Oklahoma OCRE Administrative Charge of Discrimination

OKLAHOMA OFFICE OF CIVIL RIGHTS ENFORCEMENT — CHARGE OF DISCRIMINATION

TABLE OF CONTENTS

1. Filing Cover Sheet
2. Charging Party Information
3. Respondent Information
4. Particulars of Discrimination
5. Statement of Facts and Discrimination Narrative
6. Damages and Relief Requested
7. Dual-Filing Election (EEOC)
8. Verification and Signature
9. Submission Checklist
10. OCRE Practice Notes
11. Sources and References

1. FILING COVER SHEET

TO: Office of Civil Rights Enforcement
Oklahoma Attorney General's Office
☐ Oklahoma City: 313 NE 21st Street, Oklahoma City, OK 73105
☐ Tulsa: 15 W. 6th Street, Suite 1000, Tulsa, OK 74119
Email: [email protected]

FROM: [CHARGING PARTY NAME]

DATE: [__/__/____]

RE: Charge of Discrimination under the Oklahoma Anti-Discrimination Act, 25 O.S. § 1101 et seq.

OCRE CHARGE NO.: [________________________________] (assigned by OCRE upon intake)

EEOC CHARGE NO. (if cross-filed): [________________________________]

TYPE OF DISCRIMINATION:

☐ Employment (180-day deadline — 25 O.S. § 1350(B))
☐ Public Accommodation (180-day deadline)
☐ Housing (one-year deadline)
☐ Racial Profiling

2. CHARGING PARTY INFORMATION

Protected class(es) at issue (check all that apply):

☐ Race — specify: [________________________________]
☐ Color
☐ Religion — specify: [________________________________]
☐ Sex (including pregnancy)
☐ National Origin — specify: [________________________________]
☐ Age (40 or older) — DOB: [__/__/____]
☐ Disability — specify nature of disability: [________________________________]
☐ Genetic Information
☐ Retaliation (for opposing discrimination or participating in proceedings)

3. RESPONDENT INFORMATION

Specific individuals involved in the discriminatory conduct:

4. PARTICULARS OF DISCRIMINATION

Date of Hire: [__/__/____]

Position(s) Held: [POSITION TITLE(S)]

Pay Rate at Time of Adverse Action: $[AMOUNT] per [hour / week / month / year]

Date of Last Discriminatory Act: [__/__/____]

Date Charging Party First Knew or Reasonably Should Have Known of Discrimination: [__/__/____]

Type(s) of adverse action (check all that apply):

☐ Failure to Hire
☐ Termination / Discharge
☐ Layoff
☐ Demotion
☐ Failure to Promote
☐ Disparate Discipline
☐ Harassment / Hostile Work Environment
☐ Failure to Accommodate (Disability)
☐ Failure to Accommodate (Religion)
☐ Pay Disparity / Wage Discrimination
☐ Constructive Discharge
☐ Denial of Benefits
☐ Denial of Training
☐ Denial of Leave
☐ Retaliation for Protected Activity
☐ Other: [________________________________]

Has the Charging Party filed a previous charge against this Respondent?

☐ No ☐ Yes — Charge No.: [________________________________] | Date: [__/__/____]

5. STATEMENT OF FACTS AND DISCRIMINATION NARRATIVE

I, [CHARGING PARTY NAME], allege the following acts of unlawful discrimination by Respondent [RESPONDENT NAME] in violation of the Oklahoma Anti-Discrimination Act, 25 O.S. § 1302, and (where indicated) parallel federal civil-rights laws:

5.1. Background and Employment Relationship

5.1.1. I was hired by Respondent on or about [DATE] as a [POSITION TITLE] at Respondent's [CITY], Oklahoma facility/office.

5.1.2. At all times relevant, I was qualified for my position. I held [describe credentials, experience, certifications, performance ratings] and met or exceeded all legitimate performance expectations of Respondent.

5.1.3. My direct supervisor was [NAME, TITLE].

5.1.4. I am a member of the following protected class(es): [describe — e.g., African-American; female; aged 47 at time of adverse action; individual with a substantially limiting impairment of major life activity X].

