All government employees are protected by the U.S. Constitution against irrational discrimination based on sexual orientation or gender identity. In addition, some measure of protection already exists under Title VII based on gender, which has been held to include gender identity and expression.
The U.S. Equal Employment Opportunity Commission (EEOC) and several courts have interpreted Title VII to protect LGBT employees. Lambda Legal maintains that the EEOC adjudications regarding Title VII’s coverage should supersede contrary authority that exists in some federal circuits.
YES, Oklahoma has a criminal law that punishes people with an HIV diagnosis specifically for nondisclosure of HIV status prior to sexual conduct. A violation of this statute is classified as a felony.
YES, in recent years, there has been at least one criminal prosecution for HIV nondisclosure in Oklahoma.
NO, Oklahoma does not have laws that criminalize or enhance penalties for biting, spitting and/or throwing bodily fluids or substances (such as urine or excrement) if a person has been diagnosed with HIV, but that does not mean the state could not prosecute a person engaged in such activities under general criminal laws or argue for sentence enhancements based on the person’s HIV diagnosis.
YES, Oklahoma also has laws that enhance punishments for HIV-positive people involved in commercial sexual transactions. It is difficult to obtain accurate data on how often these laws are utilized in Oklahoma, but there is growing evidence that in general these types of laws targeting sex workers are used much more frequently than other types of HIV criminalization laws.
Adoption by two divorced ex-spouses (now single) without stable household denied in In re Adoption of M.C.D., 42 P.3d 873 (Okla. App. 2001).
Yes (slight possibility of a claim under Okla. Stat. tit 25, § 1402 [West Supp. 2013], prohibiting discrimination based on sex in public accommodations)