State Codes and Statutes

Statutes > Wyoming > Title27 > Chapter9

CHAPTER 9 - FAIR EMPLOYMENT PRACTICES

 

27-9-101. Short title.

 

Thisarticle may be known and may be cited as the "Wyoming Fair EmploymentPractices Act of 1965."

 

27-9-102. Definitions.

 

(a) "Court" shall mean the district court in and forthe judicial district of the state of Wyoming in which the asserted unfairemployment practice occurred, or, if said court be not in session at that time,then any judge of said court.

 

(b) "Employer" shall mean the state of Wyoming or anypolitical subdivision or board, commission, department, institution or schooldistrict thereof, and every other person employing two (2) or more employeeswithin the state; but it does not mean religious organizations or associations.

 

(c) "Unfair employment practice" shall mean thosepractices specified as discriminatory or unfair in W.S. 27-9-105.

 

(d) As used in W.S. 27-9-101 through 27-9-106,"department" means the department of employment and the term"director" means the director of the department or his designee whois authorized to administer W.S. 27-9-101 through 27-9-106.

 

27-9-103. Repealed by Laws 1990, ch. 63, 3.

 

27-9-104. Powers and duties of department of employment.

 

(a) The department shall have the following powers and duties:

 

(i) To call upon any state agency, institution, or employee,for advice, counsel, and assistance in the enforcement of this article;

 

(ii) To adopt, publish, amend, and rescind regulationsconsistent with and for the enforcement of this article;

 

(iii) To receive, investigate, and determine the validity ofcomplaints alleging discrimination in employment or the existence of adiscriminatory or unfair employment practice;

 

(iv) Repealed By Laws 2001, Ch. 162, 2.

 

(v) For the purposes of all investigations the department shallhave the power to issue subpoenas requiring the attendance and testimony ofwitnesses and the production of any books, papers, documents or records whichthe department deems relevant or material to the inquiry;

 

(vi) In case of disobedience to a subpoena the department mayinvoke the aid of any district court in the state in requiring the attendanceand testimony of witnesses and the production of documentary evidence. Anyfailure to obey the order of the court may be punished by the court as acontempt of court;

 

(vii) To enter into agreements, exchange information andotherwise assist the equal employment opportunity commission, and to acceptfrom the equal employment opportunity commission reimbursement for servicesrendered.

 

(b) The department shall contract with an independent hearingofficer to conduct any hearing under W.S. 27-9-101 through 27-9-106.

 

27-9-105. Discriminatory and unfair employment practices enumerated;limitations.

 

(a) It is a discriminatory or unfair employment practice:

 

(i) For an employer to refuse to hire, to discharge, to promoteor demote, or to discriminate in matters of compensation or the terms,conditions or privileges of employment against, a qualified disabled person orany person otherwise qualified, because of age, sex, race, creed, color,national origin, ancestry or pregnancy;

 

(ii) For a person, an employment agency, a labor organization,or its employees or members, to discriminate in matters of employment ormembership against any person, otherwise qualified, because of age, sex, race,creed, color, national origin, ancestry or pregnancy, or a qualified disabledperson;

 

(iii) For an employer to reduce the wage of any employee tocomply with this chapter;

 

(iv) For an employer to require as a condition of employmentthat any employee or prospective employee use or refrain from using tobaccoproducts outside the course of his employment, or otherwise to discriminateagainst any person in matters of compensation or the terms, conditions orprivileges of employment on the basis of use or nonuse of tobacco productsoutside the course of his employment unless it is a bona fide occupationalqualification that a person not use tobacco products outside the workplace.Nothing within this paragraph shall prohibit an employer from offering,imposing or having in effect a health, disability or life insurance policydistinguishing between employees for type or price of coverage based upon theuse or nonuse of tobacco products if:

 

(A) Differential rates assessed employees reflect an actualdifferential cost to the employer; and

 

(B) Employers provide written notice to employees setting forththe differential rates imposed by insurance carriers.

 

(b) The prohibitions against discrimination based on age inthis section apply only to persons at least forty (40) years of age.

 

(c) It is not a discriminatory practice for an employer,employment agency or labor organization to observe the terms of a bona fideseniority system or any bona fide employee benefit plan such as a retirement,pension or insurance plan, which is not a subterfuge to evade the purposes ofthis chapter, except that no employee benefit plan shall excuse the failure tohire any individual, and no seniority system or employee benefit plan shallrequire or permit involuntary retirement of any individual protected under thischapter because of age. Involuntary retirement is not prohibited if permittedunder Title 29, United States Code 631(c).

