Oklahoma Administrative Code
Title 335 - Oklahoma Human Rights Commission
Chapter 15 - Interpretive Guidelines on Employment Discrimination
Subchapter 1 - General Provisions on Employment Discrimination
Section 335:15-1-4 - Duty of fair recruitment
Current through Vol. 42, No. 1, September 16, 2024
Every employer is required by Oklahoma law to conduct recruitment and hiring practices in such a way as to assure that minorities, women, handicapped, and other protected employees are given fair notice of job vacancies, the opportunity to apply for vacancies, and be considered for employment in all vacancies on bases which do not discriminate on grounds prohibited by law. In addition, hiring and job assignment practices must assure that the effects of past exclusion of minorities, women and handicapped from all or any part of the employer's work force are not carried forward into the future. Where the effects of any practice and procedure are contrary to the foregoing, they are illegal.
(1) For example, an employer with a substantially all white work force fills his vacancies by word of mouth referral of applicants by incumbent employees. The result is that substantially all of his applicants are white. This practice si illegal because it denies minorities notice of an opportunity to apply for such employment.
(2) A second example: An employer is located in a suburban area where the local population is substantially all white. He fills his vacancies from applicants who notice a "job vacancy" sign on the premises. Virtually all applicants are white. The practice is illegal.
(3) A third example: The employer fills his vacancies through an employment agency which refers only male applicants. The practice is illegal because it denies women the notice and opportunity to apply for these positions.
