Chapter 24: Injunction · Last amended November 1, 2019 · Last verified August 3, 2026
In one sentenceSection 1398, part of the Protection from Workplace Harassment and Violence Act, lets an employer file a verified petition for an injunction against workplace harassment, authorizes barring the defendant from the workplace, and grants the employer immunity from liability for seeking or not seeking that relief, without reaching protected speech.
A.As used in the Protection from Workplace Harassment and Violence Act:
1."Course of conduct" means a pattern of conduct composed of a series of two or more separate acts over a period of time, however short, evidencing a continuity of purpose;
2."Credible threat of violence" is a knowing and willful statement or course of conduct that would place a reasonable person in fear for his or her safety, or the safety of his or her immediate family, and that serves no legitimate purpose;
3."Employer" means an individual, partnership, association or corporation or a person or group of persons who act, directly or indirectly, on behalf of or in the interest of an employer and with the consent of the employer. "Employer" includes this state and any political subdivision of this state; and
4."Workplace harassment" means a pattern or course of conduct that is directed toward another individual in a workplace that includes repeated or continuing contact that would cause a reasonable person to suffer emotional distress and that actually causes emotional distress to the victim. "Workplace harassment" includes, but is not limited to, credible threats of violence.
B.An employer or an authorized agent of an employer may file a written verified petition with the district court of the county in which the employer is located for an injunction prohibiting workplace harassment. The petition shall state:
2.The name and address, if known, of the defendant; and
3.A specific statement showing the events and dates of the acts that constitute workplace harassment toward the employer, any employee or any person who enters the property of the employer or who is performing official work duties on behalf of or for the benefit of the employer.
C.Any issuance of injunctive relief on a petition filed pursuant to this section shall be in accordance with the procedural requirements of Chapter 24 of Title 12 of the Oklahoma Statutes. If the court grants an ex parte or permanent injunction against workplace harassment, the court may:
1.Restrain the defendant from coming near the property of the employer or place of business and restrain the defendant from contacting the employer, an employee or other person while that employee or person is on or at the property of the employer or place of business or is performing official work duties; and
2.Grant any other relief necessary for the protection of the employer, the workplace, employees of the employer or any other person who is on or at the property of the employer or place of business or who is performing official work duties on behalf of or for the benefit of the employer.
D.An employer shall be immune from civil liability for seeking or failing to seek an injunction under this section unless the employer is seeking an injunction primarily to accomplish a purpose for which the injunction was not designed. This section shall not be construed to:
1.Expand, diminish, alter or modify the duty of an employer to provide a safe workplace for employees and other persons; or
2.Permit a court to issue a temporary restraining order or injunction that prohibits speech or other activities that are constitutionally protected or otherwise protected by law.
Amendment History
Added by Laws 2019, c. 506, s. 2, eff. 11/1/2019.
Plain-English Summary
This section defines its own key terms before setting out the remedy. A "course of conduct" means a pattern of two or more separate acts over time showing a continuity of purpose. A "credible threat of violence" is a knowing, willful statement or course of conduct, serving no legitimate purpose, that would put a reasonable person in fear for personal safety or a family member's safety. "Workplace harassment" is a pattern of conduct directed at someone in a workplace, involving repeated or continuing contact that would cause a reasonable person emotional distress and that does cause the victim emotional distress -- and it includes credible threats of violence.
An employer, or an authorized agent, may file a verified petition in the district court of the county where the employer is located, seeking an injunction against workplace harassment. The petition has to name the employer, name and address the defendant if known, and lay out specific events and dates showing the harassment. Issuance of the injunction follows the general procedural rules of Chapter 24. If the court grants an ex parte or permanent injunction, it can bar the defendant from coming near the employer's property or place of business and from contacting the employer, employees, or others there or performing official work duties, and it can grant any other relief the situation requires.
The section also protects the employer for pursuing -- or not pursuing -- this remedy: an employer is immune from civil liability for seeking or failing to seek an injunction, unless the employer sought it primarily for some purpose the injunction wasn't designed for. That immunity doesn't expand or diminish an employer's underlying duty to provide a safe workplace, and it doesn't let a court enjoin speech or activity that the Constitution or other law protects.
Frequently Asked Questions
Can an employer get a restraining order against someone harassing employees at work?
Yes. Section 1398 lets an employer or authorized agent file a verified petition for an injunction against workplace harassment.
What counts as "workplace harassment" under this section?
A pattern of repeated or continuing contact directed at someone in a workplace that would cause a reasonable person emotional distress and that does cause the victim emotional distress, including credible threats of violence.
What must the employer's petition include?
The employer's name, the defendant's name and address if known, and a specific statement of the events and dates showing the harassment.
Can an employer be sued for seeking this kind of injunction?
Generally no -- the employer is immune from civil liability for seeking or failing to seek the injunction, unless the employer sought it primarily for a purpose the injunction wasn't designed for.
Does this section let a court silence an employee's protected speech?
No. It specifically says it doesn't let a court issue an order that prohibits constitutionally protected speech or other legally protected activity.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as:oklahoma workplace harassment injunctionprotection from workplace harassment and violence act oklahoma12 O.S. § 1398employer restraining order against harassment oklahoma