5.2. The Discriminatory Conduct

5.2.1. Beginning on or about [DATE], Respondent, by and through [NAMES / TITLES], began subjecting me to differential and adverse treatment because of my [protected class].

5.2.2. Specifically, the following acts occurred:

5.2.3. [Describe the most material adverse action — termination, demotion, denial of promotion, etc. — with specific facts: who, what, when, where, why.]

5.2.4. [For comparator evidence] Similarly situated employees outside my protected class — including [NAME, JOB TITLE, PROTECTED CLASS] — were treated more favorably under comparable circumstances. By way of example, [describe specific differential treatment].

5.2.5. [For pretext] The reason(s) Respondent gave for the adverse action — namely, [describe stated reason] — was/were pretextual. The true reason was my [protected class], as evidenced by [shifting explanations / deviation from policy / temporal proximity / direct evidence such as discriminatory remarks].

5.3. Harassment / Hostile Work Environment (if applicable)

5.3.1. I was subjected to a hostile work environment based on my [protected class], including but not limited to [describe slurs, conduct, frequency, severity].

5.3.2. I reported the conduct to [NAME, TITLE] on [DATE(S)] by [verbal complaint / written email / formal grievance].

5.3.3. Respondent failed to take prompt and effective remedial action. Instead, [describe what happened after report].

5.4. Retaliation (if applicable)

5.4.1. I engaged in protected activity under 25 O.S. § 1302(B) and federal anti-retaliation provisions by [opposing discrimination / filing a complaint / participating in an investigation / requesting accommodation] on [DATE].

5.4.2. Within [NUMBER] days/weeks of my protected activity, Respondent took the following materially adverse action(s) against me: [describe].

5.4.3. The temporal proximity, combined with [describe other evidence of causation], demonstrates that the adverse action was retaliatory.

5.5. Failure to Accommodate (Disability or Religion, if applicable)

5.5.1. I notified Respondent on [DATE] that I required a reasonable accommodation for my [disability / sincerely held religious belief]. Specifically, I requested [describe accommodation].

5.5.2. Respondent [denied the request without engaging in the interactive process / engaged in a sham interactive process / granted a partial accommodation that was inadequate].

5.5.3. The accommodation requested would not have imposed an undue hardship on Respondent.

5.6. Damages Suffered

5.6.1. As a direct and proximate result of Respondent's unlawful discriminatory conduct, I have suffered:

• Lost wages and benefits in the approximate amount of $[AMOUNT];
• Loss of future earning capacity;
• Emotional distress, humiliation, anxiety, and mental anguish;
• [Other — e.g., medical expenses, job-search costs, loss of reputation, physical manifestations of stress];
• Damage to professional reputation and career trajectory.

6. DAMAGES AND RELIEF REQUESTED

I request the following relief through OCRE's investigation, conciliation, and (if necessary) litigation referral:

☐ Reinstatement to my former position
☐ Back pay with interest, including all benefits
☐ Front pay (if reinstatement is not feasible)
☐ Liquidated damages under 25 O.S. § 1350(G) equal to back-pay award
☐ Compensatory damages (federal counts via EEOC dual-filing)
☐ Punitive damages (federal counts via EEOC dual-filing)
☐ Reasonable attorneys' fees and costs
☐ Injunctive relief — Respondent to cease and desist from discriminatory practices
☐ Affirmative remedial measures — anti-discrimination training; policy revision; posting of notice
☐ Removal of negative information from personnel file
☐ Neutral employment reference
☐ Other: [________________________________]

7. DUAL-FILING ELECTION (EEOC)

I understand that the OCRE has a worksharing agreement with the U.S. Equal Employment Opportunity Commission ("EEOC"). I hereby elect:

☐ Dual file this Charge with the EEOC under federal law (Title VII / ADEA / ADA / GINA). I authorize OCRE to transmit this Charge to the EEOC for purposes of preserving my federal rights.

☐ State only. I wish to file only under the Oklahoma Anti-Discrimination Act and waive cross-filing with the EEOC at this time. I understand that this election may forfeit my federal claims if the federal limitations period expires.

☐ EEOC primary. I have already filed (or intend to file) directly with the EEOC, and elect to have the EEOC investigate primarily. I authorize OCRE to receive and hold the cross-filed charge.

