THE OKLAHOMA BAR JOURNAL 12 | SEPTEMBER 2025 Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. condition and limitations, indicating to the employee that the employer is considering the request and offering and discussing reasonable alternatives.32 The employee also has a duty to engage reasonably in the interactive process. This includes providing necessary medical information and clarifying the scope of their accommodation needs.33 Failure to provide such information precludes the employee from claiming the employer violated the ADA by failing to provide reasonable accommodation.34 In short, the interactive process under the ADA requires both the employer and employee to engage in good faith communications to identify the employee’s limitations and explore potential accommodations. The process is triggered by the employee’s notice of their disability, and both parties must participate actively to fulfill their respective obligations. Failure to engage in this process can have significant legal consequences, particularly in summary judgment proceedings. RETALIATION AND DISCRIMINATION UNDER THE OKLAHOMA ADMINISTRATIVE WORKERS’ COMPENSATION ACT So how does the ADA relate to or impact Oklahoma’s workers’ compensation statutes? Discriminating and/or retaliating against an employee for a claim under the Oklahoma Administrative Workers’ Compensation Act (AWCA) is against the law. Essentially, an employer cannot retaliate against an employee when the employee has, in good faith, 1) filed a claim, 2) retained an attorney, 3) instituted any proceeding under the act or 4) testified in any proceeding.35 In addition, an employee cannot be discharged while on temporary total disability for the sole reason of being absent from work.36 How Does the ADA Impact the AWCA? In what way does the ADA come into play in a work-related injury? The AWCA also states, “Notwithstanding any other provision of this section, an employer shall not be required to rehire or retain an employee who, after temporary total disability has been exhausted, is determined by a physician to be physically unable to perform his or her assigned duties or whose position is no longer available.”37 Thus, under the AWCA, an employer can refuse to keep an employee who is unable to perform their assigned duties. Most employees who are represented in a workers’ compensation case come out of workers’ compensation with some kind of restrictions. This, however, can violate the ADA because it does not consider the reasonable accommodation process provided in the ADA. If an employee has restrictions, as described above, the employer must enter the interactive process to determine if there is a reasonable accommodation available. Under the ADA, with few exceptions, a reasonable accommodation includes transferring an employee to an open position, which is not a promotion, where an employee either needs no accommodations or reasonable accommodations are available. The ADA, however, does not obligate employers to create new positions or reassign disabled employees to nonvacant roles. Employers are not required to promote or find alternative jobs for employees who cannot perform their current job’s essential functions.38 Discriminating and/or retaliating against an employee for a claim under the Oklahoma Administrative Workers’ Compensation Act (AWCA) is against the law.
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