About Sharolyn Whiting-Ralston
Sharolyn Whiting-Ralston is a trial lawyer with the McAfee & Taft law firm. Her practice is primarily focused on labor and employment law and general civil and business litigation. She represents employers in all phases of labor and employment law, including litigation before state and federal courts, regulatory and administrative agencies, and arbitration panels. Her experience includes advising clients on such issues as drug and alcohol testing, employee handbook and policy development, wage and hour matters, workplace safety and reductions in force as well as litigation avoidance and compliance with other federal and state laws. In addition to her representation of employers in labor and employment matters, she represents clients in general civil and business litigation matters including construction disputes and complex commercial litigation.
Sharolyn has been a featured guest speaker at various training events and employment seminars, including a national audio conference, and has been a contributing author to the Oklahoma Employment Law Letter.
Her achievements have earned her inclusion in Oklahoma Super Lawyers' list of "Oklahoma Rising Stars" (employment and labor, business/corporate, environmental litigation), which recognizes the state’s top up-and-coming attorneys.
REASONABLE ACCOMMODATION »
Nice guys finish first
On January 3, 2013, the Tenth Circuit Court of Appeals affirmed summary judgment for an employer who terminated an employee because he could no longer perform the essential functions of his job. This opinion reemphasizes what an employer’s obligations are — and are not — under the Americans with Disabilities Act, and it makes clear an employer should not be penalized for providing any particular temporary accommodations.
EMPLOYEE TERMINATION »
Following the rules does pay off
My husband frequently makes fun of my innate nature to follow rules. When a sign at the store says don’t carry merchandise into the restroom, I don’t. I go in through the “in” door and out through the “out” door. Boring perhaps, but it keeps me out of trouble (mostly). Well, as one Tulsa business recently found, following rules really can protect your business when you have to terminate someone.
EMPLOYMENT DISCRIMINATION LAW »
Happy New Year, Employers! Signed, Tenth Circuit
Just in time to finish off the year and get 2013 off to a good start, on December 11, 2012, the Tenth Circuit handed down a ruling clarifying and/or reiterating several rules of employment discrimination law—all in favor of employers. This ruling should not change your daily practices, but it does add some extra armor, if you ever find yourself in a lawsuit.
OFF-WORK BEHAVIOR »
Viral video costs man his job
It’s doubtful that Adam Smith fully anticipated the reaction to a video he posted to YouTube on the unofficial “Chick-Fil-A Appreciation Day” last week. Earlier that day, he recorded his trip through the drive-thru of his local Chick-Fil-A …
OFF-WORK BEHAVIOR »
I don’t like how you smell—you’re fired!
Stephanie Cannon, a hospital receptionist in Minnesota, claims she was fired from her job because of her off-work habit of smoking. The hospital had a no-smoking policy that prohibited smoking anywhere on the premises. The policy did not, and under Minnesota law could not, prohibit her from smoking on her own time. According to reports, [...]
EMPLOYEE PERFORMANCE »
Evaluations not for sissies
Every year you get the packet from Human Resources requesting a performance evaluation for one of your subordinates. This is the subordinate you complain about to your spouse, the one who can’t get along with co-workers, comes in late on a regular basis, has a bad attitude in general, or all of the above. And [...]
DISCRIMINATION »
EEOC rules that transgender bias is indeed discrimination under Title VII
Transgender individuals are protected from discrimination under Title VII of the Civil Rights Act of 1964, according to the U.S. Equal Employment Opportunity Commission (EEOC) in a ruling handed down last month in the case of Macy v. Holder.
7.5% in Apr 2013
5.0% in Mar 2013
5.6% in Mar 2013
Historical 
Release 
AT-WILL EMPLOYMENT »
No flu shot? No job!
Remember when you were a little kid and had to go get those shots that made you cry (don’t worry I won’t tell), just so you could go to school in the fall? Well, go get a box of tissues, because you may be required to get a flu shot to keep your job.
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