Oklahoma
How Faragher v. Boca Raton applies in Oklahoma: state-specific rules, key cases, and bar exam notes for Labor Law.
Oklahoma law echoes the principles established in Faragher v. Boca Raton by holding employers liable for sexual harassment perpetrated by supervisors when they fail to take appropriate steps to remedy such behavior. This reflects Oklahoma's commitment to ensuring safe work environments and protecting employees from harassment.
In Oklahoma, employers can be held vicariously liable for the actions of supervisors that create a hostile work environment, provided the employee has not unreasonably failed to utilize the employer's internal complaint procedures.
The court held that the city could be liable for its employees' harassing behavior when it failed to address reported incidents adequately.
This case reaffirmed the Faragher principles, stating that an employer's response to harassment must be both prompt and effective in order to avoid liability.
The court ruled that an employer was not liable because it had a comprehensive anti-harassment policy that was effectively communicated to employees.
Oklahoma's approach mirrors the federal standard established in Faragher v. Boca Raton, emphasizing employer responsibility for unresolved harassment by supervisors. However, Oklahoma may impose additional state-level requirements that emphasize the necessity of having an accessible complaint mechanism.
Questions on the Oklahoma bar exam may address the applicability of employer liability for harassment under both state and federal standards, particularly focusing on the employer's response responsibilities outlined in Faragher.