Statute Annotations › Oklahoma › 25 Okla. Stat. § 1101

25 Okla. Stat. § 1101

Purpose and remedies of the Oklahoma Anti-Discrimination Act: the cases that interpreted this section

Jurisdiction
Oklahoma
Case notes
13
Cited in passing
60
Citing cases indexed
92
Case dates
1992–2025
Screened through
2025-12-23
Courts' treatment: live
No reviewed case has held this section invalid, preempted, superseded or repealed.
This reflects what the reviewed cases said, not legislative action: a later amendment or repeal by the legislature would not appear here unless a reviewed case discussed it.

73 citing cases reviewed of 92 in the citation index: 13 interpreted the section (annotated below), 60 cited it only in passing. Cases filed after 2025-12-23 may not have been reviewed yet.

Have a situation under 25 Okla. Stat. § 1101?

These notes show how courts have ruled. Ask about your specific facts and see which of these rulings apply, with citations you can check.

Purpose and interpretation

Law changed since The 2011 OADA amendments removed § 1101(A)'s express reference to federal civil rights law; this opinion interpreted the former purpose clause, as Hauck v. Putnam City Independent School District I001 — cluster 9923244 — filed 2022-08-24, explains.

Section 1101(A)’s statement of purpose does not make the federal Rehabilitation Act’s sole factor standard the standard for Oklahoma employment discrimination claims.

Bentley v. Cleveland County Board of County Commissioners ex rel. Cleveland County · filed 1994-11-29(A)

There is no question the state legislature sought to adopt the same policies intended under the Rehabilitation Act in preventing discrimination in the work place. However, under Oklahoma law, the legislative intent must be ascertained from the language of the pertinent statute. ... If the Oklahoma legislature wanted to adopt the federal standard it could have easily done so by adding the word “solely” to the statute. It did not do so.
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Law changed since The 2011 OADA amendments removed § 1101(A)’s express reference to federal civil rights law, as Hauck v. Putnam City Independent School District I001 explains; this opinion interpreted the former purpose clause.

Section 1101(a) identifies implementing Title VII in Oklahoma as a purpose of the Oklahoma Anti-Discrimination Act, so the Act is interpreted together with Title VII when determining an employee’s rights under state law.

Marshall v. OK Rental & Leasing, Inc. · filed 1997-03-18(a)

One of the expressed purposes of Oklahoma’s anti-discrimination statute was to implement the provisions of Title VII into the State of Oklahoma. ... List teaches that we must therefore interpret Oklahoma’s anti-discrimination statute together with Title VII in order to determine an employee’s rights under state law.
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Law changed since The 2011 OADA amendments made statutory remedies exclusive for covered employment discrimination claims and abolished related Burk public policy tort claims, as Bennett v. Windstream Communications, Inc. explains.

Section 1101(b) calls for liberal construction of the Act to further its purposes, preserving common-law wrongful-discharge claims based on racial discrimination or retaliation.

Tate v. Browning-Ferris, Inc. · filed 1992-05-22(b)

Interpreting the Act liberally, as we must, in furtherance of its general purposes, we are not persuaded that common-law rights stand abrogated for workers who claim to have been discharged under the circumstances alleged by the plaintiff in this case.
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Law changed since The 2011 OADA amendments removed § 1101(A)’s express reference to federal civil rights law, as Hauck v. Putnam City Independent School District I001 explains; this opinion interpreted the former purpose clause.

Section 1101 states the purpose of Oklahoma’s anti-discrimination scheme by reference to specified federal discrimination laws; it does not make § 1983 part of that scheme.

Glenn v. State ex rel. Department of Corrections · filed 1997-04-01

However, we find those sections inapplicable. As part of Oklahoma’s statutory anti-discrimination scheme, section § 1101 clearly states its purpose, i.e., to “provide for execution within the state of the policies embodied” in the federal Civil Rights Act of 1964, the federal Age Discrimination in Employment Act of 1967, and the federal Rehabilitation Act of 1973. There is no mention of § 1983.
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Law changed since Same change as noted above.

