Wyoming Religious Discrimination laws & HR compliance analysis

Wyoming Religious Discrimination: What you need to know

The Wyoming Fair Employment Practices Act of 1965 prohibits discrimination in employment on the basis of creed (WY Stat. Sec. 27-9-101 et seq.). The law applies to all public employers and private employers with two or more employees. Under the state law, it is an unlawful employment practice to:
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• Refuse to hire, discharge, or otherwise discriminate with respect to an individual's compensation or terms or conditions of employment on the basis of religion
• Retaliate against any individual who has made a complaint or assisted in an investigation, proceeding, or hearing under the state law having to do with religious discrimination
• Publish an advertisement for employment indicating a preference, limitation, specification, or discrimination based on religion
Exception. The law does not apply to religious organizations or associations.
Ministerial exception. The 10th Circuit Court of Appeals has ruled that the ministerial exception to discrimination claims brought under federal fair employment laws extends to any action brought under federal fair employment laws, including a hostile work environment claim (Skrzypczk v. Roman Catholic Diocese of Tulsa, 611 F.3d 1238 (10th Cir. 2010)). The employee in this case was the director of the diocese's department of religious formation and taught religious courses. She brought a lawsuit against her employer, claiming sex discrimination and hostile work environment under Title VII of the Civil Rights Act of 1964 (Title VII), age discrimination under the Age Discrimination in Employment Act (ADEA), and pay discrimination under the Equal Pay Act. Because the employee's duties involved the church's spiritual functions, the court ruled that her job fell within the ...

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