Going Backward OK Senate Bill 837

BILL SUMMARY

1st Session of the 53rd Legislature

Bill No.: SB 837

Version: Committee Sub

Request Number: 7433

Author: Rep. Sullivan

Date: 3/28/2011

Impact: Pending

Research Analysis

The committee sub to SB 837 provides for exclusive remedies for individuals alleging discrimination in employment on the basis of race, color, national origin, sex, religion, creed, age, disability or genetic information. The measure makes the relevant discrimination provisions applicable to employers that pay one or more persons for work performance. An employee is defined as a person who receives wages or a salary and excludes independent contractors. The measure modifies the definition of a discriminatory practice, as well as other definitions throughout the act, to include individuals discriminated against because of a genetic information or disability as those protected under the relevant discrimination provisions, unless the employer can demonstrate that accommodation for the disability would impose an undue hardship on the operation of the business. The measure makes the act applicable to employment applicants.

The measure creates a cause of action for employment-based discrimination and abolishes all common law remedies. The measure provides, that in order have standing to allege certain discrimination against an employer, the aggrieved party must file the charge with EEOC or the OHRC within 180 days of the alleged discrimination who will complete an investigation and issue a Notice of Right to Sue or transmit the results of any administrative hearing and determination to the EEOC. The complaining party may request a Notice of Right to Sue within 180 days of filing. Civil actions brought pursuant to such Notice must be filed within 90 days of receiving the Notice, The defendants may allege certain defenses and either party is entitled to a jury trial. The measure provides for damages, back pay, and attorney fees available to the charging party. If a court determines a defendant has discriminated against the charging party, the court is authorized to enjoin the defendant from engaging in such unlawful employment practice and may enjoin respondent from engaging in such unlawful practice and order such affirmative action as reinstatement or hiring of employees.

The measure clarifies references and language throughout the act.

Prepared By: Andrea Merten

Fiscal Analysis

Prepared By:

Other Considerations

This is an excerpt of an article originally published by Oklahoma Citizen.

A Case of Selective Outrage: An Open Letter to The Oklahoman

OKCPA728 05/05/2011 Oklahoma Politics, The Press Elections2, oklahoma, Oklahoma politics2, Rights and Freedoms, The Oklahoman No Comments

Save Affirmative Action in Oklahoma. Vote NO on SQ 759! Normally I don't pay much attention to "open letters"--open letters to the President, open letters to legislators, etc. I always question the motives of the writer and ask, "Why didn't they just send their letter directly to the addressee?" So, I'm certain that someone is asking, "Why?" Well, I'm suffering from a case of selective outrage; which has been compounded by the fact that The Oklahoman only accepts letters to the editor with 250 words or less! Outrage that was compounded further when I attempted to post an online response to The Oklahoman's May 4th editorial, "Reaction to House Member a Case of Selective Outrage" and am still quite perplexed by my inability to see reader comments--mine or anyone else's. Today I am thankful for the Oklahoma Citizen. I can now get this off my chest and move on with the rest of my day:

Let me start by saying that I am proud of who I am, the discrimination and other obstacles I have overcome, and the fact that I am a First Amendment free speech advocate. This is why despite chiding by friends and colleagues; I regularly read the Oklahoman / NewsOK.com and also subscribe to the Sunday Oklahoman. Tonight I deleted my shortcut to newsok.com and attempted to cancel the print subscription. I will most definitely take care of this on tomorrow.

I knew this day would come; an occasion where the insensitivity or conservative nature of The Oklahoman would best me and I would trounce on the fact that I am a “save print media” supporter. That time came today with your editorial, “Reaction to House Member a Case of Selective Outrage.” Your left-handed affirmation that Rep. Kern should NOT be in the Oklahoma House of Representatives (“We sincerely hope they do.”), does not negate the fact that like many media outlets of late the overall tone of this editorial is pandering to the extreme or an attempt to incite the uninformed.

I expect editorials in The Oklahoman to be conservative. I expect them to be pro-business and sometimes insensitive with regard to issues I hold dear. However, we reach our Rubicon when you start mixing apples and oranges in an attempt to say one thing, when you really mean another. Unlike the other commenters mentioned in the editorial, Representative Sally Kern was the only person that was an elected official at the time the alleged comment was made. Unlike the other remarks that were mentioned in your editorial, Representative Kern’s racist and sexist comments were made during debate on the floor of the Oklahoma House of Representatives—not in a backroom or to a reporter.