Section 1101 incorporates Title VII’s policies but distinguishes those policies from the Act’s remedies.

Collier v. Insignia Financial Group · filed 1999-05-25(A)

Construction of this language leads inescapably to the conclusion that while the Legislature meant to incorporate the policies of Title VII (among other federal acts), it intended that the Act’s primary remedial scheme be that afforded by the Fair Housing Law.
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Law changed since The 2011 OADA amendments made statutory remedies exclusive for covered employment discrimination claims and abolished related Burk public policy tort claims, as Bennett v. Windstream Communications, Inc. explains.

Section 1101's purpose of prohibiting racial discrimination in employment supplies public policy for a Burk tort claim regardless of employer size.

Smith v. PIONEER MASONRY, INC. · filed 2009-11-10

In conclusion, we hold that one of the primary purposes of Oklahoma's Anti-Discrimination Act is to prohibit racial discrimination in employment and to make such discrimination a legal wrong. This purpose constitutes a general declaration of public policy on this subject. To vindicate violations of this policy, the Act provides statutory remedies in cases where employers have more than fifteen employees, while the common law provides a Burk tort to all victims of racial discrimination regardless of the number of employees.
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Exclusive remedies

Section 1101(A) makes OADA remedies exclusive for employment discrimination claims and abolishes related Oklahoma public policy tort claims.

Bennett v. Windstream Communications, Inc. · filed 2014-06-27(A)

To the extent Bennett’s claim is based on violation of Oklahoma public policy— i.e., a Burk tort claim — such claims were abolished effective November 1, 2011, when the OADA was amended to provide for ... Okla. Stat. tit. 25, § 1101(A) (emphasis added).
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Section 1101(A) makes the OADA’s remedies exclusive for employment sex discrimination claims and precludes a tortious interference claim based on the same alleged discrimination.

Jones v. Needham · filed 2017-05-12(A)

The OADA “provides for exclusive remedies within the state of the policies for individuals alleging discrimination in employment on the basis of ... sex.” Okla. Stat. tit. 25, § 1101(A). ... The district court concluded that since Mr. Jones’s tortious interference claim was based on the same set of facts as his sex discrimination claim it fell within the OADA’s limitation of common law remedies. We agree.
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Section 1101(A) makes the Oklahoma Anti-Discrimination Act an exclusive remedy for employment-related discrimination.

Watts v. Oklahoma Department of Mental Health and Substance Abuse Services · filed 2020-05-20(A)

By statutory amendments in 2011, the Oklahoma Legislature removed any doubt that OADA provides an exclusive remedy for employment-related discrimination. See Okla. Stat. tit. 25, §§ 1101(A), 1350(A).
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Section 1101(A) makes the OADA's remedies exclusive for employment discrimination based on the listed protected characteristics.

MacDONALD v. CORPORATE INTEGRIS HEALTH · filed 2014-02-25(A)

The Legislature has declared that the OADA "provides the exclusive remedies within this state . . . for individuals alleging discrimination in employment on the basis of race, color, national origin, sex, religion, creed, age, disability or genetic information." 25 O.S.2011, § 1101(A) (emphasis added).
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Section 1101 makes the OADA’s remedies exclusive for covered employment discrimination claims and preempts tortious interference claims based on the same conduct when their legal theories are not sufficiently distinct.

Patterson v. Rural Water District 2 Cotton County · filed 2020-02-07

The OADA “provides for exclusive remedies within the state of the policies for individuals alleging discrimination in employment on the basis of . . . age [or] disability.” 25 O.S. § 1101. ... In accordance with the guidance provided by the Tenth Circuit, Plaintiffs sixth and seventh causes of action for tortious interference are therefore preempted by the OADA.
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Section 1101 preempts tortious-interference claims based on age or disability discrimination unless the tort rests on a sufficiently distinct legal theory.

