Retaliation & Whistleblower Rights in Oklahoma

You cannot be punished for reporting illegal activity, filing a complaint, or participating in a workplace investigation. Here's how the law protects you.

What Is Retaliation?

Retaliation occurs when an employer takes an adverse action against an employee because the employee engaged in legally protected activity. Retaliation is independently illegal — even if the underlying complaint turns out to be mistaken, you are still protected as long as your complaint was made in good faith.

What Is "Protected Activity"?

Filing a complaint of discrimination, harassment, or hostile work environment

Participating in an internal investigation or cooperating with an EEOC investigation

Requesting a reasonable accommodation for a disability or religious practice

Reporting safety violations or hazardous conditions

Filing a workers' compensation claim

Reporting fraud, waste, or illegal conduct (whistleblowing)

Refusing to participate in illegal activity

Taking FMLA leave

What Retaliation Looks Like

Retaliation is not always overt. It can take many forms:

🚫Termination or demotion

📉Sudden negative performance reviews (after previously positive ones)

🔄Transfer to a less desirable position, shift, or location

🚪Exclusion from meetings, projects, or professional opportunities

🔍Increased scrutiny, micromanagement, or surveillance

⚠️Disciplinary actions for minor infractions ordinarily ignored

🗣️Spreading negative information to colleagues or future employers

The Timing Factor

Courts pay close attention to the timing between the protected activity and the adverse action. If you complained about discrimination on Monday and were fired on Friday, the close temporal proximity is strong evidence of retaliation — even though it alone may not prove the case.

Oklahoma Whistleblower Protections

In addition to federal anti-retaliation protections, Oklahoma provides:

Burk Tort

An at-will employee fired for exercising a right connected to a clear Oklahoma public policy may bring a wrongful discharge claim under Burk v. K-Mart Corp.

Workers' Comp Retaliation

Under 85A O.S. § 7, it is unlawful to terminate or retaliate against an employee for filing a workers' compensation claim.

What to Do If You Experience Retaliation

Keep a detailed written record

of the protected activity, the adverse action, and the timeline

Save all documentation

emails, employer communications, performance reviews, disciplinary records

Report the retaliation

through your employer's internal complaints process (if safe to do so)

File an EEOC charge

within 300 days if the retaliation is connected to a discrimination complaint

Consult an attorney immediately

retaliation claims have strict deadlines

Key Takeaway

Retaliation claims are among the most common and successful employment claims. If you reported a problem at work and suffered consequences for it, you likely have legal protection — and you need to act quickly.