 

(d) As used in this section "qualified disabledperson" means a disabled person who is capable of performing a particularjob, or who would be capable of performing a particular job with reasonableaccommodation to his disability.

 

27-9-106. Filing of complaint; determination; appeal for hearing.

 

(a) Any person claiming to be aggrieved by a discriminatory orunfair employment practice may, personally or through his attorney, make, signand file with the department within six (6) months of the alleged violation averified, written complaint in duplicate which shall state the name and addressof the person, employer, employment agency or labor organization alleged tohave committed the discriminatory or unfair employment practice, and whichshall set forth the particulars of the claim and contain other information asshall be required by the department. The department shall investigate todetermine the validity of the charges and issue a determination thereupon.

 

(b) Repealed By Laws 2001, Ch. 162, 2.

 

(c) Repealed By Laws 2001, Ch. 162, 2.

 

(d) Repealed By Laws 2001, Ch. 162, 2.

 

(e) Repealed By Laws 2001, Ch. 162, 2.

 

(f) Repealed By Laws 2001, Ch. 162, 2.

 

(g) Repealed By Laws 2001, Ch. 162, 2.

 

(h) Repealed By Laws 2001, Ch. 162, 2.

 

(j) Repealed By Laws 2001, Ch. 162, 2.

 

(k) If the employer, employment agency, labor organization oremployee is aggrieved by the department's determination, the aggrieved partymay request a fair hearing. The fair hearing shall be conducted pursuant to theWyoming Administrative Procedure Act.

 

(m) The department shall issue an order within fourteen (14)days of the decision being rendered, requiring the employer, employment agencyor labor organization to comply with the hearing officer's decision. If theemployer, employment agency or labor organization does not timely appeal orcomply with the order within thirty (30) days, the department may petition theappropriate district court for enforcement of the order.

 

(n) Where the hearing officer determines that the employer,employment agency or labor organization has engaged in any discriminatory orunfair employment practice as defined in this chapter, the hearing officer'sdecision may:

 

(i) Require the employer, employment agency or labororganization to cease and desist from the discriminatory or unfair practice;

 

(ii) Require remedial action which may include hiring,retaining, reinstating or upgrading of employees, referring of applications foremployment by a respondent employment agency or the restoration to membershipby a respondent labor organization;

 

(iii) Require the posting of notices, the making of reports as tothe manner of compliance and any other relief that the hearing officer deemsnecessary and appropriate to make the complainant whole; or

 

(iv) Require the employer, employment agency or labororganization to pay backpay or front pay.

 

27-9-107. Repealed By Laws 2001, Ch. 162, 2.

 

 

27-9-108. Repealed By Laws 2001, Ch. 162, 2.

 

State Codes and Statutes

Statutes > Wyoming > Title27 > Chapter9

CHAPTER 9 - FAIR EMPLOYMENT PRACTICES

 

27-9-101. Short title.

 

Thisarticle may be known and may be cited as the "Wyoming Fair EmploymentPractices Act of 1965."

 

27-9-102. Definitions.

 

(a) "Court" shall mean the district court in and forthe judicial district of the state of Wyoming in which the asserted unfairemployment practice occurred, or, if said court be not in session at that time,then any judge of said court.

 

(b) "Employer" shall mean the state of Wyoming or anypolitical subdivision or board, commission, department, institution or schooldistrict thereof, and every other person employing two (2) or more employeeswithin the state; but it does not mean religious organizations or associations.

 

(c) "Unfair employment practice" shall mean thosepractices specified as discriminatory or unfair in W.S. 27-9-105.

 

(d) As used in W.S. 27-9-101 through 27-9-106,"department" means the department of employment and the term"director" means the director of the department or his designee whois authorized to administer W.S. 27-9-101 through 27-9-106.

 

27-9-103. Repealed by Laws 1990, ch. 63, 3.

 

27-9-104. Powers and duties of department of employment.

