Wyo. Code R. 053-0024-5
Effective Date: 01/14/1986 to 11/30/2001
Rule Type: Superceded Rules & Regulations
Reference Number: 053.0024.5.01141986
a. Who may file - any person(s) aggrieved by a discriminatory or unfair employment practice or his/her attorney at law, the Commission, or one or more of the Commissioners.
b. Form - the complaint must be in writing signed by the Complainant and duly verified.
c. The Complainant, the Commission, or a Commissioner(s) shall file the original of the complaint with the Commission.
d. Contents - Complaints shall contain the following information:
(1) The full name and post office address of the party or parties complaining of a discriminatory or unfair employment practice.
(2) The name and Wyoming address of the person, employer, or employment agency or labor organization alleged to have committed the discriminatory or unfair employment practice.
(3) The particulars, including dates, of the discriminatory or unfair employment practice complained of in a short concise factual statement.
(4) Such other information as may be required by the Commission.
e. Filing - All complaints must be filed with the Commission at the office of the Commissioner of Labor and Statistics, Cheyenne, Wyoming, or any other location which may be designated by the Commission.
f. Manner of filing - Complaints shall be filed either by personal delivery or by U.S. mail to the Office of the Commissioner of Labor and Statistics, Cheyenne, Wyoming, 82002.
g. Amendments - Complainants shall have the right to freely amend the complaint before any response pending is filed and thereafter at the discretion of the Commission. Upon request of the Complainant, the Commission may, on terms that will not prejudice the rights of the Respondent or any other party, permit him or her to file a supplemental complaint, alleging occurrences transpiring since filing of the original complaint.
h. Amendment of Complaints. Notwithstanding the provisions of Section 7, a complaint is deemed filed when the Commission receives from a person a verified written statement sufficiently precise to identify the parties and to describe generally the discriminatory or unfair action or practices. The Commission staff may make further inquiry from the Complainant or other proper parties and thereafter amend a complaint to cure any technical defect therein. The Commission staff may then pursue Pre-Investigatory settlement so provided herein pursuant to Section 8, and pursue informal investigation and/or request voluntary compliance to effectuate a resolution.
i. Service of complaint and pleadings. Upon a determination that a complaint contains the essential information as provided for in Section 7(d), and that an unfair or discriminatory employment practice is alleged, the Commission shall cause to be served upon all parties the notification of the filing of a complaint not later than ten (10) days from the date of said determination. Thereafter, formal investigation and discovery may be pursued by the Commission or its staff. All further, pleadings filed with the Commission shall be served on all, interested parties or the party upon whom service is requested not later than five (5) days from the date of receipt of such pleadings.
j. withdrawal - Complainants may withdraw the complaint, amendments thereto, or supplemental complaints, at any time prior to the time such pleadings have been set for hearing and at any time thereafter with consent of the Director and or the Commission. Consent of the Commission may be the signed statement of the Chairman or any Commissioner.
a. Pre-Investigation Settlement - after receipt of a complaint, the Commission will notify the employer of the filing and request that both parties attempt to resolve the matter by written agreement prior to investigation. The Commission will prepare and approve a Settlement Agreement based upon the provisions agreed to by the Commission and the parties involved.
b. Investigation - after the filing of a complaint, the Commissioners and/or their staffs will make an investigation of the complaint to determine, whether or not the complaint alleges probable cause of a discriminatory or unfair employment practice that warrants calling a hearing. In conducting investigations pursuant to the law and these rules, the Commission may call any state agency, institution or employee for advice, counsel, and assistance in the enforcement of the law.
c. In making a determination on a complaint, the Commission will give substantial weight to the current and applicable guidelines of the Equal Employment Opportunity Commission.
d. Dismissal - if the Commission through any Commissioner or other investigator shall determine after an investigation that there is not probable cause of a discriminatory or unfair labor practice, he shall so report to the Commission in writing whereupon the Commission may dismiss the complaint. Complainant and Respondent shall be notified in writing by personal delivery or registered mail of said dismissal together with the written reasons therefor. Complainant may apply for reconsideration of dismissal in the manner provided for filing an original complaint.
e. Conciliation.
(1) If probable cause of a discriminatory or unfair labor practice is found to exist by the person investigating a complaint, he shall endeavor to eliminate said practice and all other discriminatory employment practices discovered during the investigation, and to make whole the Charging Party(ies), by means of a conference, conciliation, or persuasion. If conciliation succeeds, a copy of the conciliation agreement signed by the Respondent, the Complainant, and any Commissioner shall be given to the Complainant by personal delivery or registered mail at Complainant's last known address.
