Preemployment Screening and Testing: Oklahoma

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Allen L. Hutson and Jonathan G. Rector, Crowe & Dunlevy

Summary

• Oklahoma law permits employers to obtain certain types of state criminal records and to use the information for any purpose. See Arrest and Conviction Records.
• Certain types of employers are required to conduct background checks on applicants and current employees. See Mandatory Background Checks.
• Oklahoma permits an employer to obtain a consumer report for any employment purpose. See Credit Checks.
• The state recognizes a cause of action for negligent hiring. Consequently, it is essential that employers conduct background checks and do so in a competent manner. See Negligent Hiring.
• Oklahoma permits drug testing of applicants and employees, subject to certain conditions. See Drug and Alcohol Testing.
• Employers may not require employees to undergo genetic testing. See Genetic Testing.
• Oklahoma permits medical testing of applicants and/or employees if the employer pays all costs associated with the testing and provides results of the testing to the applicant and/or employee upon request. See Medical Testing.
• Certain employers in the state must use the federal E-Verify system to confirm the work eligibility of new hires. See E-Verify.