particular employment classifications or groups, except that a public employer may require random testing only of employees who:

The Standards for Workplace Drug and Alcohol Testing Act shall not be construed as requiring or encouraging employers to conduct drug or alcohol testing:

Find the Best Employment Lawyers in Tulsa

As stated before, every employee is entitled to experience a healthy and positive work environment no matter what company they work for. Being subjected to a hostile workspace is unfair and illegal. If you have suffered from any discrimination and been the victim of a hostile work environment, use the Tulsa Attorney Directory to hire an experienced employment lawyer to handle your case.

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