Coleson v. Feed The Children Inc · filed 2022-07-08

Consequently, to the extent Plaintiff relies on his claims of age and disability discrimination as the factual basis for his intentional interference with contract and prospective economic advantage causes of action, they are preempted and barred by the OADA.
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Section 1101 makes the Oklahoma Anti-Discrimination Act the exclusive remedy for employment discrimination and preempts common law claims arising from the same conduct.

BAUGHMAN v. WORLD ACCEPTANCE CORPORATION · filed 2025-09-16

Here, the plain language of Sections 1101 and 1350 reflect the Legislature's intent for the OADA to comprehensively govern employment discrimination under state law and to preempt any common law claims arising from the same conduct.
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60 more cases cited this section only in passing

These cases mention the section without interpreting it (a string cite, a footnote, background). Listed so you can see the full citation record, not just the annotated rulings.

Dowell v. BD. OF EDUC. OF OKLAHOMA CITY PUB. SCH., the court mentions the Act as historical context but does not decide any rule of § 1101. opinion →
Leflore v. Flint Industries, the court resolves the state claim using an unchallenged comparison to the ADEA; it does not decide § 1101’s own rules. opinion →
Anthony v. City of Clinton, the court cites § 1101 only as the starting point of an et seq. reference to the Act. Its decision on the state law claim concerns § 1302(A)(1), not § 1101. opinion →
Lawler v. Quicktrip Corp., this court decided the ADA appeal. The district court dismissed the OADA claim, and § 1101 appears only as the first section in an OADA et seq. citation. opinion →
Sanders v. Southwestern Bell Telephone, L.P., the court cites § 1101 as the first section in an et seq. reference to the OADA; it does not decide § 1101’s own rules. opinion →
McCully v. American Airlines, Inc., the reference describes the plaintiff’s allegations, not this court’s decision about § 1101. opinion →
Jones v. Oklahoma City Public Schools, the court only reports Jones’s concession below. Section 1101 appears as the start of an et seq. reference, and the court makes no decision about it. opinion →
Kodatt v. Oklahoma City University, section 1101 appears only as the first section in an et seq. reference to the Oklahoma Anti-Discrimination Act; the court does not decide a rule of § 1101 itself. opinion →
Doe v. Oklahoma City University, the § 1101 citation introduces the Act through an “et seq.” reference. The court addressed the Burk tort claim, not a rule of § 1101. opinion →
Potter v. Synerlink Corporation, the court mentions § 1101(A) as background to the OADA amendment but does not decide that section’s own rules. opinion →
Lupton v. American Fidelity Assurance Co., the court cites § 1101 only as the start of an et seq. reference to the Act; it does not decide that section’s rules. opinion →
Boydston v. Mercy Hospital Ardmore Inc, section 1101 appears only as the first number in an et seq. reference to the OADA. The court decides the application of other OADA provisions, not section 1101’s own rules. opinion →
Betchan v. Board of Regents of the University of Oklahoma, the court cites § 1101 only as the first section in an et seq. reference to the OADA and decides whether to exercise supplemental jurisdiction, not any rule of § 1101. opinion →
Ramirez v. Board of Regents for the Regional University System of Oklahoma, the court cites § 1101(A) for background but decides whether sovereign immunity bars the OADA claim, without deciding a rule of § 1101(A). opinion →
Cronkite v. Oklahoma Attorney General, § 1101 appears only as the first number in an OADA “et seq.” citation. The court did not decide any rule of this section. opinion →
Kierl-Allen v. Salvation Army Arkansas Oklahoma Division, the court cites § 1101 only as the first section in an et seq. reference to the Oklahoma Anti-Discrimination Act; it does not decide § 1101’s own rules. opinion →
