Prohibited Discrimination, Harassment and Retaliation................................................... 2
I. Behaviors Prohibited by Law .................................................................................... 2
A. A. Discrimination (4-APPFS-3E-06)...................................................................... 2
B. B. Harassment ...................................................................................................... 3
C. C. Retaliation ........................................................................................................ 3
II. Definition and Categories of Protected Classes ....................................................... 3
A. Age ....................................................................................................................... 4
B. Disability ............................................................................................................... 4
C. Genetic Information .............................................................................................. 4
D. National Origin ...................................................................................................... 5
E. Pregnancy ............................................................................................................ 5
F. Race/Color............................................................................................................ 5
G. Religion ................................................................................................................ 5
H. Gender ................................................................................................................. 6
I. Sexual Orientation ................................................................................................ 6
J. Sexual Harassment (2-CO-1C-11) ....................................................................... 6
K. Equal Pay/Compensation ..................................................................................... 8
III. State-Specific Prohibited Behavior ........................................................................... 8
IV. Responding (5-ACI-1C-06, 4-APPFS-3E-04, 4-APPFS-3E-06) ................................ 8
A. Receiving a Complaint .......................................................................................... 8
B. Reporting the Complaint (5-ACI-1C-06, 4-APPFS-3E-04, 4-APPFS-3E-06) ........ 9
C. The ERRU will maintain a log of all contacts that do not result in initiation ......... 10
D. Cease and Desist Orders ................................................................................... 10
E. Separation .......................................................................................................... 10
F. Prevention of Retaliation or the Appearance of Retaliation ................................ 10
V. Investigating ........................................................................................................... 11
A. Investigations into allegations of discrimination, harassment, and retaliation. .... 11
B. Investigations will be initiated within two business days by establishing. ........... 11
C. Digital recordings will be made of all interviews. Interviewees are not allowed. .. 11
D. A report of the investigation process and findings will be prepared. ................... 11
E. Employees are responsible for cooperating in an investigation and honoring. ... 11
F. The agency and its supervisors/managers/administrators will not discriminate. . 11
G. After completion of an investigation any person, except an inmate/offender. ..... 11
H. Final review is completed by the agency director or designee.. ......................... 11
I. The report and recording(s) action will be returned to ERRU for final closure .... 11
VI. Steps to Correct Behaviors ..................................................................................... 12
A. Potential Parties to Action Steps ........................................................................ 12
B. Responsive Actions ............................................................................................ 12
VII. Prevention .............................................................................................................. 13
A. Training .............................................................................................................. 13
B. Awareness .......................................................................................................... 13
VIII. Disciplinary Action .................................................................................................. 13
A. Anyone in a supervisory or management capacity who had knowledge of ......... 13
B. Anyone who interferes with the resolution of a complaint by threats .................. 13
C. Anyone who files a frivolous complaint or one that is initiated in bad faith. ........ 13
IX. References ............................................................................................................. 13
X. Action ..................................................................................................................... 15
Attachments ............................................................................................................... 16
Section-11 Human Resources
OP-110410
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Prohibited Discrimination,
Harassment and Retaliation
ACA Standards: 2-CO-1C-01, 2-CO-1C-09-01, 2-CO-1C-09, 2-
CO-1C-11, 5-ACI-1C-06, 4-ACRS-7E-05, 4-APPFS-3E-04, 4-
APPFS-3E-06
Steven Harpe, Director Signature on File
Oklahoma Department of Corrections
Prohibited Discrimination, Harassment and Retaliation
The Oklahoma Department of Corrections (ODOC) is committed to making employment
decisions consistent with federal and state laws as well as guidelines established for
equal employment opportunity. Employment decisions will be made based on valid
requirements for employment opportunities. Decisions will be made without regard to
political or religious opinion or affiliation, race, creed, sex, gender, age, color, national
origin, sexual orientation, veterans’ status, genetic information, pregnancy, or disability,
so long as the disability does not render the person unable to perform the essential
functions of the position for which they are employed. (5-ACI-1C-06, 4-ACRS-7E-05, 4-
APPFS-3E-04)
It is the policy of ODOC not to discriminate in any of its employment practices. Any form
of unlawful discrimination is a very serious matter and will not be tolerated.
