Wyoming (WY) Age Discrimination Law in the Workplace

September 19th, 2006 Posted by Ashley

If you work for a company that employs at least two people, you are covered by state laws on discrimination. This number, as set by state law, is one of many under the supervision of the Department of Employment-Labor Standards. Keep in mind that to file any type of discrimination charge, with the department, you would be required to go through a few steps. In addition, prior to review by a compliance officer, an intake questionnaire would have to be completed. The state’s office of Fair Employment Practices oversees the fact finding/settlement conference as part of the process.

If your case is found not to contain evidence for reasonable cause, you have 20 days to ask for a hearing under state law, or 15 days to ask the federal Equal Employment Opportunity Commission (EEOC) to review the case. The case may proceed to court under the right-to-sue regulations. In Wyoming, you have six months from the date of the incident to file. It is interesting to note that in 2005 one of the priorities for some groups representing older Americans was to increase the time limit from 90 days to 180 or even 365 days. While the groups agreed that Wyoming’s age discrimination laws were already tough, it was stated that the filing time needed to be increased to resemble that in 48 other states.

In 1987, a Colorado case involving retirement age questions for health department employees, which cited a Wyoming case involving county and district health departments and the EEOC. Questions brought up in the Colorado case, which prompted the citing of the Wyoming case, were whether state or federal laws specify or suggest a retirement age for county or district health department employees, whether the board of a county or district health department may establish, and rules for enforcing an age retirement policy.

In this discussion, it was noted that some state laws suggest a retirement age of 70, but federal law might also take precedence. The suggestion was that employers and workers should consider whether the federal Age Discrimination in Employment Act (ADEA) applied.

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Wyoming (WY) State Discrimination Posting Regulations for Businesses

August 30th, 2006 Posted by Derrick

I would like to take a few minutes and tell you about the Wyoming state discrimination posters. It’s illegal to discriminate against employees in Wyoming. There are many federal and state anti-discrimination laws that protect workers in Wyoming.  The Wyoming state discrimination posters help inform employers and employees what these laws are. It’s the law that the Wyoming state discrimination posters be displayed in every workplace in Wyoming where the laws apply.

The law requires that the Wyoming state discrimination posters contain specific information that will educate workers about their rights. The law also requires that the Wyoming state discrimination posters be displayed in an area where all employees will have a very good chance of seeing them. The posters must be in a well-lit area where employees are known to gather. Furthermore, the posters can’t be at all covered and they can’t be written on by any outside source.

The Wyoming state discrimination posters will also provide employees with the necessary information they need to file a complaint. If a worker believes he/she has been a victim of discrimination that person should file an official complaint. The complaint should be filed as soon as possible with the Wyoming Fair Employment Practices office. The complaint must be notarized before it is considered officially filed.

Generally it is the responsibility of the alleged victim to show that the discrimination has occurred. For this reason, it is highly recommended that the victim keep a detailed record of the incident(s) of discrimination and a list of possible witnesses. The actual investigation may be lengthy. At no time can the alleged victim be retaliated against for filing a discrimination complaint.

The Wyoming state discrimination posters possess valuable information about the anti-discrimination laws in the workplace. These posters need to be displayed in an area where all employees will be able to see them. Failure to correctly display the Wyoming state discrimination posters is a violation of the law.

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Wyoming (WY) Sexual Discrimination Law in the Workplace

August 29th, 2006 Posted by Hannah

While some states simply refer to the federal law when it comes to discrimination in the workplace, Wyoming sexual discrimination law in the workplace is outlined by the Wyoming Fair Employment Practices Act which prohibits employers from discriminating on the basis of sex.

An “employer” is defined as the state of Wyoming and anyone else who has two or more employees.  It excludes religious organizations and associations, however.  This differs from federal law because Title VII applies only to those employers who have fifteen or more employees.

Sexual discrimination, according to this Act refers to employers discriminating against someone because of their sex in the matters of hiring, firing, promoting, demoting, compensating or determining conditions or terms of employment.  Employers are also prohibited from reducing one person’s wages to meet those of another person of opposing gender so that they do receive equal pay for equal work.

If you think you’ve been discriminated against, you can file a claim with the Wyoming Department of Employment Labor Standards Division within 90 days of the alleged discriminatory act.  When you make your claim, a compliance officer will assist you and prepare your formal charge which you will need to sign.  The Division will then send a copy of the complaint to your employer and give him or her a chance to respond. 

From there, A Compliance Officer will investigate your claim and decide whether or not there is probable cause to believe your rights have been violated.  If the Officer finds probable cause, you and your employer will enter a settlement phase.  If settlements fail, the Division can pursue litigation, hold a hearing for your case or issue a “Right to Sue” letter so that you can file the claim in court.

You cannot directly file with the state courts in Wyoming, but you can request a “Right to Sue” letter from the EEOC to pursue the case in federal court if you choose not to go through the Wyoming Department of Employment Labor Standards Division.

It’s up to employees and employers alike to know their responsibilities and rights when it comes to sexual discrimination in the workplace.  Employers should also keep posted a current  Wyoming Complete Labor Law Poster.

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Wyoming Discrimination Notice Law

August 22nd, 2006 Posted by Nicole

I found that in the state of Wyoming, there is a very strict Discrimination Law that protects employees’ rights. Under the terms of the law, it is illegal for an employer to discriminate based on race, color, creed, gender, national origin, ancestry, age (if between the ages of 40 and 69), or physical or mental disability. There is one particular group in Wyoming that is outspoken about their unhappiness with the Discrimination Law coverage: those who wish there were more rights protection sexual orientation discrimination.

If you are an employee in Wyoming and believe that you have been discriminated against, there are some actions that you can take in order to protect yourself and your income. First, you will likely want to file a claim with the Labor Standards Division of the Wyoming Department of Employment (WLSD). The WLSD has a work-sharing agreement with the national agency that governs discrimination – the Equal Employment Opportunity Commission (EEOC). A work-sharing agreement basically means that both the state and the national agency share files when an employee wants to “cross-file” his or her claim with both offices.

Not all employers are covered under the Wyoming anti-discrimination statute. However, some smaller employers are covered while the Federal law does not cover all small employers. If a workplace has between 2 and 14 employees, then the workplace is covered under the state law and not the Federal law. In such a situation, if you feel that you need to file a claim, then you will need to file only with the WLSD and not with the national agency.

However, if your workplace has 15 or more employees, you can file with either the EEOC or the WLSD in order to have your claim quickly processed. You should note that when you file with the WLSD, you have six months from the date of the alleged discrimination to file a claim. But if you choose to file with the EEOC, then you have a full 300 days to file your claim.

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