Stainsby v. Oklahoma Health Care Authority, the court cites § 1101 only as the first section in an et seq. reference to the Act; it decides a discovery dispute without deciding any rule of § 1101. opinion →
Cronkite v. Oklahoma Attorney General, the court cites § 1101 only as the first section in an OADA reference. It decides a motion for reconsideration without deciding any rule of § 1101. opinion →
Hauck v. Putnam City Independent School District I001, the court mentions § 1101’s amended statement of purpose, but decides whether OADA claims must comply with the GTCA’s notice requirements, not a rule of § 1101. opinion →
Drake v. Oklahoma State Department of Health, the court cites § 1101 et seq. to identify a claim, but decides only the separate Burk tort claim under the GTCA. opinion →
Stainsby v. Oklahoma Health Care Authority, the court mentions § 1101 only while describing Plaintiffs’ claims; it makes no decision about that section. opinion →
Bley v. Independent School District No I-041 of Oklahoma County, the reference to § 1101 reports a claim in the complaint; the court does not decide anything about that section. opinion →
Bley v. Independent School District No I-041 of Oklahoma County, the court cites § 1101 only as the start of an et seq. reference identifying a claim. It decides an attorney-client privilege dispute, not a rule of § 1101. opinion →
Stephens v. BMAG Management Company LLC, section 1101 appears only as the first number in an et seq. citation to the Act; the court does not decide a rule of that section. opinion →
Shelkett v. Fluffys Management Service LLC, the court decides whether removal was proper, not any rule of § 1101. The section appears only as the first number in Defendant’s et seq. reference to the OADA. opinion →
Gates v. Oklahoma Health and Wellness Center, the court recites § 1101(A)’s exclusivity language but does not decide or apply that rule; it resolves the OADA discrimination claim using the Title VII analysis. opinion →
Theron v. Board of County Commissioners, the court recites § 1101(A)’s exclusivity language but does not decide its meaning or apply its remedy rule; it decides whether the age-discrimination claim survives dismissal. opinion →
Simpson v. American Fidelity Assurance Co, the court cites § 1101 only to identify the Act; the opinion contains no decision about that section. opinion →
Goudeau, the court decides whether GTCA notice is required for an OADA claim. Section 1101 appears only as the first number in an 'et seq.' citation to the Act; the court does not decide that section’s own rules. opinion →
Good, the court lets the OADA claim proceed but does not decide any rule of § 1101; it cites that section only as the first number in an et seq. reference to the Act. opinion →
Vantine v. City of Tulsa, the court quotes § 1101(b), but its ruling construes the definition of public accommodation in § 1401, not a rule of § 1101. opinion →
National Cowboy Hall of Fame & Western Heritage Center v. State Ex Rel. Oklahoma Human Rights Commission, the § 1101 reference reports the Hearing Commissioner's finding. The court itself decides the notice deadline and limitations issues under other provisions, not § 1101. opinion →
Dowell v. Board of Education of the Oklahoma City Public Schools, Independent District No. 89, the court cites § 1101 as the first section of an Act but does not decide this section’s own rules. opinion →
Gunn v. Consolidated Rural Water & Sewer District No. 1, the court cites § 1101 only as the first section in an et seq. reference to a different regulatory scheme; it decides no rule of § 1101. opinion →
Gilmore v. Enogex, Inc., the court decided a wrongful-discharge claim involving drug testing. Its reference to 25 O.S.1991 §§ 1101 et seq. describes the broader anti-discrimination act; it does not decide § 1101’s own rules. opinion →
City of Hugo v. State Ex Rel. Public Employees Relations Board, the court decides the PERB’s authority under 11 O.S.1991 § 51-104b(C). It mentions § 1101 only as the first section in an et seq. reference to another Act, without deciding this section’s rules. opinion →
Williams v. Dub Ross Co., the court cites § 1101 only as the first section in an et seq. reference to the Act; it does not decide § 1101’s own rules. opinion →