The principles of equal employment opportunity apply to all employment practices and
personnel actions throughout the agency including: recruiting, hiring, promotions,
demotions, separations, transfers, reductions in force (RIF), recall, compensation,
benefits, and all other terms and conditions of employment. All personnel actions, as well
as all decisions relating to employment practices, are to be made in accordance with the
spirit of equal employment opportunity for all. Employment decisions are to be based on
valid requirements for employment opportunities in accordance with OP-110235 entitled
“Hiring and Promotional Procedures.” (4-ACRS-7E-05, 4-APPFS-3E-04)
The Employee Rights and Relations unit (ERRU) is available to any employee having
questions or needing assistance in regard to equal employment opportunity. (5-ACI-1C-
06, 4-ACRS-7E-05, 4-APPFS-3E-04)
For the purpose of this procedure, the term “facility” will apply to institutions and
community corrections centers; the term “facility head” will apply to wardens and
community corrections centers administrators and the term “unit head” will apply to unit
administrators and administrators of Community Corrections.
I. Behaviors Prohibited by Law
A. Discrimination (4-APPFS-3E-06)
No employee will be in any way favored or discriminated against because
of political or religious opinions or affiliations, race, creed, sex, gender,
color, age, national origin, genetic information, pregnancy, sexual
orientation, veterans’ status, or disability so long as the disability does not
render the employee unable to perform the essential function of the position
for which the person is employed.
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B. Harassment
Harassment may involve actions or statements related to a person's
protected class, including offensive remarks or physical aggression, among
other behaviors. The harasser can be the victim's supervisor, a supervisor
in another area, a co-worker, an inmate/offender, a vendor, a volunteer or
a customer.
Harassment is not limited to sexual behaviors. It is unlawful to harass a
person because of their protected class. Harassment can include, for
example, comments, graphic materials, or writings that are not flattering or
are unwelcome regarding a person’s nationality, origin, race, color, religion,
gender, sexual orientation, veterans’ status, pregnancy, age, genetic
information, body disability or appearance, or political affiliation. These may
take the form of epithets, slurs, or negative stereotyping, in any manner.
Although the law does not prohibit simple teasing, offhand comments, or
isolated incidents that are not very serious, harassment is illegal when it is
so frequent or severe that it creates a hostile or offensive work environment
or when it results in an adverse employment decision. Additionally, while
the law may not prohibit simple teasing, offhand comments, or isolated
incidents that are not very serious, agency procedure does require
employees treat one another with dignity and respect at all times.
Behaviors violating OP-110215 entitled “Rules Concerning the Individual
Conduct of Employees,” or OP-110214 entitled “Workplace Violence,”
including bullying, may constitute illegal harassment if the behavior is based
upon or directed toward the recipient’s membership in a class protected by
state and/or federal law.
C. Retaliation
It is illegal to fire, demote, harass, or otherwise “retaliate” against people
(applicants or employees) because they filed a charge of discrimination,
complained to their employer or other enforcement entity about
discrimination on the job, or participated in an employment discrimination
proceeding (such as an investigation or lawsuit). Retaliation is defined as
punishment or any adverse action taken against an employee for
participating in a legally protected activity.
Federal and state laws, along with this procedure, prohibit any form of
retaliation against a person who complains about discrimination. Individuals
who give information about a complaint, including all supervisors mandated
to report directly to ERRU, and individuals who participate in an
investigation are also protected from workplace reprisals.
II. Definition and Categories of Protected Classes
“Protected class” refers to characteristics or factors which cannot be targeted for
discrimination and harassment under state or federal laws. Characteristics or
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factors include political or religious opinion or affiliation, race, creed, sex, gender,
sexual orientation, age, color, national origin, veterans' status, disability,
pregnancy, or genetic information.
A. Age
Age discrimination involves treating a person (an applicant or employee)
less favorably because of their age. The Age Discrimination in Employment
Act (ADEA) only forbids age discrimination against people who are age 40
or older. It does not protect workers under the age of 40; it is unlawful to
harass a person because of their age.
