The Wyoming Fair Employment Practices Act prohibits employers from discrimination based on age (40 years or older), sex, race, creed, color, national origin, ancestry, pregnancy, or disability (WY Stat. Sec. 27-9-101 et seq.). The law applies to all public employers and to private employers with two or more employees.
The Wyoming Fair Employment Practices Act also prohibits discrimination based on the use or nonuse of tobacco products outside the course of a worker's employment, unless it is a bona fide occupational qualification (BFOQ) that a person not use tobacco outside the workplace (WY Stat. Sec. 27-9-105).
BFOQ exception. An employer may make an employment inquiry about one of the characteristics listed above only if it is reasonably necessary to the normal operation of the employer's business and there is no less intrusive way to ensure that the applicant will be able to perform the essential functions of the job in question. In order to be a BFOQ, a characteristic must be absolutely essential to the applicant's ability to perform the job. For example, being female would be a legitimate BFOQ for a person applying for a job as a model of women's clothing. The BFOQ exception applies only in limited circumstances, and in general, courts have been extremely reluctant to sanction otherwise discriminatory practices on BFOQ grounds.