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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1539 By: Stewart
AS INTRODUCED
An Act relating to workplace safety; defining terms;
requiring employers and representative employees to
take certain actions to address workplace bullying;
prohibiting certain actions by employers and
representative employees; providing certain remedies
for violations; authorizing award of certain fees and
costs; providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 436 of Title 40, unless there is
created a duplication in numbering, reads as follows:
A. As used in this act:
1. “Employee” means any person who renders services to an
employer, contractor, or any other entity and receives compensation
for those services, including full- and part-time paid employees,
temporary employees, contracted employees, and independent
contractors;
2. “Employer” means a person or entity of any size that obtains
services from a full- or part-time paid employee, temporary
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employee, contracted employee, or independent contractor and hires
at least one employee for any compensation;
3. “Representative employee” means an employee in a leadership,
management, or legal position whose responsibility is to advise on,
oversee, or enforce organizational policies; and
4. “Workplace bullying” means unwelcome, degrading, and
dehumanizing conduct that is severe or pervasive enough to create a
work environment that a reasonable person would consider toxic,
hostile, or abusive. Workplace bullying may be perpetrated by one
or more persons. The term does not include petty slights or
annoyances. Factors to be considered in determining whether
workplace bullying exists include, but are not limited to, the
nature, frequency, and duration of the conduct and the context in
which the conduct occurs. Workplace bullying is found by a review
of the totality of the circumstances.
B. Employers and representative employees shall take reasonable
preventative and responsive measures to provide a safe work
environment free from workplace bullying. Such measures shall
include, but not be limited to:
1. Acknowledging and responding to complaints of bullying
within a reasonable time frame appropriate to the level of urgency;
2. Providing and executing a transparent, timely complaint
process that includes a legitimate, fair, fact-finding investigation
and the issuance of timely and accurate reports of findings;
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3. Providing and executing a transparent disciplinary process
according to the severity of the offense within a reasonable time
frame, if applicable, including, but not limited to, remedial or
disciplinary action, including removal of supervisory duties, or
termination;
4. Maintaining accurate records of complaints, findings, and
disciplinary action taken;
5. Writing, distributing, posting, and otherwise providing a
written preventative policy against all forms of bullying, to
include an anti-retaliation policy and an identification and
description of all reporting methods, consistent with this section
and all other laws within ninety (90) days. Such policies shall be
distributed to employees on a regular basis; and
6. Training all employees on such preventative and reporting
policies.
C. It shall be unlawful for an employer or representative
employee to:
1. Mandate, offer, or use mediation or arbitration of a
workplace bullying complaint prior to the employee’s retaining of
counsel;
2. Mandate, offer, or use a nondisclosure or non-disparagement
agreement related to a workplace bullying complaint; and
3. Engage in an adverse employment action. An adverse
employment action occurs when an employee opposes an unlawful
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employment practice or exercises a right under this section and is
then the target of forced resignation, termination, demotion,
unfavorable reassignment, failure to promote, disciplinary action,
reduction in compensation, constructive discharge, or similar
action.
D. 1. A violation or violations of any part of this act can be
enforced by a private right of action brought within three (3) years
of the last violation against an individual employee or employer in
violation of this act. Remedies shall include, but not be limited
to:
a. compensatory damages to include economic and
noneconomic,
b. punitive damages when a violation is extreme or
egregious,
c. injunctive relief where the court may enjoin the
defendant from engaging in unlawful employment
practice and may order any other relief deemed
appropriate including, but not limited to,
reinstatement of work, removal of the bullying
employee from the complainant’s work environment, or
removal of supervisory duties or termination of the
employee, and
d. restorative measures such as correction of
reputational damage including false statements made,
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the disciplinary record, or performance evaluations of
the complainant, or public notification of the case
without disclosing the plaintiff’s name if desired by
the plaintiff.
2. The at-fault party shall pay the plaintiff’s reasonable
attorney fees and court costs. A prevailing employer shall not be
awarded fees and costs.
SECTION 2. This act shall become effective November 1, 2026.
60-2-2724 BRC 1/12/2026 4:14:00 PM