B. Disability
Disability discrimination occurs when an employer treats an employee or
applicant with a disability unfavorably because they have a disability, a
record of a disability, or is perceived to have a disability. Not everyone with
a medical condition is protected by the law. In order to be protected, a
person will be qualified for the job, able to perform the essential functions
of the job with or without an accommodation, and have a disability as
defined by the Americans with Disabilities Act (ADA) and the Americans
with Disabilities Act, Amendments Act (ADAAA).
Disability discrimination also occurs when a covered employer or other
entity treats an applicant or employee less favorably because they have a
history of a disability or because they are believed to have a physical or
mental impairment that is not short-term and minor. Impairments that are
episodic or in remission can be disabilities if they would substantially limit a
major life activity when active. Impairments can include physical conditions,
emotional or mental illness, or certain learning disabilities. Impairments can
also include treatments, devices, or medicines that help an individual with
their impairment.
In accordance with OP-110346 entitled “Reasonable Accommodations in
Employment,” a reasonable accommodation will be provided to an
employee or job applicant with a disability, unless doing so would cause
undue hardship.
C. Genetic Information
Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA),
which prohibits genetic information discrimination in employment, took
effect on November 21, 2009.
Under GINA, it is illegal to discriminate against employees or applicants
because of genetic information. GINA prohibits the use of genetic
information in making employment decisions, restricts employers from
requesting, requiring, or purchasing genetic information, and strictly limits
the disclosure of genetic information.
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D. National Origin
Title VII of the Civil Rights Act governs national origin discrimination.
National origin discrimination involves treating applicants or employees
unfavorably because they are from a particular country or part of the world,
because of ethnicity or accent, or because they appear to be of a certain
ethnic background (even if they are not).
National origin discrimination may involve treating people unfavorably
because they are married to (or associated with) a person of a certain
national origin or because of their connection with an ethnic organization or
group.
E. Pregnancy
Pregnancy discrimination involves treating a woman (an applicant or
employee) unfavorably because of pregnancy, childbirth, or a medical
condition related to pregnancy or childbirth. The Pregnant Workers Fairness
Act (PWFA) states that a reasonable accommodation will be provided to an
employee or job applicant with limitations related to pregnancy, childbirth,
or related medical conditions, unless doing so would cause undue hardship.
The Pregnancy Discrimination Act (PDA) forbids discrimination based on
pregnancy when it comes to any aspect of employment, including hiring,
firing, pay, job assignments, promotions, reductions in force, training, and
any other term or condition of employment.
F. Race/Color
Title VII of the Civil Rights Act governs race and color discrimination. Race
discrimination involves treating an applicant or employee unfavorably
because he/she is of a certain race or because of personal characteristics
associated with race (such as hair texture, skin color, or certain facial
features). Color discrimination involves treating someone unfavorably
because of skin color complexion.
G. Religion
Religious discrimination, also governed by Title VII of the Civil Rights Act,
involves treating an applicant or employee unfavorably because of their
religious beliefs or lack thereof. The law protects not only people who
belong to traditional, organized religions, such as Buddhism, Christianity,
Hinduism, Islam, and Judaism, but also others who have sincerely held
religious, ethical, or moral beliefs. Religious discrimination can also involve
treating someone differently because that person is married to or associated
with an individual of a particular religion.
The law requires an employer or other covered entity to reasonably
accommodate an employee’s religious beliefs or practices, unless doing so
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would cause more than a minimal burden on the operations of the
employer's business. This means an employer may be required to make
reasonable adjustments to the work environment that will allow an
employee to practice their religion.
An employer does not have to accommodate an employee’s religious
beliefs or practices if doing so would cause undue hardship to the employer.
An accommodation may cause undue hardship if it is costly, compromises
workplace safety, decreases workplace efficiency, infringes on the rights of
other employees, or requires other employees to do more than their share
of potentially hazardous or burdensome work.
An employee cannot be forced to participate (or not participate) in a
religious activity as a condition of employment.
