Oklahoma: Employers May Seek Restraining Orders Against Workplace Harassment

SB 715 created the Protection from Workplace Harassment and Violence Act which permits employers to obtain a temporary restraining order against individuals who engage in workplace harassment, including “repeated or continuing contact that would cause a reasonable person to suffer emotional distress and that actually causes emotional distress to the victim.” Injunctive relief could include restraining an individual from entering the employer’s property, contacting the employer or any employee while at work, or any other relief necessary to protect the employer or its employees.

Employers will be immune from civil liability for seeking or failing to seek an injunction; however, employers are still required to provide a safe workplace. Additionally, the new Act cannot be used to prohibit constitutionally protected activities, such as speech.

Employers should consider reviewing workplace violence policies and emergency plans consistent with the new permissions. This may be a useful tool for employers to ensure workplace safety.

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