Wyoming Discrimination laws & HR compliance analysis

Wyoming Discrimination: What you need to know

The Wyoming Fair Employment Practices Act prohibits discrimination in employment based on age (40 years of age or older), sex, race, creed, color, national origin, ancestry, pregnancy, or disability (WY Stat. Sec. 27-9-101 et seq.). “Discrimination” is specifically defined as making a decision regarding hiring, firing, promotion, demotion, compensation, or the terms and conditions of employment based on one of the protected characteristics. The Act applies to all public employers and private employers with two or more employees.
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Employers are prohibited from discriminating against applicants or employees for their use of tobacco products outside the course of employment unless it is a bona fide occupational qualification (BFOQ) (WY Stat. Sec. 27-9-105).
Employers are permitted to observe the terms of a bona fide seniority or benefit plan (including retirement, pension, or insurance plans) as long as these measures are not designed to evade the Fair Employment Practices Act. Employers may also distinguish between smokers and nonsmokers for insurance benefits purposes but otherwise may not discriminate against employees based on off-duty smoking, except for BFOQ. The Fair Employment Practices Act does not apply to religious organizations or associations.
Generally, an employer may hire an individual based on a bona fide occupational qualification (BFOQ) reasonably necessary to the normal operation of a particular business (e.g., having a females-only policy for models of women's clothing). Such situations are rare, however, and employers should be cautious in relying on these classifications when making employment decisions.
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