H. Gender
Gender discrimination involves treating an applicant or employee
unfavorably because of that person's sex or gender in violation of Title VII
of the Civil Rights Act.
It is unlawful to harass a person because of that person's gender.
Harassment can include "sexual harassment" or unwelcome sexual
advances, requests for sexual favors, and other verbal or physical
harassment of a sexual nature. Harassment does not have to be of a sexual
nature, however, and can include offensive remarks about a person's sex.
For example, it is illegal to harass a woman by making offensive comments
about women in general. It is also unlawful to make employment decisions
based on stereotypes about abilities and traits associated with gender.
Gender discrimination also includes favoring employment decisions based
on a person’s gender (e.g., setting salary based on gender instead of
qualifications). (Lilly Ledbetter Act)
I. Sexual Orientation
Title VII of the Civil Rights Act prohibits an employer from treating an
applicant or employee different or less favorably because of that person’s
sexual orientation or gender identity (including transgender status), or the
sexual orientation or gender identity of individuals associated with the
applicant or employee. Employees or applicants are not allowed to be
treated unfavorably because they do not conform to a sex-based stereotype
regarding feminine or masculine behavior.
J. Sexual Harassment (2-CO-1C-11)
1. Sexual harassment is prohibited by the Civil Rights Act of 1964, the
regulatory guidelines of the Equal Employment Opportunity
Commission, applicable federal and state laws and agency policy. In
some circumstances, it may also violate other laws (e.g., criminal
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assault). It is also a violation of OP-030601 entitled “Oklahoma
Prison Rape Elimination Act” for any supervisor or employee of
ODOC, male or female, to engage in the acts or behavior defined by
law as sexual harassment.
Sexual harassment is a form of unlawful discrimination based on an
unwelcome request for sexual favors or the gender of another person
as the basis for employment decisions. It is often behavior that is
personally offensive, degrading, designed to lower morale and to
intimidate.
No employee will permit or engage in any conduct which constitutes,
or is contributory to, sexual harassment. Sexual harassment is
defined as any unwelcome sexual advances, requests for sexual
favors, and verbal, graphic or physical conduct of a sexual nature
when:
a. Submission to such conduct is made either explicitly or
implicitly a term or condition of an individual’s employment;
b. Submission to, or rejection of, such conduct by an individual
is used as the basis for employment decisions affecting such
individual; or
c. Such conduct has the purpose or effect of unreasonably
interfering with an individual’s work performance or creating
an intimidating, hostile, or offensive working environment.
2. Sexual harassment does not refer to behavior or occasional
compliment of a socially acceptable nature. It refers to behavior that
is unwelcome, that is personally offensive, and that lowers morale,
therefore interfering with work effectiveness.
Examples of conduct that may constitute sexual harassment are:
a. Verbal statements and/or comments: Sexual innuendos,
suggestive comments, jokes of a sexual nature, sexual
propositions, lewd remarks or threats, requests for any type
of sexual favor (this includes repeated, unwelcome requests
for dates), verbal abuse or “kidding” that is oriented toward a
prohibitive form of harassment, including that which is
sexually oriented and considered unwelcome.
b. Nonverbal: The distribution, display, or discussion of any
written or graphic material, including calendars, posters and
cartoons that are sexually suggestive or show hostility toward
an individual or group because of sex; suggestive or insulting
sounds; leering; staring; whistling; obscene gestures; content
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in letters and notes, facsimiles, email, photos, text messages,
internet postings, etc. that is sexual in nature.
c. Physical: Unwelcome, unwanted physical contact including,
but not limited to, touching (unless job-related and performed
in accordance with procedure and training), tickling, pinching,
patting, brushing up against, hugging, cornering, kissing,
fondling, forced sexual intercourse or assault.
(1) Violence, threats of violence, intimidation, and other
threatening behavior are further defined in OP-110214
entitled “Workplace Violence.” The Office of the
Inspector General may further investigate if the act is
believed to be a violation of law.