 

(a) The department shall have the following powers and duties:

 

(i) To call upon any state agency, institution, or employee,for advice, counsel, and assistance in the enforcement of this article;

 

(ii) To adopt, publish, amend, and rescind regulationsconsistent with and for the enforcement of this article;

 

(iii) To receive, investigate, and determine the validity ofcomplaints alleging discrimination in employment or the existence of adiscriminatory or unfair employment practice;

 

(iv) Repealed By Laws 2001, Ch. 162, 2.

 

(v) For the purposes of all investigations the department shallhave the power to issue subpoenas requiring the attendance and testimony ofwitnesses and the production of any books, papers, documents or records whichthe department deems relevant or material to the inquiry;

 

(vi) In case of disobedience to a subpoena the department mayinvoke the aid of any district court in the state in requiring the attendanceand testimony of witnesses and the production of documentary evidence. Anyfailure to obey the order of the court may be punished by the court as acontempt of court;

 

(vii) To enter into agreements, exchange information andotherwise assist the equal employment opportunity commission, and to acceptfrom the equal employment opportunity commission reimbursement for servicesrendered.

 

(b) The department shall contract with an independent hearingofficer to conduct any hearing under W.S. 27-9-101 through 27-9-106.

 

27-9-105. Discriminatory and unfair employment practices enumerated;limitations.

 

(a) It is a discriminatory or unfair employment practice:

 

(i) For an employer to refuse to hire, to discharge, to promoteor demote, or to discriminate in matters of compensation or the terms,conditions or privileges of employment against, a qualified disabled person orany person otherwise qualified, because of age, sex, race, creed, color,national origin, ancestry or pregnancy;

 

(ii) For a person, an employment agency, a labor organization,or its employees or members, to discriminate in matters of employment ormembership against any person, otherwise qualified, because of age, sex, race,creed, color, national origin, ancestry or pregnancy, or a qualified disabledperson;

 

(iii) For an employer to reduce the wage of any employee tocomply with this chapter;

 

(iv) For an employer to require as a condition of employmentthat any employee or prospective employee use or refrain from using tobaccoproducts outside the course of his employment, or otherwise to discriminateagainst any person in matters of compensation or the terms, conditions orprivileges of employment on the basis of use or nonuse of tobacco productsoutside the course of his employment unless it is a bona fide occupationalqualification that a person not use tobacco products outside the workplace.Nothing within this paragraph shall prohibit an employer from offering,imposing or having in effect a health, disability or life insurance policydistinguishing between employees for type or price of coverage based upon theuse or nonuse of tobacco products if:

 

(A) Differential rates assessed employees reflect an actualdifferential cost to the employer; and

 

(B) Employers provide written notice to employees setting forththe differential rates imposed by insurance carriers.

 

(b) The prohibitions against discrimination based on age inthis section apply only to persons at least forty (40) years of age.

 

(c) It is not a discriminatory practice for an employer,employment agency or labor organization to observe the terms of a bona fideseniority system or any bona fide employee benefit plan such as a retirement,pension or insurance plan, which is not a subterfuge to evade the purposes ofthis chapter, except that no employee benefit plan shall excuse the failure tohire any individual, and no seniority system or employee benefit plan shallrequire or permit involuntary retirement of any individual protected under thischapter because of age. Involuntary retirement is not prohibited if permittedunder Title 29, United States Code 631(c).

 

(d) As used in this section "qualified disabledperson" means a disabled person who is capable of performing a particularjob, or who would be capable of performing a particular job with reasonableaccommodation to his disability.

 

27-9-106. Filing of complaint; determination; appeal for hearing.

 

(a) Any person claiming to be aggrieved by a discriminatory orunfair employment practice may, personally or through his attorney, make, signand file with the department within six (6) months of the alleged violation averified, written complaint in duplicate which shall state the name and addressof the person, employer, employment agency or labor organization alleged tohave committed the discriminatory or unfair employment practice, and whichshall set forth the particulars of the claim and contain other information asshall be required by the department. The department shall investigate todetermine the validity of the charges and issue a determination thereupon.

 

(b) Repealed By Laws 2001, Ch. 162, 2.

 

(c) Repealed By Laws 2001, Ch. 162, 2.

 

(d) Repealed By Laws 2001, Ch. 162, 2.

 

(e) Repealed By Laws 2001, Ch. 162, 2.

 

(f) Repealed By Laws 2001, Ch. 162, 2.

 

(g) Repealed By Laws 2001, Ch. 162, 2.

 

(h) Repealed By Laws 2001, Ch. 162, 2.

