MacDONALD v. CORPORATE INTEGRIS HEALTH , 2014 Okla. LEXIS 12 ( 2014 )

COLBERT, C.J.,

concurring, joined by Watt & Combs, JJ.

11 I concur in today's determination that section 1350 is not an unconstitutional special law. I write separately to address the meaning of an undefined term that appears in the section 1350 remedies provision of the Oklahoma Anti~Discrimination Act and to note that today's decision does not hold or imply that the Act is free from constitutional infirmity under other provisions of the Oklahoma and United States Constitutions when applied to claims of employment discrimination.

12 In a civil action in which employment discrimination has been determined, section 1350(G) provides for (1) reinstatement or hiring, (2) injunctive relief, (8) backpay less interim earnings, and (4) "an additional amount as liquidated damages." ¹ The term "liquidated damages" is not defined. However, the provisions of section 1850 appear to mirror to some extent the remedies provided for employment discrimination under federal law.

13 The remedies provisions of certain federal acts concerning employment provide liquidated damages as a punitive measure to deter violations. See, e.g., Age Discrimination in Employment Act. 29 U.S.C. § 626(b); Equal Pay Act, 29 U.S.C. § 206(d); Fair Labor Standards Act, 29 U.S.C. § 216(b); Family Medical Leave Act, 29 U.S.C. § For example, under the Age Discrimination in Employment Act, the term "liquidated damages" denotes double the amount of backpay. See Trans World Airlines, Inc. v. Thurston, 469 U.S. 111, 105 S.Ct. 613, 83 L.Ed.2d 523 (1985)² Thus, a reasonable construction of section 1350(G) would require an award of double the award of backpay as liquidated damages.

1 . In addition, section 1350(H) provides for prevailing party attorney fees.

2 . Unlike the federal Age Discrimination in Employment Act, the Oklahoma Anti-Discrimination Act does not contain a "willful violation" requirement for an award of liquidated damages.