K. Equal Pay/Compensation
The Equal Pay Act of 1963 (EPA) requires that men and women in the
same workplace be given equal pay for equal work. The jobs need not be
identical, but they will be substantially equal. Job content (not job titles)
determines whether jobs are substantially equal. All forms of pay are
covered by this law, including salary and overtime pay. If there is an
inequality in wages between men and women, employers may not reduce
the wages of either sex to equalize their pay.
III. State-Specific Prohibited Behavior
Oklahoma also establishes additional protection for political opinions or affiliations.
Specifically, state law states, “No person in the state service shall be appointed to
or demoted or dismissed from any position in the state service, or in any way
favored or discriminated against with respect to employment in the state service
because of political or religious opinions or affiliations, race, creed, gender, color
or national origin or by reason of any physical handicap so long as the physical
handicap does not render the employee unable to do the work for which he or she
is employed. The hiring of special disabled veterans pursuant to Sections 401
through 404 of Title 72 of the Oklahoma Statutes shall not constitute favoritism as
herein prohibited.” (74 O.S. § 840-2.9)
IV. Responding (5-ACI-1C-06, 4-APPFS-3E-04, 4-APPFS-3E-06)
A. Receiving a Complaint
Any supervisor who receives or becomes aware of a complaint of
discrimination, harassment, and/or retaliation may seek objective
information to further an investigation into the allegations, but seeking
additional information is not required. Information may include the following:
1. What happened?
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2. When did it happen?
3. Where did it happen?
4. Has it ever happened before?
5. Has it happened to anyone else?
6. Who was present when it happened?
7. Have you talked with anyone about the incident(s)?
8. Was the behavior welcome or unwelcome?
9. Was it conveyed to the alleged harasser that the behavior was
unwelcome?
10. Is there any other information that would substantiate the
allegation(s)?
B. Reporting the Complaint (5-ACI-1C-06, 4-APPFS-3E-04, 4-APPFS-3E-06)
1. Facility/unit heads will immediately report all allegations of
discrimination, harassment or retaliation (as defined in Section I. of
this procedure) to the ERRU.
2. Any supervisor receiving a complaint or who becomes aware of
conduct which is in violation of this section will immediately report the
complaint or conduct to the ERRU.
3. Employees will report any conduct which is perceived to be
harassment immediately. Reports or complaints of harassment
under this procedure may be made directly to the ERRU without
submission through the chain of command.
4. Managers will report any matter containing allegations of
discrimination, sexual harassment, or retaliation to the ERRU for
investigation. Discrimination investigations within or outside the
complaint process will be conducted by a certified investigator as
directed by the agency director or designee.
5. Complaints of discrimination, harassment, or retaliation for engaging
in protected activity will be reported immediately to any one of these
individuals:
a. The immediate supervisor;
b. Any level of management above the immediate supervisor,
especially when the issue involves the immediate supervisor;
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c. The administrator of Employee Rights and Relations ; and
d. The agency’s conflict resolution manager, as prescribed by
policy.
C. The ERRU will maintain a log of all contacts that do not result in initiation of
an investigation. The log will contain the date, facility/unit, name of staff
making contact and responding to the contact, nature of contact, and
resolution of the request. The log will be maintained for a period of time in
accordance with OP-020202 entitled “Management of Office Records.” (5-
ACI-1C-06, 4-APPFS-3E-04, 4-APPFS-3E-06)
D. Cease and Desist Orders
Pending the completion of any investigation or disciplinary response, the
facility/unit head may issue a cease and desist order to any employee
alleged to have committed any act of harassment, discrimination and/or
retaliation of this procedure.
The cease and desist order will be placed in the employee’s supervisory file
pending substantiation of the allegations. In the event the allegations are
substantiated and formal disciplinary action is issued, the order will be
placed in the employee’s personnel file.
If the allegations are not substantiated or warrant informal discipline, the
order may be removed from the employee’s supervisory file at the discretion
of the facility/unit head.
E. Separation
Facility/unit heads may separate the parties involved in a discrimination,
harassment, and/or retaliation complaint. Generally, the accused party will
be removed or relocated from the worksite. The General Counsel’s office
will be consulted regarding any decisions that result in changes to the
complainant’s working environment.