Respondent and the Commission shall also receive copies. Either party may apply for reconsideration of conciliation in the manner provided for filing of an original complaint.
If conference and conciliation results in a conciliation agreement, the agreement shall include where appropriate:
(a) Back Pay Award: The gross payroll amount an individual would have received had the alleged discriminatory act not occurred less any legal deductions and any other monies earned at other employment during the period of time the alleged discriminatory act(s) occurred. Deductions shall not include payments normally withheld for benefits for which an employee was not covered unless such payments are required by the benefit plan or program to insure continued participation in the plan or program.
A separate back pay calculation statement shall be provided by Respondent, in compliance herewith, acceptable by the Commission.
(b) Goals and Time Tables: The goal to be achieved and the time or time spans in which it is to be achieved shall be set forth specifically by date certain.
(c) Compliance Reports: Where acts are to be performed or eliminated the Respondent shall make and file with the Commission, within the time span specified, a report detailing compliance with the agreement.
(d) Affirmative or Other Action: Any other action required for resolution of a charge or contested case shall be set forth with clarity.
(e) Duration of Agreement: The agreement shall be in effect for all time except where by compliance with its terms and conditions the agreement is terminated by the performance of the required actions.
(f) Breach of Agreement: Any breach of the conciliation agreement by either party may result in a formal hearing.
(3) Termination of Conciliation Efforts. Unless extended by the Commission, conference and conciliation efforts are deemed to have failed if an agreement has not been reached within forty-five (45) days after the receipt of the summaries of investigation. After such time, and upon request of public hearing, Notice of Hearing shall be served on all parties (See Section 10, infra), provided, however, that nothing contained herein prevent further conciliation efforts and a conciliation agreement may be executed at any time prior to a final determination on the merits.
(4) If probable cause of a discriminatory or unfair labor practice is found to exist by the person investigating a complaint and attempts at conference conciliation, or persuasion fail, proper notice of hearing shall be sent to all parties upon request for a public hearing on the merits and a hearing shall be held. Respondent shall file an answer to the complaint with the Commission within twenty (20) days after receipt of Notice of Hearing in the manner provided for the filing of a complaint.
(1) The Commission staff shall not disclose the filing of a complaint nor what transpires during the course of investigation or conciliation negotiations except as such disclosures are deemed essential to said investigations or are deemed necessary for evidence at a hearing. In no case shall any information relating to any discriminatory or unfair labor practice be given in any form to any news media except by the Commission.
(a) Investigative Records: The contents of any files maintained by the Commission or Commission employees including but not limited to all documents, statements, notes, memoranda, correspondence, exhibits and reports or summaries prepared by Commission employees shall be confidential and not subject to public disclosure; provided, however, that the parties to the charge may inspect any such file or part thereof upon making proper arrangements with the Commission or its Director at any time (i) subsequent to the issuance of the Notice of Hearing, or (ii) upon approval by the Commission or its Director after written application stating good cause grounds for review of such file or parts thereof.
(b) Conciliation Records: The contents of any files maintained by the Commission pertaining to conciliation efforts conducted upon the charge, including but not limited to any correspondence, notes, or reports furnished to or prepared by the Commission or its staff in connection with such conciliation efforts, shall be confidential and not subject to disclosure.
(c) Privilege: Notwithstanding any other provision of this section, the Commission or its Director may assert any privilege recognized under Wyoming law with respect to any item or document which is available for inspection by a party or the public if in the opinion of the Commission or its Director disclosure of such item or document may jeopardize or prejudice any pending proceedings or reveal the identity of a person who has supplied information to the Commission under a promise of confidentiality, or if such item or document otherwise qualifies for a privilege against disclosure under applicable law.
(d) Public Records: The official record adduced at any public hearing before the Commission including the transcript, pleadings, exhibits, briefs, memoranda, orders and decisions shall be available for public inspection upon written application to the Commission. The Commission shall not provide copies of documents which are available for inspection, but may provide copies at cost. The place of inspection of any such documents shall be permitted only at the office of the Commission at which such file or document is maintained.
(3) Nothing in any provision of these rules shall be construed to prevent the Respondent or Complainant from examining the complaint or other pleadings as amended and/or supplemented, or application for reconsideration, or availing himself or itself of discovery provisions in these rules, subsequent to receipt of Notice of Public Hearing, provided the Respondent or Complainant shall properly identify himself or itself to the Commission.
