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Friday, January 23, 2026

Additional notice required for discrimination claims against public employers in Oklahoma - McAfee & Taft

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 charge of discrimination to the EEOC or their corresponding state agency. Further, claims generally must be filed in court within 90 days of receipt of a Right to Sue letter. In Oklahoma, the Supreme Court recently clarified that there is another administrative deadline that must be satisfied if a discrimination claim against a public employer is to survive in court.

Employees seeking to assert discrimination claims against Oklahoma public employers must also comply with the notice requirements of the Governmental Tort Claims Act. The GTCA is an all-too-common framework for state employers dealing with claims of bodily injury and damage to property due to negligence. However, until recently, there was some uncertainty as to 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.

Under the GTCA, a prospective plaintiff must present a claim to the defendant state or political subdivision within one year of the date of loss. That plaintiff cannot file a lawsuit until the claim has been denied in whole or in part—which occurs automatically after 90 days if the claim is not approved in that time. Subsequent to that denial, the plaintiff has 180 days...



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