Wyoming Selection and Testing laws & HR compliance analysis

Wyoming Selection and Testing: What you need to know

The Wyoming Fair Employment Practices Act prohibits employment practices that discriminate on the basis of age (40 and older), sex, race, creed, color, national origin, ancestry, pregnancy, disability, or the use or nonuse of tobacco products outside of employment (WY Code Sec. 27-9-101 et seq.). The Act provides an exception if the nonuse of tobacco products is a bona fide occupational qualification (BFOQ). The Act applies to all public employers and private employers with at least two employees.
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Generally, employers may use professionally developed aptitude tests and other selection procedures if they are not designed or intended to discriminate against a protected individual or class of individuals. Disparate impact occurs when a seemingly neutral employment practice, such as a test, unfairly impacts a specific group, such as race or gender, for example. If disparate impact occurs, in this circumstance, a finding of illegal discrimination could be made.
The Wyoming Occupational Health and Safety Act (WY Code Sec. 27-11-101 et seq.) allows employers to require employees to submit to a physical examination before employment or at any time during employment and states that employers must provide for a physical examination, as deemed necessary, due to exposure or contact with hazards or environmental conditions that may be detrimental to the health of employees. However, employers may not require an examination of an employee who objects on religious grounds when such an exam is not necessary for ensuring the health and safety of other employees. An employer must pay for any examination it requires under the law. The law applies to all employers ...

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