FEPA Discrimination Charge and Right-to-Sue Procedure — Oklahoma

FEPA Discrimination Charge and Right-to-Sue Procedure (OKLAHOMA)

Quick-Reference Summary

Part A — Pre-Filing Eligibility Memo

TO: [CLIENT NAME]
FROM: [ATTORNEY NAME], [FIRM]
DATE: [__/__/____]
RE: Eligibility assessment — Oklahoma Anti-Discrimination Act / OCRE / EEOC charge

1. Employer Coverage (25 O.S. § 1301(1))

2. Protected Class & Adverse Action

Adverse Action(s): ☐ Termination ☐ Demotion ☐ Failure to hire/promote ☐ Discipline ☐ Pay disparity ☐ Hostile work environment ☐ Constructive discharge ☐ Failure to accommodate ☐ Retaliation ☐ Other: [____________]

Date of last discriminatory act: [__/__/____]

3. Timeliness Analysis

4. Strategy

• ☐ File at OCRE + EEOC dual-filing (standard path)
• ☐ File at EEOC only with worksharing referral to OCRE
• ☐ Request "early" RTSL after 180 days (25 O.S. § 1350(C))
• ☐ Pursue federal Title VII / ADEA / ADA in U.S. District Court (broader remedies — compensatory + punitive damages available under 42 U.S.C. § 1981a, capped $50K–$300K)
• ☐ If public employer: file GTCA notice IMMEDIATELY (parallel track, Conner v. State)

5. Damages Assessment

Strategic Note: Because OADA does not allow compensatory or punitive damages, plaintiffs with significant emotional-distress claims typically file in federal court under Title VII / ADEA / ADA. Compare carefully.

6. Recommendation

[____________]

Part B — Charge of Discrimination (FEPA Filing)

OFFICE OF THE OKLAHOMA ATTORNEY GENERAL
OFFICE OF CIVIL RIGHTS ENFORCEMENT (OCRE)
CHARGE OF DISCRIMINATION
(Dual-filed with the U.S. Equal Employment Opportunity Commission pursuant to OCRE/EEOC Worksharing Agreement)

OCRE Charge No.: [_______________]
EEOC Charge No.: [_______________]

1. Charging Party

2. Respondent (Employer)

3. Basis of Discrimination (check all that apply)

☐ Race ☐ Color ☐ Religion ☐ Sex (incl. pregnancy) ☐ National origin ☐ Age (40+) ☐ Genetic information ☐ Disability ☐ Retaliation
☐ Federal Title VII under Bostock — Sexual orientation ☐ Gender identity (federal only)

4. Date(s) of Discrimination

• Earliest: [__/__/____]
• Most recent: [__/__/____]
• ☐ Continuing action

5. Particulars

I. EMPLOYMENT BACKGROUND

1. I, [NAME], was employed by Respondent as a [TITLE] from [__/__/____] to [__/__/____] at Respondent's [LOCATION] facility.

2. My job performance met or exceeded expectations. [____________].

II. PROTECTED-CLASS STATUS

3. I am a member of one or more protected classes under 25 O.S. § 1302: [____________].

III. ADVERSE EMPLOYMENT ACTION

4. On [__/__/____], Respondent [adverse action]. The decisionmaker was [NAME, TITLE].

5. Respondent's articulated reason was [____________], which I dispute as pretextual because [____________].

IV. EVIDENCE OF DISCRIMINATORY MOTIVE

6. Direct evidence: [____________].

7. Comparator evidence: [____________].

8. Pattern evidence / statistics: [____________].

V. RETALIATION (if applicable)

9. On [__/__/____] I engaged in protected activity by [____________]. Respondent retaliated against me within [__] days in violation of 25 O.S. § 1302(A)(2) and 42 U.S.C. § 2000e-3(a).

VI. STATUTORY BASIS

10. I believe Respondent has violated the Oklahoma Anti-Discrimination Act, 25 O.S. § 1302, by discriminating against me because of [BASIS], and federal anti-discrimination statutes [Title VII / ADEA / ADA / GINA / PDA].

6. Verification

I declare under penalty of perjury under the laws of the State of Oklahoma and the United States that the foregoing is true and correct to the best of my knowledge and belief.

Signature of Charging Party: [____________________________]
Date: [__/__/____]

(EEOC Form 5 requires signature under penalty of perjury per 29 C.F.R. § 1601.9.)

7. Filing Instructions

Part C — Right-to-Sue Demand Letter

Option 1 — Request to OCRE for Notice of Right to Sue (25 O.S. § 1350(C))

[FIRM LETTERHEAD]

Date: [__/__/____]
Via Certified Mail, Return Receipt Requested, and Email ([email protected])

Office of the Oklahoma Attorney General
Office of Civil Rights Enforcement
313 NE 21st Street
Oklahoma City, OK 73105

Re: Request for Notice of Right to Sue — OCRE Charge No. [____________]; Charging Party: [NAME]; Respondent: [EMPLOYER]

Dear Civil Rights Enforcement Director:

This firm represents [CHARGING PARTY NAME] in the above-referenced charge of employment discrimination filed on [__/__/____]. Pursuant to 25 O.S. § 1350(C), more than one hundred eighty (180) days have elapsed since the filing of the charge and the matter has not been resolved to Charging Party's satisfaction.