Minutes before Representative Kern’s most recent diatribe, Representative Mike Shelton was called to task by a colleague for “impugning” Representative T.W. Shannon. Representative Shelton’s grievous offense? During floor debate Representative Shelton said that Rep. Shannon’s comments were misleading! I have watched the floor debate for SJR 15 at least five times and I agree with Representative Shelton that Representative Shannon’s remarks were misleading. However, I understand that the Rules of the Oklahoma House of Representatives have little to do with Roberts Rules of Order or what I consider misleading and designed to confound.

I admit that I may be a bit irked by the ludicrous remarks made by Representative Kern last week while debating in favor of an anti-affirmative action constitutional amendment. Despite my ire and my doubt that her apology was sincere, I agree that it is up to the voters of HD 84 to save us from Sally Kern. I do not believe in term limits and I do not condone impeachment except for the most reprehensible offenses. Calls for Representative Kern’s resignation are ceremonial, anticipated, and should come as no surprise to the informed—especially the editorial board of The Oklahoman. I am equally concerned by your implication that the candidates who have run against Sally Kern in the past are not serious or perhaps not qualified. This is especially so, since your editorial offered no reason for your italicized adjective.

For the record, I am an African American woman who has benefitted from affirmative action. I am proud of that. I am proud of my accomplishments and I know without affirmative action my life would be different. It pains me to hear women—especially those of my generation—deny the benefits of the level playing field provided by affirmative action. It saddens me to see young African Americans and other young people of color state that affirmative action has failed and that it’s time to get rid of it. There is much work to be done. Save Affirmative Action in Oklahoma. Vote NO on SQ 759!

This is an excerpt of an article originally published by Oklahoma Citizen.

Oklahoma Democrats, state citizens, and nation respond to Sally Kern’s remarks in State House

Blaiz 04/29/2011 Uncategorized Democratic Party, oklahoma, Oklahoma politics2, Rights and Freedoms, Sally Kern No Comments

From an email from the Oklahoma Democratic Party:

About Sally Kern...

Hi All!
[...]

As everyone knows, the news of the week both on a local and national level has been the comments made by Rep. Sally Kern on the House Floor in the late hours of session on Wednesday. As someone who was there in person, imagine my utter shock as I heard the words exit her mouth. Between the audible gasps throughout the chamber and the jaws dropped between myself and those around, it was hard to gather my thoughts. Being the communications person I am, I recognized the necessity for an immediate response--contacting Todd and the ODP team. We utilized both traditional and social media outlets, which were key, and as you are aware, it spread like wild fire. While I understand I helped bring more embarrassing attention to our great state, it must be said, comments like her's, and mentalities like her's cannot be ignored and should be confronted. Hopefully starting now, we can build momentum and campaigns to get people such as Rep. Kern out of office. The truth is, the news of the day is that SJR15 passed. Kern's comments just were an ironic blatant example of why the bill should not have passed, why discrimination against minorities and women is not dead, and why affirmative action is still needed. Now it will be a question on the ballot in 2012, and I hope we can work together to inform voters of Oklahoma what the facts are and why not protecting minorities is bad for business.

I do urge everyone to take any action they can regarding her statements--sign petitions, call her, call Republican leadership, inform your neighbors, co-workers and family. Her apologies fall on deaf ears--her words are obviously indicative of her 'true spirit' and ideology--and no "I'm sorry" is going to negate that fact.

I wish Sally Kern would follow the words of the Dalai Lama:
"If you want others to be happy, practice compassion. If you want to be happy, practice compassion." But until then, we can conduct ourselves in that matter and confront those who ignite and spread hate.

Democratically yours,
A proud hard-working woman,

Megan Dubray
Communications Director
Oklahoma Democratic Party
Local Coverage

WATCH THE VIDEO!
Oklahoma Democratic Party Initial Response

Oklahoma Democratic Party Calls for Resignation
NewsOK: Oklahoma lawmaker's comments draw response
KOCO: NAACP Calls for Kern's Resignation After Minority Comment
Tulsa World: State House sends affirmative action ban to voters

The Lost Ogle: Sally Kern thinks black people are lazy and don't like school...

