Under the Wyoming Fair Employment Practices Act, the state does prohibit discrimination (e.g., in compensation, privileges of employment) against an employee or prospective employee based upon the use or nonuse of tobacco outside the course of employment, absent a bona fide occupational qualification. Religious organizations or associations are exempted from this law (WY Stat. Sec. 27-9-105(iv)et seq.).
Under the law, state employers are not prohibited from offering health, disability, or life insurance that distinguishes between employees for type or price of coverage based on use or nonuse of tobacco, as long as the differential is based on actual differential costs. Employers must explain the differential rates, in writing, to employees.
The Department of Workforce Services may order businesses found to have aggrieved an employee to rehire, reinstate, or upgrade the individual with or without back pay.