Wyoming Sexual Harassment laws & HR compliance analysis

Wyoming Sexual Harassment: What you need to know

The Wyoming Fair Employment Practices Act of 1965 prohibits discrimination in employment on the basis of sex (WY Stat. Sec. 27-9-101 et seq.). The Wyoming Supreme Court has ruled that sexual harassment is included in the Act's prohibition of discrimination based on sex (Hoflund v. Airport Golf Club, 105 P.3d 1079 (Wy. 2005)). The Act applies to all public employers and private employers with two or more employees.
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State law does not require training regarding an employer's policy on sexual harassment. However, training supervisors and employees regarding the employer's policy is strongly recommended. Training enables supervisors to properly address sexual harassment complaints, educates the workforce on issues of sexual harassment and the prevention of potentially harassing situations, establishes the employer's policies, and provides the basis for an effective defense to sexual harassment claims.
The 10th Circuit Court of Appeals has ruled that an employer's sexual harassment policy and training program constituted evidence that it exercised reasonable care to prevent and correct harassment in the workplace (Pinkerton v. Colo. DOT, 563 F.3d 1052 (10th Cir. 2009)). In this case, the employee claimed her supervisor harassed her, but she was not able to prove that the harassment culminated in a tangible employment action. Therefore, the employer was not vicariously liable for the supervisor's actions because it was able to show that (1) it exercised reasonable care to prevent and correct sexual harassment, and (2) the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided. According to the court, the employer showed sufficient evidence that it had ...

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