Jones v. State ex rel. Office of Juvenile Affairs

KAUGER, J.;

11 The first impression issue presented here is whether the provisions of the Oklahoma Standards for Drug and Alcohol Testing Act (SWDATA), 40 0.8. §§ 551-568 permit a classified state employee to file an action in district court prior to the exhaustion of administrative remedies. We hold that SWDATA provides an independent cause of action which authorizes a classified state employee to file an action in the district court for a wilful violation of the act without first exhausting the employee's administrative remedies.

FACTS

T2 The plaintiff/appellant, Mary Roshawn Jones…