Charging Party hereby requests issuance of a Notice of Right to Sue so that Charging Party may commence a civil action in the District Court of [COUNTY] County, Oklahoma, pursuant to 25 O.S. § 1350(D).

Charging Party acknowledges that, upon receipt of the Notice, a civil action must be commenced within ninety (90) days under 25 O.S. § 1350.

Sincerely,

[ATTORNEY NAME], OBA No. [____________]
[FIRM]
[ADDRESS]
[PHONE] / [EMAIL]

cc: [Charging Party]
[Respondent / Respondent's counsel]

Option 2 — Request to EEOC for Federal Notice of Right to Sue

[FIRM LETTERHEAD]

Date: [__/__/____]
Via EEOC Public Portal

U.S. Equal Employment Opportunity Commission
Oklahoma City Area Office
215 Dean A. McGee Avenue, 5th Floor
Oklahoma City, OK 73102

Re: Request for Notice of Right to Sue — EEOC Charge No. [____________]

Pursuant to 29 C.F.R. § 1601.28(a), Charging Party requests issuance of the federal Notice of Right to Sue. More than 180 days have elapsed since the filing of the charge on [__/__/____]. Charging Party intends to file a civil action in U.S. District Court within 90 days of receipt of the Notice.

Sincerely,

[ATTORNEY NAME]

Part D — Pre-Suit Civil Complaint (Template)

IN THE DISTRICT COURT OF [COUNTY] COUNTY
STATE OF OKLAHOMA

Case No.: CJ-[____________]

PETITION (Oklahoma Anti-Discrimination Act — 25 O.S. § 1350) — JURY TRIAL DEMANDED

Comes now Plaintiff [NAME], by and through undersigned counsel, and for his/her Petition states:

I. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [NAME] is and was a resident of [COUNTY] County, Oklahoma.

2. Defendant [EMPLOYER] is a [STATE] [entity type] doing business in Oklahoma with its principal place of business at [ADDRESS], and is an "employer" as defined in 25 O.S. § 1301(1) (15+ employees).

3. This Court has jurisdiction and venue is proper in [COUNTY] County pursuant to 25 O.S. § 1350(D), because the unlawful employment practice occurred in [COUNTY] County, Oklahoma.

II. ADMINISTRATIVE EXHAUSTION

4. Plaintiff timely filed a Charge of Discrimination with the Oklahoma Attorney General's Office of Civil Rights Enforcement (OCRE) and the EEOC on [__/__/____] (OCRE Charge No. [____________]; EEOC Charge No. [____________]), within 180 days of the last discriminatory act as required by 25 O.S. § 1350(B).

5. The OCRE issued a Notice of Right to Sue on [__/__/____], which Plaintiff received on [__/__/____]. This Petition is filed within 90 days of receipt as required by 25 O.S. § 1350.

6. ☐ [PUBLIC EMPLOYER ONLY] Plaintiff also timely presented written notice of claim to Defendant pursuant to the Oklahoma Governmental Tort Claims Act, 51 O.S. § 156, on [__/__/____]. The claim was denied (or deemed denied 90 days after presentation) on [__/__/____]. This action is timely under 51 O.S. § 157.

III. FACTUAL ALLEGATIONS

7. Plaintiff was employed by Defendant as [TITLE] from [__/__/____] to [__/__/____].

8. Plaintiff is a member of a protected class under 25 O.S. § 1302, specifically [____________].

9. [Detailed factual allegations] [____________].

10. On [__/__/____], Defendant subjected Plaintiff to [adverse action] because of [BASIS].

11. Defendant's stated reasons are pretextual. [____________].

12. As a direct and proximate result, Plaintiff has suffered lost wages, benefits, employment opportunities, and other damages.

IV. CLAIMS FOR RELIEF

COUNT I — Unlawful Employment Discrimination (25 O.S. § 1302)

13. Plaintiff incorporates the foregoing.

14. Defendant violated 25 O.S. § 1302 by discriminating against Plaintiff because of [PROTECTED CLASS] in [hiring/firing/compensation/terms/conditions/privileges of employment].

COUNT II — Retaliation (25 O.S. § 1302(A)(2))

15. Plaintiff incorporates the foregoing.

16. Plaintiff engaged in protected activity by [____________], and Defendant retaliated by [____________].

V. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendant for:

a. Permanent injunction enjoining further violations of the OADA;
b. Affirmative relief including reinstatement, hiring, or front pay;
c. Back pay with prejudgment interest;
d. Liquidated damages in an additional amount equal to back pay pursuant to 25 O.S. § 1350(G);
e. Reasonable attorney's fees;
f. Costs of this action;
g. Trial by jury; and
h. Such other and further relief as the Court deems just.