F. Prevention of Retaliation or the Appearance of Retaliation
1. Current Employees
The supervisor will consult with the General Counsel’s office
regarding employment decisions involving the complainant and any
witnesses, including disciplinary actions and transfers.
2. Former Employees
All references will be provided in accordance with OP-110105
entitled “Employee Personnel Records.” Any information released
will be in the form of official records only.
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V. Investigating
A. Investigations into allegations of discrimination, harassment, and retaliation
will be conducted by a certified discrimination complaint investigator. No
determination will be made regarding whether discrimination, harassment,
or retaliation has or has not occurred except by a certified discrimination
complaint investigator.
B. Investigations will be initiated within two business days by establishing
contact with the complainant. The investigation will be completed within a
reasonable time frame.
C. Digital recordings will be made of all interviews. Interviewees are not allowed
to use personal audio or video recorders during the interview.
D. A report of the investigation process and findings will be prepared utilizing
a standardized format.
E. Employees are responsible for cooperating in an investigation and honoring
the confidentiality of any investigation. Failure to cooperate with an
investigation will be reported to the employee’s chain of command to be
handled in accordance with OP-110415 entitled “Progressive Disciplinary
Procedures.” In accordance with OP-110105 entitled “Employee Personnel
Records” the appointing authority may determine that an employee is not
eligible for rehire if the employee resigns during an investigation.
F. The agency and its supervisors/managers/administrators will not
discriminate or retaliate against anyone for filing a complaint, testifying or
otherwise assisting, or participating in an investigation, proceeding or
hearing concerning an unlawful employment practice.
G. After completion of an investigation any person, except an inmate/offender,
who participated, gave a statement, or was interviewed, may request to
inspect the information that the individual has provided. Such request will
be made in writing through the employee’s chain of command stating the
purpose(s) of the request for inspection. The agency director may approve
or deny the request after due consideration of the stated purpose(s).
H. Final review is completed by the agency director or designee. If the subject
of the investigation is within the chain of command and/or regular review
process for ERRU reports, ERRU in consultation with the office of General
Counsel, will alter the regular review process to remove the subject of the
investigation from any part of the investigation or review process. If deemed
necessary by the office of General Counsel, ERRU investigations may be
sent to an outside civil rights investigator.
I. The report and recording(s) action will be returned to ERRU for final closure
and storage. Upon the closure of an investigation, the report and supporting
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material will be sealed and maintained in accordance with OP-020202
entitled ”Management of Office Records.”
VI. Steps to Correct Behaviors
The agency will not tolerate any conduct which contributes to a work environment
that is demeaning or disparaging of any employee or group of employees due to
membership in any protected class. The agency and its supervisors/managers will
take immediate action to stop inappropriate behaviors and prevent further
violations.
A. Potential Parties to Action Steps
Discrimination, harassment, or unlawful retaliation by any employee of
another will not be condoned or tolerated in ODOC. Any supervisory
employee, employee with authority for personnel matters, or other agent or
officer of ODOC who knows of or should have known that any employee of
the agency is being subjected to discrimination, harassment, or retaliation
will immediately act by reporting the facts to the ERRU, civil rights
administrator, or the agency director.
1. Any employee who causes, engages in, encourages, condones, or
otherwise permits discrimination, harassment, or unlawful retaliation.
2. Any supervisor or other responsible employee who fails to take
action or respond appropriately to allegations of discrimination,
harassment, or unlawful retaliation.
3. All employees of the affected worksite.
B. Responsive Actions
The facility/unit head will take immediate action necessary to reasonably
ensure that such misconduct does not re-occur. Responses may include,
but are not limited to:
1. Any disciplinary action, up to and including termination, which is
appropriate for the severity of the misconduct, in accordance with
OP-110415 entitled “Progressive Disciplinary Procedures”;
2. Instructive memoranda to all employees in the affected worksite,
including follow-up and monitoring compliance;
3. Any other action to deter inappropriate workplace behavior;
4. Training; and/or
5. Transfer.
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The Employee Rights and Relations unit may conduct a follow–up
investigation within three months following the termination of an
investigation to determine whether additional harassment or retaliation has
occurred. Records will be maintained to document that the follow–up
investigation was conducted, along with a statement of the results.
