Oklahoma Administrative Code
Title 335 - Oklahoma Human Rights Commission
Chapter 15 - Interpretive Guidelines on Employment Discrimination
Subchapter 11 - Interpretive Guidelines on Discrimination Because of Age
Section 335:15-11-7 - Bona fide seniority systems
Current through Vol. 42, No. 1, September 16, 2024
(a) Though a seniority system may be qualified by such factors as merit, capacity, or ability, any bona fide seniority system must be based on length of service as the primary criterion for the equitable allocation of available employment opportunities and prerogatives among younger and older workers.
(b) Adoption of a purported seniority system which gives those with longer service lesser rights, and results in discharge or less favored treatment to those within the protection of the Act, may, depending upon the circumstances, be a "subterfuge to evade the purposes" of the Act.
(c) Unless the essential terms and conditions of an alleged seniority system have been communicated to the affected employees and can be shown to be applied uniformly to all of those affected, regardless of age, it will not be considered a bona fide seniority system within the meaning of the Act.