 

(j) Repealed By Laws 2001, Ch. 162, 2.

 

(k) If the employer, employment agency, labor organization oremployee is aggrieved by the department's determination, the aggrieved partymay request a fair hearing. The fair hearing shall be conducted pursuant to theWyoming Administrative Procedure Act.

 

(m) The department shall issue an order within fourteen (14)days of the decision being rendered, requiring the employer, employment agencyor labor organization to comply with the hearing officer's decision. If theemployer, employment agency or labor organization does not timely appeal orcomply with the order within thirty (30) days, the department may petition theappropriate district court for enforcement of the order.

 

(n) Where the hearing officer determines that the employer,employment agency or labor organization has engaged in any discriminatory orunfair employment practice as defined in this chapter, the hearing officer'sdecision may:

 

(i) Require the employer, employment agency or labororganization to cease and desist from the discriminatory or unfair practice;

 

(ii) Require remedial action which may include hiring,retaining, reinstating or upgrading of employees, referring of applications foremployment by a respondent employment agency or the restoration to membershipby a respondent labor organization;

 

(iii) Require the posting of notices, the making of reports as tothe manner of compliance and any other relief that the hearing officer deemsnecessary and appropriate to make the complainant whole; or

 

(iv) Require the employer, employment agency or labororganization to pay backpay or front pay.

 

27-9-107. Repealed By Laws 2001, Ch. 162, 2.

 

 

27-9-108. Repealed By Laws 2001, Ch. 162, 2.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title27 > Chapter9

CHAPTER 9 - FAIR EMPLOYMENT PRACTICES

 

27-9-101. Short title.

 

Thisarticle may be known and may be cited as the "Wyoming Fair EmploymentPractices Act of 1965."

 

27-9-102. Definitions.

 

(a) "Court" shall mean the district court in and forthe judicial district of the state of Wyoming in which the asserted unfairemployment practice occurred, or, if said court be not in session at that time,then any judge of said court.

 

(b) "Employer" shall mean the state of Wyoming or anypolitical subdivision or board, commission, department, institution or schooldistrict thereof, and every other person employing two (2) or more employeeswithin the state; but it does not mean religious organizations or associations.

 

(c) "Unfair employment practice" shall mean thosepractices specified as discriminatory or unfair in W.S. 27-9-105.

 

(d) As used in W.S. 27-9-101 through 27-9-106,"department" means the department of employment and the term"director" means the director of the department or his designee whois authorized to administer W.S. 27-9-101 through 27-9-106.

 

27-9-103. Repealed by Laws 1990, ch. 63, 3.

 

27-9-104. Powers and duties of department of employment.

 

(a) The department shall have the following powers and duties:

 

(i) To call upon any state agency, institution, or employee,for advice, counsel, and assistance in the enforcement of this article;

 

(ii) To adopt, publish, amend, and rescind regulationsconsistent with and for the enforcement of this article;

 

(iii) To receive, investigate, and determine the validity ofcomplaints alleging discrimination in employment or the existence of adiscriminatory or unfair employment practice;

 

(iv) Repealed By Laws 2001, Ch. 162, 2.

 

(v) For the purposes of all investigations the department shallhave the power to issue subpoenas requiring the attendance and testimony ofwitnesses and the production of any books, papers, documents or records whichthe department deems relevant or material to the inquiry;

 

(vi) In case of disobedience to a subpoena the department mayinvoke the aid of any district court in the state in requiring the attendanceand testimony of witnesses and the production of documentary evidence. Anyfailure to obey the order of the court may be punished by the court as acontempt of court;

 

(vii) To enter into agreements, exchange information andotherwise assist the equal employment opportunity commission, and to acceptfrom the equal employment opportunity commission reimbursement for servicesrendered.

 

(b) The department shall contract with an independent hearingofficer to conduct any hearing under W.S. 27-9-101 through 27-9-106.

 

27-9-105. Discriminatory and unfair employment practices enumerated;limitations.

