Wyo. Code R. 053-0024-4
Effective Date: 01/14/1986 to 11/30/2001
Rule Type: Superceded Rules & Regulations
Reference Number: 053.0024.4.01141986
BEFORE THE WYOMING FAIR EMPLOYMENT COMMISSION CONCERNING DISCRIMINATION COMPLAINTS FILED AND HEARINGS HELD PURSUANT TO THE FAIR EMPLOYMENT PRACTICES ACT OF 1965
Section 1. Authority. These rules of practice and procedure are promulgated as authorized by W.S. 27-9-101 to 27-9-108, and W.S. 16-3-101 to 16-3-115.
Section 2. Purpose. The purpose of these rules and regulations is to assure compliance with the provisions of the Wyoming Fair Employment Practices Act. The rules express the Commission's interpretation of the language of the Act and indicate factors which the Commission will consider in determining whether there has been a violation of the law. The rules apply to every action commenced pursuant to the Fair Employment Practices Act, and are not intended to enlarge nor restrict the provisions of the Act.
Section 3. Liberal Construction. These rules and regulations shall be construed liberally to accomplish the purposes of the Wyoming Fair Employment Practices Act and the policies of the Commission.
Section 4. Definitions. As used in these rules:
a. 'Act' means Wyoming Fair Employment Practices Act of 1965, which may be cited as W.S. 27-9-101 to 27-9-108.
b. 'Commission' shall mean the Wyoming Fair Employment Commission, which shall consist of a Chairman and four Commissioners as provided for by the Wyoming Fair Employment Practices Act.
c. 'Chairman' shall mean the Commissioner of Labor and Statistics, or in his absence, a Commissioner designated by the Chairman to conduct any proceeding.
d. 'Quorum' shall mean three of the five commissioners and its required for a meeting or hearing of the Commission.
e. 'Motions Commissioner' shall mean the Chairman or a Commissioner designated by the Commission to rule upon all objections thereto not constituting a final disposition of a complaint as provided herein.
f. 'Discrimination' shall include segregating, separating, according disparate treatment, or the taking of actions fair in form but which have an unfair impact on a protected person or class.
g. 'Unfair Employment Practices' shall mean an employer refusing to hire, discharging, promoting, or demoting, or discriminating in matters of compensation or the terms, conditions or privileges of employment against any person, otherwise qualified, because of sex, race, creed, color, national origin, ancestry, age (40 to 70), or handicap; or a person, employment agency, labor organization, or the members or employees thereof, discriminating in matters of employment or membership against any person otherwise qualified, because of sex, race, creed, color, national origin, ancestry, age (40 to 70), or handicap, including but not limited to, retaliation against any person or persons having made a complaint, testified, assisted, or participated in any manner on any investigation or proceeding before the Commission.
h. “Complaint” shall mean a short, concise, accurate statement describing the unfair employment practice(s) complained of, prepared in accordance with these Rules.
i. “Supplemental Complaint” shall mean a “Complaint” as defined in sub-section (h) of this Rule wherein unfair employment practices occurring since the date of the original complaint are alleged.
j. “Complainant” shall mean any person, including the Commission or a Commissioner, filing a complaint on the grounds of employment discrimination or unfair employment practices.
k. “Employer” shall mean the State of Wyoming, or any political subdivision or board, commission, department, institution or school district thereof, and every other person, real or corporate, and every labor union and employment agency employing or causing to be employed two or more employees within this State, but “Employer” shall not mean religious organizations or associations.
l. “Employee” shall mean any person who works for and receives compensation in this State. Compensation may be in the form of wages, salary, commission, bonuses, fringe benefits, or the like, or goods or services in lieu of money.
m. “Respondent” shall mean any person, real or corporate, against whom a complaint has been filed, whether by an individual, the Commission or a Commissioner, as to any discriminatory or unfair employment practice.
n. “Director” shall mean the duly appointed executive officer of the Commission.
o. “Court” shall mean the District Court in and for the judicial district of the State of Wyoming in which the asserted unfair employment practice occurred, or, if said court be not in session at that time, then any judge of said court.
p. “Service” shall mean the notification to any party in person or by mail of the filing with the Commission of any information required to be served on such party, or the party’s attorney. The timeliness of service by mail or in person shall be calculated according to the applicable Wyoming Rules of Civil Procedure.
q. “Conciliation” shall mean the process to achieve a just resolution of a contested matter which assures that any discriminatory or unlawful employment practice based upon probable cause that such condition(s) exist will be eliminated by required appropriate affirmative and/or other action designed to make the aggrieved party whole.
r. “Make Whole Relief” shall mean any form of relief which may be awarded by the Commission to place the Complainant as nearly as possible in the position he/she would have enjoyed had the discriminatory or unfair employment practice or act not occurred.
s. 'Amended Complaint' shall mean any complaint amended by the Commission at any time prior to issuance of a final order on such complaint; provided, however, that no order of the Commission shall be issued unless the Respondent has had an opportunity of a hearing on the complaint or amendment thereto on which the order is based. Rule 15(c) of the Wyoming Rules of Civil Procedure shall govern whether an amendment relates back to the date of filing of the complaint. Such amended complaint shall be served on all original parties and new parties added or substituted through the amended complaint.
Section 5. Validity of Rules. Should a provision of these rules or its application to any person or circumstance be adjudged by a court of competent jurisdiction to be invalid, or if by legislative action any rule or regulation should lose its force and effect, that judgment or action shall not affect the remainder of these rules.
Section 6. Amendments. Any amendments to these rules shall become effective as provided by W.S. 16-3-101 through 16-3-115.