JURY TRIAL DEMANDED

Respectfully submitted,

[ATTORNEY NAME], OBA No. [____________]
[FIRM]
[ADDRESS]
[PHONE] / [EMAIL]
Attorney for Plaintiff

VERIFICATION

I, [PLAINTIFF NAME], state under penalty of perjury that I have read the foregoing Petition and that the factual allegations are true and correct to the best of my knowledge.

[__________________________]

Part E — Pre-Filing Checklist

Eligibility & Coverage

☐ Confirmed 15+ employees (25 O.S. § 1301(1))
☐ Protected-class basis identified (25 O.S. § 1302)
☐ Adverse action(s) documented
☐ Public-employer status determined (GTCA implications)
☐ Sexual orientation / gender identity routed to federal Title VII (not OADA)

Deadlines (CRITICAL)

☐ OCRE 180-day deadline calendared: [__/__/____]
☐ EEOC 300-day deadline calendared: [__/__/____]
☐ RTSL 90-day SOL calendared after issuance: [__/__/____]
☐ GTCA 1-year notice deadline calendared (public employer): [__/__/____]
☐ GTCA 180-day suit deadline calendared (public employer): [__/__/____]
☐ Federal 90-day post-RTSL deadline calendared: [__/__/____]

Strategy

☐ Forum decision (OCRE/EEOC; state court vs. federal court)
☐ Damages comparison: OADA (no compensatory/punitive) vs. Title VII (capped compensatory/punitive)
☐ Early RTSL request strategy (post-180-day)
☐ Public-employer GTCA parallel track planned
☐ Bostock / Title VII routing for LGBT claims

Evidence

☐ Personnel file requested
☐ Pay records collected
☐ Performance evaluations collected
☐ Discriminatory communications preserved
☐ Comparator evidence identified
☐ Witness list prepared
☐ Litigation hold letter sent
☐ Medical records for emotional-distress (federal claim only)

Filing

☐ OCRE Intake Questionnaire submitted
☐ Charge signed under penalty of perjury
☐ Dual-filing with EEOC confirmed
☐ Service on Respondent confirmed
☐ Respondent's 30-day Position Statement calendared

Civil Action

☐ Petition drafted (Part D)
☐ Venue confirmed (25 O.S. § 1350(D))
☐ All counts plead (OADA + Title VII where appropriate)
☐ Jury demand included
☐ Liquidated-damages claim under § 1350(G) plead

Client Communications

☐ Engagement letter executed
☐ OADA damages limitations explained (no compensatory/punitive)
☐ Federal vs. state forum trade-offs explained
☐ GTCA risks explained (public-employer cases)
☐ Fee structure / fee-shifting under § 1350 explained
☐ Settlement authority obtained

Sources and References

• Oklahoma Attorney General — Office of Civil Rights Enforcement: https://oklahoma.gov/oag/about/divisions/civil-rights-enforcement.html
• Submit a Civil Rights Complaint: https://oklahoma.gov/oag/complaints-tiplines/complaints/civil-rights.html
• Oklahoma Anti-Discrimination Act (25 O.S. §§ 1101–1706) full text: http://www.oscn.net/applications/oscn/Index.asp?ftdb=STOKST25&level=1
• 25 O.S. § 1350 — Employment-based discrimination cause of action (Justia): https://law.justia.com/codes/oklahoma/title-25/section-25-1350/
• 25 O.S. § 1501 — AG Office of Civil Rights Enforcement powers: https://govt.westlaw.com/okjc/Document/NB50BB3C0C76C11DB8F04FB3E68C8F4C5
• Oklahoma Senate Bill 763 (2011) — OHRC → OCRE transition: http://webserver1.lsb.state.ok.us/cf_pdf/2011-12%20ENR/SB/SB763%20ENR.PDF
• EEOC Oklahoma City Area Office: https://www.eeoc.gov/field-office/oklahomacity/location
• Bostock v. Clayton County, 590 U.S. 644 (2020) (Title VII covers sexual orientation and gender identity)
• Conner v. State, 2021 OK 27 (GTCA notice required for discrimination claims against public employers)
• Shirazi v. Childtime Learning Ctr., 2009 OK 13 (OADA exclusivity)
• Oklahoma Governmental Tort Claims Act, 51 O.S. §§ 151–172: http://www.oscn.net/applications/oscn/Index.asp?ftdb=STOKST51&level=1
• McAfee & Taft, "Additional Notice Required for Discrimination Claims Against Public Employers in Oklahoma": https://www.mcafeetaft.com/additional-notice-required-for-discrimination-claims-against-public-employers-in-oklahoma/
• EEOC — Filing a Charge of Discrimination: https://www.eeoc.gov/filing-charge-discrimination