VII. Prevention
It is the responsibility of all employees to adhere to agency procedure and use all
reasonable efforts to further its goals and spirit. Supervisors will address workplace
conflicts and inappropriate behaviors immediately and, in a manner consistent with
performance management and progressive discipline principles.
A. Training
All ODOC employees and supervisors will receive training regarding equal
employment opportunity issues during orientation and annually thereafter.
Courses will include “Sexual Harassment and Cultural
Diversity/Awareness.” (4-APPFS-3E-06)
B. Awareness
All employees will ensure awareness through enforcement of federal and
state laws and agency procedure; modeling respectful behaviors in
accordance with OP-110215 entitled “Rules Concerning the Individual
Conduct of Employees,” encouraging attendance at additional training
opportunities and enforcing the agency’s anti-discrimination policy at all
times.
VIII. Disciplinary Action
Any employee who violated this procedure by engaging in conduct that constitutes
discrimination, harassment, bullying, or retaliation will be subject to disciplinary
action up to and including termination in accordance with OP-110415 entitled
“Progressive Disciplinary Procedures.” Disciplinary measures may also be
imposed upon:
A. Anyone in a supervisory or management capacity who had knowledge of
discriminatory conduct and failed to report the knowledge or take corrective
action;
B. Anyone who interferes with the resolution of a complaint by threats,
intimidation, retaliation or reprisal; or
C. Anyone who files a frivolous complaint or one that is initiated in bad faith.
IX. References
Policy Statement P-110100 entitled “Uniform Personnel Standards”
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OP-020202 entitled “Management of Office Records”
OP-030601 entitled “Oklahoma Prison Rape Elimination Act”
OP-110105 entitled “Employee Personnel Records”
OP-110205 entitled “Employee Conflict Resolution Procedures”
OP-110214 entitled “Workplace Violence”
OP-110215 entitled “Rules Concerning the Individual Conduct of Employees”
OP-110235 entitled “Hiring and Promotional Procedures”
OP-110346 entitled “Reasonable Accommodations in Employment”
OP-110415 entitled “Progressive Disciplinary Procedures”
Age Discrimination in Employment Act of 1967 (ADEA), Public Law 90-202
Older Workers Benefit Protection Act, Public Law 101-433
Americans with Disabilities Act of 1990 (ADA), Public Law 101-336
Americans with Disabilities Act, Amendments Act of 2008 (ADAAA), Public Law
110-325
Rehabilitation Act of 1973, Public Law 93-112
Rehabilitation Act Amendments of 1992, Public Law 102-569
Equal Pay Act of 1963 (EPA), Public Law 88-38
Lilly Ledbetter Fair Pay Act of 2009, Public Law 111-2
Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), Public
Law 110-233
Title VII of the Civil Rights Act of 1964, Public Law 88-352
Pregnancy Discrimination Act (PDA), Public Law 95-555
Pregnant Workers Fairness Act (PWFA), Public Law 117-328
Vietnam Era Veterans’ Readjustment Assistance Act of 1974, 41 C.F.R §§ 60-
300
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Uniformed Services Employment and Reemployment Rights Act of 1994
(USERRA), as amended, 38 U.S.C. §§ 4301-4335
74 O.S. § 840-2.9
74 O.S. § 954
25 O.S. §1301, et seq.
X. Action
The agency director is responsible for compliance with this procedure.
The administrator of Employee Rights and Relations is responsible for the annual
review and revisions.
Any exception to this procedure will require prior written approval from the
agency director.
This procedure is effective as indicated.
Replaced: OP-110410 entitled “Prohibited Discrimination, Harassment and
Retaliation” dated November 10, 2021
Deleted: OP-110410 Revision-01 dated January 17, 2022
OP-110410 Revision-02 dated January 28, 2022
Distribution: Policy and Operations Manual
Agency Website
OP-110410
Page: 16
Effective Date: 08/13/2024
Attachments Title Location
Attachment A “Oklahoma Department of Corrections OP-110205
Conflict Resolution Request Form”