8. VERIFICATION AND SIGNATURE

I declare under penalty of perjury under the laws of the State of Oklahoma that the foregoing is true and correct to the best of my knowledge and belief. I understand that knowingly making a false statement in this Charge of Discrimination may subject me to penalties under Oklahoma law, including 21 O.S. § 491 (perjury).

I authorize the Office of Civil Rights Enforcement to investigate this Charge, contact witnesses, and obtain documents from Respondent and third parties as necessary.

Date: [__/__/____]

Charging Party Signature: [________________________________]

Printed Name: [CHARGING PARTY NAME]

STATE OF OKLAHOMA

COUNTY OF [COUNTY]

Subscribed and sworn to before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public

(My Commission Expires: [_______________])

(Commission No.: [________________])

Counsel's Certification (if represented)

I certify that I represent the Charging Party in this matter and that the foregoing Charge has been prepared with care based on information provided by the Charging Party.

[________________________________]

[ATTORNEY NAME], OBA No. [####]

[LAW FIRM NAME]

[ADDRESS]

Telephone: [NUMBER]

Email: [EMAIL]

9. SUBMISSION CHECKLIST

☐ Verified Charge of Discrimination signed and notarized
☐ Resume / CV (establishes qualifications)
☐ Offer letter or employment contract
☐ Job description for position held
☐ Performance reviews / commendations
☐ Termination letter / disciplinary documentation
☐ Pay stubs and W-2s (back-pay calculation)
☐ Written complaints to HR (with dates)
☐ HR responses
☐ Discriminatory communications (emails, texts, social media)
☐ Witness list with contact information
☐ Comparator evidence (similarly situated employees)
☐ EEOC charge or intake form (if dual-filed)
☐ Medical records (for disability or emotional-distress claims)
☐ Religious accommodation request and denial (for religious claims)
☐ Calendar entry: 180-day OCRE deadline confirmed met
☐ Calendar entry: 300-day EEOC deadline (if dual-filed)
☐ Calendar entry: Right-to-Sue 90-day suit window upon receipt

10. OCRE PRACTICE NOTES

Filing & Timing

• Where to file. OCRE Oklahoma City office: 313 NE 21st Street, Oklahoma City, OK 73105 (405-521-3921). OCRE Tulsa office: 15 W. 6th Street, Suite 1000, Tulsa, OK 74119 (918-581-2342). Email: [email protected].
• 180-day deadline. A charge of discrimination in employment must be filed within 180 days of the last discriminatory act. 25 O.S. § 1502; 25 O.S. § 1350(B). Public accommodation: 180 days. Housing: one (1) year.
• 300-day federal extension does NOT save state claim. Although the EEOC accepts charges up to 300 days, the OADA's own 180-day deadline is jurisdictional for state-court suits. File within 180 days to preserve OADA rights.
• Dual-filing. OCRE is a designated FEPA with an EEOC worksharing agreement. Confirm current worksharing terms; filing with one agency generally preserves rights with the other for employment cases. Practitioners report some changes since 2012/2013 — verify before relying on automatic dual-filing.

Investigation & Resolution

• Initial review. OCRE reviews the charge for timeliness and legal sufficiency. Untimely or facially deficient charges may be dismissed at intake.
• Respondent's answer. Respondent has 10 days from notice to file an answer. 25 O.S. § 1502.3.
• Investigation. OCRE will request documents, interview witnesses, and may convene fact-finding conferences.
• Conciliation. At any point, OCRE may attempt conciliation between the parties. Settlements typically include monetary relief, reinstatement (or neutral reference), and policy changes.
• Determinations. OCRE issues "Reasonable Cause" or "No Cause" determinations.
• Civil action by AG. Under 25 O.S. § 1502.7, the Attorney General may file a civil action for temporary or preliminary relief in cases of urgent or systemic discrimination.

