Additional notice required for discrimination claims against OK public employers

Employers are likely familiar with the administrative deadlines associated with discrimination claims. Depending on the nature of the claims and where they arise, employees generally have either 180 or 300 days to submit a discrimination charge to the federal Equal Employment Opportunity Commission (EEOC) or their corresponding state agency. Also, claims generally must be filed in court within 90 days of receipt of a right-to-sue letter. The Oklahoma Supreme Court recently clarified that there’s another administrative deadline employees in the state must satisfy if a discrimination claim against a public employer is to survive in court.

Follow the deadlines

Employees seeking to bring discrimination claims against Oklahoma public employers must also comply with the notice requirements of the Governmental Tort Claims Act (GTCA), an all-too-common framework for state employers dealing with claims of bodily injury and damage to property resulting from negligence. Until recently, however, there was some uncertainty about whether its notice provisions extended into the employment law realm. In Conner v. State, the Oklahoma Supreme Court gave us a definitive answer in the affirmative.