Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1539 By: Stewart
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6 AS INTRODUCED
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7 An Act relating to workplace safety; defining terms;
7 requiring employers and representative employees to
8 take certain actions to address workplace bullying;
8 prohibiting certain actions by employers and
9 representative employees; providing certain remedies
9 for violations; authorizing award of certain fees and
10 costs; providing for codification; and providing an
10 effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. NEW LAW A new section of law to be codified
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15 in the Oklahoma Statutes as Section 436 of Title 40, unless there is
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16 created a duplication in numbering, reads as follows:
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17 A. As used in this act:
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18 1. "Employee" means any person who renders services to an
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19 employer, contractor, or any other entity and receives compensation
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20 for those services, including full- and part-time paid employees,
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21 temporary employees, contracted employees, and independent
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22 contractors;
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23 2. "Employer" means a person or entity of any size that obtains
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24 services from a full- or part-time paid employee, temporary
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1 employee, contracted employee, or independent contractor and hires
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2 at least one employee for any compensation;
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3 3. "Representative employee" means an employee in a leadership,
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4 management, or legal position whose responsibility is to advise on,
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5 oversee, or enforce organizational policies; and
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6 4. "Workplace bullying" means unwelcome, degrading, and
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7 dehumanizing conduct that is severe or pervasive enough to create a
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8 work environment that a reasonable person would consider toxic,
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9 hostile, or abusive. Workplace bullying may be perpetrated by one
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10 or more persons. The term does not include petty slights or
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11 annoyances. Factors to be considered in determining whether
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12 workplace bullying exists include, but are not limited to, the
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13 nature, frequency, and duration of the conduct and the context in
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14 which the conduct occurs. Workplace bullying is found by a review
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15 of the totality of the circumstances.
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16 B. Employers and representative employees shall take reasonable
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17 preventative and responsive measures to provide a safe work
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18 environment free from workplace bullying. Such measures shall
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19 include, but not be limited to:
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20 1. Acknowledging and responding to complaints of bullying
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21 within a reasonable time frame appropriate to the level of urgency;
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22 2. Providing and executing a transparent, timely complaint
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23 process that includes a legitimate, fair, fact-finding investigation
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24 and the issuance of timely and accurate reports of findings;
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1 3. Providing and executing a transparent disciplinary process
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2 according to the severity of the offense within a reasonable time
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3 frame, if applicable, including, but not limited to, remedial or
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4 disciplinary action, including removal of supervisory duties, or
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5 termination;
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6 4. Maintaining accurate records of complaints, findings, and
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7 disciplinary action taken;
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8 5. Writing, distributing, posting, and otherwise providing a
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9 written preventative policy against all forms of bullying, to
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10 include an anti-retaliation policy and an identification and
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11 description of all reporting methods, consistent with this section
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12 and all other laws within ninety (90) days. Such policies shall be
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13 distributed to employees on a regular basis; and
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14 6. Training all employees on such preventative and reporting
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15 policies.
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16 C. It shall be unlawful for an employer or representative
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17 employee to:
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18 1. Mandate, offer, or use mediation or arbitration of a
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19 workplace bullying complaint prior to the employee's retaining of
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20 counsel;
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21 2. Mandate, offer, or use a nondisclosure or non-disparagement
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22 agreement related to a workplace bullying complaint; and
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23 3. Engage in an adverse employment action. An adverse
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24 employment action occurs when an employee opposes an unlawful
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1 employment practice or exercises a right under this section and is
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2 then the target of forced resignation, termination, demotion,
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3 unfavorable reassignment, failure to promote, disciplinary action,
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4 reduction in compensation, constructive discharge, or similar
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5 action.
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6 D. 1. A violation or violations of any part of this act can be
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7 enforced by a private right of action brought within three (3) years
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8 of the last violation against an individual employee or employer in
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9 violation of this act. Remedies shall include, but not be limited
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10 to:
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11 a. compensatory damages to include economic and
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12 noneconomic,
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13 b. punitive damages when a violation is extreme or
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14 egregious,
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15 c. injunctive relief where the court may enjoin the
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16 defendant from engaging in unlawful employment
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17 practice and may order any other relief deemed
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18 appropriate including, but not limited to,
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19 reinstatement of work, removal of the bullying
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20 employee from the complainant's work environment, or
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21 removal of supervisory duties or termination of the
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22 employee, and
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23 d. restorative measures such as correction of
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24 reputational damage including false statements made,
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1 the disciplinary record, or performance evaluations of
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2 the complainant, or public notification of the case
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3 without disclosing the plaintiff's name if desired by
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4 the plaintiff.
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5 2. The at-fault party shall pay the plaintiff's reasonable
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6 attorney fees and court costs. A prevailing employer shall not be
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7 awarded fees and costs.
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8 SECTION 2. This act shall become effective November 1, 2026.
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10 60-2-2724 BRC 1/12/2026 4:14:00 PM
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Req. No. 2724 Page 5Every fact on this page links to its source, starting with the official bill record.