Heckelmann v. Piping Companies, Inc., the court quoted § 1101(A) while deciding federal jurisdiction, but did not decide this section’s own rules. opinion →
Brown v. Ford, the court cites § 1101 as the start of an Act-wide reference, but decides the employee threshold set by other provisions, not a rule of § 1101 itself. opinion →
Duncan v. City of Nichols Hills, the court uses § 1101(a) to describe the Act’s purpose, but decides whether claims under § 1901 must comply with the Governmental Tort Claims Act. It does not decide a rule of § 1101. opinion →
Pellegrino v. State, Ex Rel. Cameron University, Ex Rel. Board of Regents, the court decides whether GTCA notice requirements apply. Section 1101 appears only as the first number in an et seq. reference to the discrimination law. opinion →
Cox v. STATE EX REL. OKLAHOMA DHS, the court cites § 1101 only as the first section in an et seq. reference to the Act; it decides no rule of § 1101. opinion →
Shackelford v. OKLAHOMA DOC EX REL. STATE, the court decides the requirements of §§ 1901 and 1502(A); § 1101 appears only as the first number in an et seq. reference to the Act. opinion →
Stanphill v. Health Care Service Corp., the court reserved the state-law issue and did not decide any rule of § 1101; the section appears only in an et seq. reference to the Act. opinion →
HALL v. THE GEO GROUP, INC, the reference to §1101 reports a ruling in Duncan; this court does not decide a rule of §1101. opinion →
Washington v. Oklahoma City University, the court decides whether the OADA retaliation claim survives dismissal, but does not decide any rule of § 1101; that section appears only as the first number in an et seq. citation to the Act. opinion →
Childers v. Oklahoma County Board of County Commissioners, the court applied the GTCA’s notice requirement; it did not decide any rule of § 1101, which appears only in an “et seq.” reference to the OADA. opinion →
Herron v. Watsons of Oklahoma City Inc, the court assumed without deciding whether the OADA precluded the common-law claim and did not decide any rule of § 1101. opinion →
Locke v. Choctaw City of, the court cites § 1101 as the first section in an OADA et seq. reference but does not decide this section’s purpose or remedies. opinion →
Jenkins v. CACI Inc - Federal, the court decides the OADA filing requirement under § 1350(B). It cites § 1101 only as the first section in an Act-wide et seq. reference. opinion →
Lake v. Carlisle Food Services Products Inc, the court cites § 1101 only as the starting point of an et seq. reference to the OADA; it does not decide this section’s own rules. opinion →
Solorzano v. Arepet Express LLC, the court decides claims under the OADA but does not decide § 1101’s own rules; the section appears only as the first number in an et seq. citation. opinion →
Jenkins v. CACI Inc - Federal, the opinion cites § 1101 only as the first section in an OADA et seq. reference and does not decide that section’s own rules. opinion →
Jenkins v. CACI Inc - Federal, the court cites § 1101 only as the starting point of an OADA et seq. reference and decides no rule of § 1101 itself. opinion →
Jenkins v. CACI Inc - Federal, the court cites § 1101 only as the starting point of an et seq. reference to the OADA; it does not decide § 1101’s own rules. opinion →
Jenkins v. CACI Inc - Federal, the court cites § 1101 only as the first section in an et seq. reference to the OADA; it does not decide § 1101’s own rules. opinion →
Jenkins v. CACI Inc - Federal, the court cites § 1101 only as the first section in an et seq. reference to the OADA; it does not decide this section’s purpose or remedies. opinion →
Jenkins v. CACI Inc - Federal, the court cites § 1101 only as the first section in an et seq. reference to the OADA; it does not decide § 1101’s own rules. opinion →
Wright v. OGE Energy Corp, the court cites § 1101 only as the first section in an et seq. reference to the OADA; it does not decide this section’s rules. opinion →
Wright v. OGE Energy Corp, the court cites § 1101 only as the start of an et seq. reference to the OADA; it does not decide this section’s rules. opinion →

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