 

(a) It is a discriminatory or unfair employment practice:

 

(i) For an employer to refuse to hire, to discharge, to promoteor demote, or to discriminate in matters of compensation or the terms,conditions or privileges of employment against, a qualified disabled person orany person otherwise qualified, because of age, sex, race, creed, color,national origin, ancestry or pregnancy;

 

(ii) For a person, an employment agency, a labor organization,or its employees or members, to discriminate in matters of employment ormembership against any person, otherwise qualified, because of age, sex, race,creed, color, national origin, ancestry or pregnancy, or a qualified disabledperson;

 

(iii) For an employer to reduce the wage of any employee tocomply with this chapter;

 

(iv) For an employer to require as a condition of employmentthat any employee or prospective employee use or refrain from using tobaccoproducts outside the course of his employment, or otherwise to discriminateagainst any person in matters of compensation or the terms, conditions orprivileges of employment on the basis of use or nonuse of tobacco productsoutside the course of his employment unless it is a bona fide occupationalqualification that a person not use tobacco products outside the workplace.Nothing within this paragraph shall prohibit an employer from offering,imposing or having in effect a health, disability or life insurance policydistinguishing between employees for type or price of coverage based upon theuse or nonuse of tobacco products if:

 

(A) Differential rates assessed employees reflect an actualdifferential cost to the employer; and

 

(B) Employers provide written notice to employees setting forththe differential rates imposed by insurance carriers.

 

(b) The prohibitions against discrimination based on age inthis section apply only to persons at least forty (40) years of age.

 

(c) It is not a discriminatory practice for an employer,employment agency or labor organization to observe the terms of a bona fideseniority system or any bona fide employee benefit plan such as a retirement,pension or insurance plan, which is not a subterfuge to evade the purposes ofthis chapter, except that no employee benefit plan shall excuse the failure tohire any individual, and no seniority system or employee benefit plan shallrequire or permit involuntary retirement of any individual protected under thischapter because of age. Involuntary retirement is not prohibited if permittedunder Title 29, United States Code 631(c).

 

(d) As used in this section "qualified disabledperson" means a disabled person who is capable of performing a particularjob, or who would be capable of performing a particular job with reasonableaccommodation to his disability.

 

27-9-106. Filing of complaint; determination; appeal for hearing.

 

(a) Any person claiming to be aggrieved by a discriminatory orunfair employment practice may, personally or through his attorney, make, signand file with the department within six (6) months of the alleged violation averified, written complaint in duplicate which shall state the name and addressof the person, employer, employment agency or labor organization alleged tohave committed the discriminatory or unfair employment practice, and whichshall set forth the particulars of the claim and contain other information asshall be required by the department. The department shall investigate todetermine the validity of the charges and issue a determination thereupon.

 

(b) Repealed By Laws 2001, Ch. 162, 2.

 

(c) Repealed By Laws 2001, Ch. 162, 2.

 

(d) Repealed By Laws 2001, Ch. 162, 2.

 

(e) Repealed By Laws 2001, Ch. 162, 2.

 

(f) Repealed By Laws 2001, Ch. 162, 2.

 

(g) Repealed By Laws 2001, Ch. 162, 2.

 

(h) Repealed By Laws 2001, Ch. 162, 2.

 

(j) Repealed By Laws 2001, Ch. 162, 2.

 

(k) If the employer, employment agency, labor organization oremployee is aggrieved by the department's determination, the aggrieved partymay request a fair hearing. The fair hearing shall be conducted pursuant to theWyoming Administrative Procedure Act.

 

(m) The department shall issue an order within fourteen (14)days of the decision being rendered, requiring the employer, employment agencyor labor organization to comply with the hearing officer's decision. If theemployer, employment agency or labor organization does not timely appeal orcomply with the order within thirty (30) days, the department may petition theappropriate district court for enforcement of the order.

 

(n) Where the hearing officer determines that the employer,employment agency or labor organization has engaged in any discriminatory orunfair employment practice as defined in this chapter, the hearing officer'sdecision may:

 

(i) Require the employer, employment agency or labororganization to cease and desist from the discriminatory or unfair practice;

 

(ii) Require remedial action which may include hiring,retaining, reinstating or upgrading of employees, referring of applications foremployment by a respondent employment agency or the restoration to membershipby a respondent labor organization;

 

(iii) Require the posting of notices, the making of reports as tothe manner of compliance and any other relief that the hearing officer deemsnecessary and appropriate to make the complainant whole; or

 

(iv) Require the employer, employment agency or labororganization to pay backpay or front pay.

 

27-9-107. Repealed By Laws 2001, Ch. 162, 2.

 

 

27-9-108. Repealed By Laws 2001, Ch. 162, 2.

 

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