Wyo. Code R. 007-0001-8
Effective Date: 08/11/2023 to Current
Rule Type: Current Rules & Regulations
Reference Number: 007.0001.8.08112023
These rules are promulgated by the Adjutant General under the authority given by Wyoming Statute § 19-7-103(b)(xxv).
(a) 'Department' means the Department of Workforce Services.
(b) 'Division' means Labor Standards Division, a program within the Department of Workforce Services.
(c) 'EEO' means equal employment opportunity.
(d) 'EEO Counselor' means a Compliance Officer working for the Division and under an agreement with the Military Department, acting to resolve disputes between aggrieved employees and the Military Department based on Informal EEO Complaints filed either with the Division or the Military Department.
(e) 'EEO Investigator' means a Compliance Officer working for the Division and under an agreement with the Military Department who conducts investigations into allegations accepted by the Military Department, in Formal Complaints submitted by employees of the Military Department alleging discrimination based on race, color, sex, national origin, religion, age or disability or a Hostile Work Environment under EEOC guidance and law.
(f) 'EEOC' means the Equal Employment Opportunity Commission.
(g) 'Employee' means those Federal technician employees of the Military Department who are employees of the United States of America, but does not mean those employed by the Military Department as employees of the State of Wyoming or those who were in a military status at the time of the alleged complained of actions.
(h) 'Formal Complaint' means a written complaint alleging discriminatory or unfair employment practice that is filed with the Division or the Military Department within fifteen (15) days of receipt of the Notice of Right to File after completion of the Informal EEO Complaint process or within the time otherwise allowed by federal law or regulation for filing a formal complaint. The written complaint must include a signed statement from the complainant or the complainant's attorney containing the complainant's (or representative's) telephone number and address and must be sufficiently precise to identify the complainant, the agency, and generally describe the action or practice which forms the basis of the complaint and who took the action.
(i) 'Formal Complainant' means any person claiming to be aggrieved by a discriminatory or unfair employment practice and who has timely filed a Formal Complaint.
(j) 'Informal EED Complaint' means a complaint filed with the EEO Manager for the Military Department, or the Division, claiming discrimination based on race, color, national origin, sex, age, religion, disability, protected genetic information, or reprisal or a Hostile Work Environment under EEOC guidance and law. An Informal EEO Complaint must be filed within forty-five (45) days of the alleged act of discrimination.
(k) 'Military Department' means the Wyoming Military Department.
(a) The Division will provide a currently trained EEO Counselor upon request from the Military Department after the Military Department or the Division receive an Informal Complaint from a federal employee of the Military Department. The Division's EEO Counselor will complete all tasks required under EEOC guidance and specifically EEOC MD-110. The EEO Counselor is a neutral participant in this process and is not an advocate for either side. The EEO Counselor shall meet with the Complainant, inquire into the facts and circumstances, and attempt to find a satisfactory resolution for both parties. If the Informal EEO Complaint is not resolved, the EEO Counselor shall provide a Notice of Right to File to the Complainant with their appeal rights completing the Informal EEO Complaint process in accordance with EEOC guidance.
(b) The Military Department may request an EEO Investigator from the Division after it has accepted any allegations contained in a timely filed Formal Complaint from a federal employee of the Military Department. The Division will provide a currently trained EEO Investigator. The EEO Investigator shall not be the same individual that acted as an EEO Counselor to any given Complainant. After the EEO Investigator completes the investigation in accordance with EEOC guidance and their submitted report is accepted as complete by the Military Department, the role of the involved Division employees will be complete unless called to provide any testimony later concerning their work on the complaint.
(a) The Military Department has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;
(b) Any code, standard, rule or regulation incorporated by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (d) of this section;
(c) The incorporated code, standard, rule or regulation is maintained at the Military Department’s office (5800 Central Avenue, Cheyenne, WY 82009) and is available for public inspection and copying at a cost at the same location;
(d) Each rule incorporated by reference is further identified as follows:
(i) 29 C.F.R. §§ 1614.101 – 1614.707 (2022) as it was effective April 1, 2022 and adopted by the Military Department, available at: https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XIV/part-1614.
(ii) Equal Employment Opportunity Commission Management Directive 110 (MD-110) for 29 C.F.R. Part 1614, as adopted by the U.S. Equal Employment Opportunity Commission and effective on August 5, 2015, available at: https://www.eeoc.gov/federal-sector/management-directive/management-directive-110.