(1) Complainants may apply to the Commission for reconsideration of any dismissal or conciliation made by any officer of the Commission without a hearing within twenty (20) days after receipt of notice of dismissal or conciliation agreement.
(2) The investigating official shall not take part in the deliberations of the Commission concerning an application for reconsideration except as a witness.
(3) Upon receipt of an application for reconsideration of any dismissal or conciliation, the Commission shall cause a copy thereof to be mailed by certified mail to the Respondent at his/her or its last known address.
(1) The Commission may either grant or deny the application for reconsideration, with or without a hearing. If the application is denied, notice thereof shall be sent to all parties involved by certified mail. If an application for reconsideration is granted by the Commission, the Commission shall refer the entire matter, together with all recommendations, to an investigating officer other than the original investigator, or grant a public hearing.
(2) Additional facts if any, stated in the application for reconsideration relating to the original discriminatory or unfair employment practice alleged or attempted to be alleged in the original complaint as supplemented or amended, shall be added to the original complaint as amendments of supplements by the Commission only at the request of the Complainant.
(1) If, pursuant to these rules, a hearing is required, and after the complaint is set down for hearing by the Commission, the Commission shall cause to be served upon all parties by personal delivery or certified mail to his or her last known address, a written Notice of Hearing together with a copy of the complaint and any other pleadings with amendments or supplements thereto unless such copy or copies shall already have been delivered or mailed to any party.
(2) Content of notice. All notices of hearing shall state the date, time, place of hearing, and that parties may appear with or without counsel at the hearing to answer the complaint and submit testimony with respect to the alleged discriminatory or unfair employment practice. All notices shall advise the party that his/her failure to appear may result in an adverse order by default.
(3) Time. Upon a failure of conciliation determination, a notice of hearing shall be served setting the hearing date which shall be not less than forty-five (45) days from the date of mailing or provided, however, where the Commission determines that circumstances warrant, the hearing may be held not less than twenty (20) calendar days after service; and provided further that the parties may waive the minimum time by filing a written waiver, consented to by all parties, which must be approved by the Commission.
b. Extension of time. Any periods of time set under these Rules for the performance of any act may be changed by the Commission upon its own motion or upon the motion of any party setting forth good cause for such change.
c. Answers.
(1) Time. Respondent shall file a verified written answer to the complaint within twenty (20) days after receipt of notice of hearing. Filing will be the same as filing of complaints under Chapter V, Section 7 of these Rules.
(2) Contents. Answers shall contain the full name and Wyoming post office address of the Respondent, and if the Respondent is represented by an attorney, the full name and post office address of said attorney, a general or specific denial of each and every allegation controverted by the Respondent or a statement that the Respondent is without knowledge or information sufficient to form a belief as to the truth of an allegation which statement shall be deemed a denial. Allegations of the complaint neither denied nor admitted in the answer shall be deemed admitted.
(3) Amendments, etc. Answers may be amended or supplemented in the same manner as complaints as provided in these Rules. All amendments must be filed with the Commission at least thirty (30) days before the date set for hearing.
(4) A copy of the answer and/or any amendments and/or any answers to interrogatories or pleadings or motions filed subsequent to the notice of hearing by the responding party shall also be served upon the opposing party by mail, postage prepaid, and a certificate of service shall be noted on the copy filed with the Commission.
After notice of hearing has been served, informal disposition may be made of any contested case by agreed settlement, consent order, default, or stipulation.
a. Agreed Settlement. Shall follow the procedure and contain all of the terms and conditions required for a conciliation agreement.
b. Consent Order. Shall contain all of the facts, terms, and conditions required of a final order; shall be signed and approved by all parties or their attorney; and when or if approved by the Commission, shall be signed and filed as a final order by the Commission.
c. Default. As provided herein, judgment may be entered against any party who fails to appear at a hearing.
d. Judgment by Stipulation. Upon being served with the notice of hearing, the parties may stipulate (1) that there are no facts in controversy; (2) stipulate the facts; (3) stipulate the issue in controversy; (4) stipulate as to the law applicable and any law or laws in controversy; (5) stipulate that the
Commission may make a final decision and order based upon the stipulated terms. The Commission may require further stipulations from the parties or may require a hearing if it finds there are controverted facts.