News9: Democrats ask Rep. Sally Kern to step down
Tulsa Today: Kern controversy: comments draw minority leader's condemnation
Associated Press: Okla. legislator slights blacks, women in debate

Tulsa World: Rep. Kern apologizes, won't be disciplined

The Journal Record: Fourth Reading: Really, Sally?
KFOR: OK Rep makes controversial statements about women, minorities
Tulsa World: Kern should be punished for insult

National/International News
The Last Word with Lawrence O'Donnell on MSNBC: Oklahoma's Affirmative Action Fight
The Rachel Maddow Show on MSNBC: Overt racism no bar to mainstream politics
The Daily Mail: 'Black people don't want to work as hard'
Perez Hilton: Oklahoma State Legislator Makes Horrid Racist & Sexist Comments
Think Progress: Oklahoma GOP Lawmaker Sally Kern: 'Blacks' don't work as hard as white people
The Huffington Post: Sally Kern: Minorities Earn Less Because They Don't Work as Hard
Danbury News Times: Okla. legislator slights blacks, women in debate
Talking Points Memo: Oklahoma GOPer: It's a fact that 'blacks' don't work as hard
The Advocate: Antigay Okla. Lawmaker makes racist remarks
Think Progress: Oklahoma GOP refuses to reprimand lawmaker who called 'blacks' lazy
Milwaukee-Wisconsin Journal Sentinel: State Rep. Sally Kern says blacks are lazy
BET: Oklahoma Republican says blacks don't work as hard as whites
The Atlanta Post: Oklahoma lawmaker says blacks and women aren't hard workers
The Advocate: NAACP wants Sally Kern to resign
Arkansas Times: Arkansas's gift to Oklahoma--a bigot
Comedy Central's Indecision Forever: The problem with black people
Truth Wins Out: Sally Kern also a racist, reports Sally Kern

Social Media & Petitions
Facebook: Sally Kern Does Not Represent Me
Facebook Poll: Does Sally speak for you?
Facebook Poll: Should Gov. Fallin publicly condemn Sally Kern's statements?
Sign Petition: Sally Kern: You Do Not Speak For Me!
Sign Petition: Sally Kern Doesn't Speak for Me!

This is an excerpt of an article originally published by Oklahoma Citizen.

Pro-choice religious leaders in Tulsa speak out

Lawrence Roth 04/07/2011 Oklahoma Politics abortion, oklahoma, reproductive rights, Rights and Freedoms, Tulsa Metro, women's health, women's rights No Comments

Kellie Jennings, with the Oklahoma Religious Coalition for Reproductive Choice (OKRCRC), spoke at a news conference on Thursday, April 7, 2011 at All Souls Unitarian Church in Tulsa, Oklahoma.

The topic was about pro-choice religious Americans taking a stand for religious freedom, reproductive rights, and women’s health.

"The very politicians who declare they want less government,” Jennings informed, “craft regulations that interfere with the most personal aspects of women’s lives.”

Reverend Mary McAnally, also with OKRCRC, talked about her experience of being dated raped at the age of sixteen. She said, “I had to go to Arkansas to get an illegal abortion. I was rendered unable to have children because of the damage that was done."

Rev. Marlin Lavanhar of All Souls Unitarian Church stated that the, “bills were unconstitutional.” Lavanhar also asserted that the Oklahoma Legislature should be focused on creating jobs and jump-starting the economy, but instead they waste time and money trying to pass bills that essentially violate the First Amendment.

"A woman needs to talk to her own medical provider, not politicians," Jennings said. "What woman wants a politician coming into her GYN office?"

This news conference was scheduled to coincide with the Rally for Women’s Health in Washington, D.C.

This is an excerpt of an article originally published by Oklahoma Citizen.

Shadid wins OKC Ward 2 runoff in blowout

Blaiz 04/06/2011 Uncategorized Elections2, oklahoma, Oklahoma City, Oklahoma politics2, Rights and Freedoms No Comments

OKLAHOMA CITY - Voters in Ward 2 sent as clear a message as is possible to the backers of Charlie Swinton by electing his opponent, Dr. Ed Shadid, by over 62%. And that message was: we don't want big money from secret sources deciding our elections by running smear campaigns.

Dr. Shadid will be sworn in next Tuesday along with the other winners from the March 1 election.

Local news coverage:

Ed Shadid’s Oklahoma City Ward 2 victory, a look at numbers

Ed Shadid wins Oklahoma City Council Ward 2 seat

will add to this list as reports come in

This is an excerpt of an article originally published by Oklahoma Citizen.