Discrimination in Employment

Discrimination in Employment

Wyoming statute Section 27-9-105 provides that it is illegal for any employer to discriminate against a qualified disabled person or any person because of age (40 or over), sex, race, creed, color, national origin, ancestry or pregnancy, if otherwise qualified.

Where to File a Claim

Small employer ( 2 to 14 employees) claims are filed with the Labor Standards Division of the Wyoming Department of Employment (WLSD). See http://wydoe.state.wy.us/doe.asp?ID=247 for instructions on filing a claim.

Larger employer (over 15 employees) claims are handled by the Equal employment Opportunity Commission (EEOC) and are governed by federal and state law. WLSD will cross-file your claim with EEOC if you instruct them to do so.

When does the claim have to be filed?

State claims need to be filed within 6 months of the date of discrimination. Federal claims must be filed within 300 days. However, other claims may have shorter time periods.

Court

You must file your claims with the WLSD or EEOC first. Wyoming’s discrimination statute cannot pursued in court. EEOC must issue a “Notice of Right to Sue” before you can file a lawsuit on a federal claim of discrimination. You only have 90 days from the Notice of Right to Sue to file the lawsuit, so seek legal assistance immediately.

Do I need a Lawyer?

It is not necessary to have an attorney to file a claims with WLSD or EEOC but you may not be aware of your rights and obligations during the process without one. Often information that is presented at the WLSD and EEOC level will impact a later lawsuit. Do yourself a favor and get a lawyer.

Discrimination Complaint – What employers are subject?

Employers with 2 or more employees are subject to Wyoming discrimination claims.
Credits
http://www.workplacefairness.org/file_WY