Right to Sue & Litigation

• 180-day passage. Charging party may request a Notice of Right to Sue 180 days after charge filing. 25 O.S. § 1350(B)(2).
• 90-day suit window. Suit must be filed in district court within 90 days of receipt of the Right-to-Sue Notice. § 1350(B)(2). This is a strict, jurisdictional limitations period.
• Tolling. Pendency of the OCRE charge tolls the OADA limitations period. Federal limitations are governed by EEOC procedures separately.
• Forum. OADA suits may be filed in Oklahoma district court (state) or, if federal claims are joined, in U.S. District Court (N.D., E.D., or W.D. Okla.).

Substantive Limitations of OADA

• OADA exclusivity (post-2011). H.B. 1981 (2011) made the OADA the exclusive state-law remedy for workplace discrimination on protected bases, abolishing the Burk public-policy tort for protected-class claims. Brown v. Claims Mgmt. Res., Inc., 2017 OK 13. Plead OADA + parallel federal counts.
• OADA damages cap. Limited to injunction, reinstatement, back pay, and liquidated damages = back pay. § 1350(G). NO emotional-distress or punitive damages under state law.
• Federal counts add value. Cross-file with EEOC to preserve Title VII compensatory and punitive damages (subject to § 1981a(b) caps), § 1981 (uncapped) for race claims, and ADEA liquidated damages.
• No SO/GI under OADA. Sexual orientation and gender identity are not state protected classes. Bostock v. Clayton County, 590 U.S. 644 (2020), brings them within Title VII's "sex" protection — file with EEOC.

Agency History

• OHRC abolished (2012). The Oklahoma Human Rights Commission was abolished in 2012; civil-rights enforcement functions transferred to the Oklahoma Attorney General's Office and consolidated as OCRE. Charges filed before 2012 reference OHRC; current filings must use OCRE.

Anti-Retaliation

• Filing is protected activity. 25 O.S. § 1302(B). Any adverse action by Respondent in response to the filing of this Charge is independently actionable and should be promptly reported as a supplemental charge.

11. SOURCES AND REFERENCES

• Oklahoma Attorney General's Office of Civil Rights Enforcement — https://oklahoma.gov/oag/about/divisions/civil-rights-enforcement.html
• OCRE Complaint Filing Page — https://oklahoma.gov/oag/about/divisions/civil-rights-enforcement/complaints.html
• OCRE FAQs — https://oklahoma.gov/oag/about/divisions/civil-rights-enforcement/civil-rights-enforcement-faqs.html
• Oklahoma Anti-Discrimination Act — 25 O.S. §§ 1101–1901 — https://www.oscn.net/applications/oscn/Index.asp?ftdb=STOKST25&level=1
• 25 O.S. § 1302 (discriminatory employment practices) — https://oksenate.gov/sites/default/files/2022-05/os25.pdf
• 25 O.S. § 1350 (cause of action, remedies, procedure) — https://law.justia.com/codes/oklahoma/title-25/section-25-1350/
• 25 O.S. § 1502 (filing of complaints with OCRE) — https://law.justia.com/codes/oklahoma/title-25/section-25-1502-3/
• 25 O.S. § 1502.7 (AG civil action for preliminary relief) — https://law.justia.com/codes/oklahoma/title-25/section-25-1502-7/
• 2011 H.B. 1981 (OADA exclusivity amendments) — Oklahoma Legislature
• Brown v. Claims Mgmt. Res., Inc., 2017 OK 13, 391 P.3d 111 (OADA exclusivity; Burk abolition for protected-class claims)
• EEOC Fair Employment Practices Agencies (FEPAs) and Dual Filing — https://www.eeoc.gov/fair-employment-practices-agencies-fepas-and-dual-filing
• EEOC Oklahoma Field Office Information — https://www.eeoc.gov/field-office/oklahoma/fepa
• Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.
• Bostock v. Clayton County, 590 U.S. 644 (2020) (Title VII covers SO/GI)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Oklahoma should review and customize this Charge before filing. Filing deadlines are strict — the 180-day OCRE deadline and the 90-day suit window after Right-to-Sue are jurisdictional. The OADA was substantially amended by H.B. 1981 (eff. Nov. 1, 2011) and is now the EXCLUSIVE state-law remedy for workplace discrimination, abolishing the Burk tort for protected-class claims (Brown v. Claims Mgmt. Res., Inc., 2017 OK 13). Laws, citations, and procedures change; verify all authorities before filing.