Wyoming Fair Employment Practices Act — governing statute and protected classes
Wyoming prohibits employment discrimination under the Wyoming Fair Employment Practices Act of 1965 (Wyo. Stat. §§ 27-9-101 through 27-9-106). The Act makes it unlawful for employers to refuse to hire, discharge, promote, demote, or discriminate in compensation or terms of employment based on age (40 and over), sex, race, creed, color, national origin, ancestry, pregnancy, or disability (when the individual is a "qualified disabled person" capable of performing the job with or without reasonable accommodation). The Wyoming Department of Workforce Services, Labor Standards Office enforces the Act.
Source: Wyo. Stat. § 27-9-105
Employer coverage threshold — 2 or more employees
The Wyoming Fair Employment Practices Act applies to any person employing two or more employees within the state, including the state of Wyoming itself and any political subdivision, board, commission, department, institution, or school district. This two-employee threshold is substantially lower than the federal Title VII floor of fifteen employees, bringing state anti-discrimination protections to very small employers. The Act excludes religious organizations and associations from the definition of "employer."
Source: Wyo. Stat. § 27-9-102(b)
Filing deadline for discrimination complaints — Wyoming Fair Employment Practices Act
Under the Wyoming Fair Employment Practices Act (FEPA), an individual who believes they have experienced employment discrimination must file their complaint with the Wyoming Department of Workforce Services, Labor Standards Office within six (6) months after the alleged discriminatory act. This six-month period acts as a statute of limitations for administrative claims under state law.
The statute does not address whether filing a charge with the federal Equal Employment Opportunity Commission (EEOC) tolls, extends, or otherwise affects the six-month Wyoming deadline. The statutory text is silent on coordination with the federal process or any tolling effect that federal filing might have. All available information here is based on the text of the Wyoming statute itself; it does not reference federal complaint procedures or deadlines.
Source: Wyo. Stat. § 27-9-106
Private Right of Action vs. Administrative Enforcement under Wyoming FEPA
Wyoming’s Fair Employment Practices Act (FEPA), codified at Wyo. Stat. § 27‑9‑101 et seq., does not allow individuals to file a direct lawsuit in court for employment discrimination. Instead, Wyoming channels enforcement exclusively through its administrative process.
No direct lawsuit under FEPA: To initiate a claim under FEPA, the individual must file a verified, written complaint with the Wyoming Department of Workforce Services (DWS) within six months of the alleged discriminatory act. That filing triggers an investigation and a determination by DWS. (Wyo. Stat. § 27‑9‑106(a))
Enforcement via administrative hearing: If DWS issues an adverse determination, the aggrieved party (employee or employer) may request a fair hearing under the Wyoming Administrative Procedure Act. Remedies may include reinstatement, back pay, posting of notices, and cessation of the discriminatory practice. (Wyo. Stat. § 27‑9‑106(k), (n))
Only DWS may seek court enforcement: If the employer fails to comply with—or timely appeal—the hearing officer’s decision within 30 days, only DWS may petition the district court to enforce the order. FEPA contains no private cause of action authorizing employees to bring court suits under it. (Wyo. Stat. § 27‑9‑106(m))
In short, FEPA’s architecture channels enforcement through the state agency, not through direct private litigation.
Source: Wyo. Stat. § 27‑9‑106
Remedies available under the Wyoming Fair Employment Practices Act
If the Wyoming Department of Workforce Services (DWS) finds that an employer has violated the Wyoming Fair Employment Practices Act (WFEPA), the remedies are defined by statute and are exclusively administrative in nature. The Act does not authorize private lawsuits or judicial remedies initiated by individuals under state law.
Remedies the hearing officer may order:
- Cease and desist: The employer can be ordered to stop the discriminatory practice.
- Hiring, reinstatement, or upgrading: The hearing officer may require the employer to hire, retain, reinstate, or upgrade the employee (i.e., restore them to the position or status they would have had absent the discrimination).
- Back pay: The statute authorizes orders requiring the employer to pay back pay (wages lost due to discrimination), subject to amounts the employee could have earned with reasonable diligence during the relevant period (mitigation).
- Posting and reporting: The employer may be required to post notices regarding the order and provide reports of compliance.
No compensatory or punitive damages: The Wyoming statute does not authorize compensatory damages (for pain and suffering), punitive damages, or attorney’s fees under the WFEPA's administrative process. The relief is limited to make-whole remedies such as reinstatement and back pay.
Enforcement: If the employer does not comply, DWS may petition the district court to enforce the order. However, courts do not grant new or additional remedies beyond those outlined above.
Source: Wyo. Stat. § 27-9-106(n)
Sexual orientation & gender identity — state vs. federal protection
Wyoming’s Fair Employment Practices Act (WFEPA), codified at W.S. 27‑9‑105(a)(i), prohibits employment discrimination on the grounds of age (40 and older), sex, race, creed, color, national origin, ancestry, pregnancy, or qualified disability — and does not list sexual orientation or gender identity among protected classes. While "sex" is enumerated, the statute itself is silent on sexual orientation or gender identity, and there has been no legislative or agency extension of these protections under state law.
That means at the state level, LGBTQ employees are not covered by WFEPA.
At the federal level, the U.S. Supreme Court in Bostock v. Clayton County (2020) ruled that discrimination based on sexual orientation or gender identity is a form of sex discrimination under Title VII of the Civil Rights Act of 1964. That federal ruling applies to employers nationwide, including Wyoming, but only when the employer has 15 or more employees (the federal Title VII threshold).
In practice:
- For Wyoming employers with fewer than 15 employees: neither WFEPA nor Title VII provides explicit protection against discrimination based on sexual orientation or gender identity.
- For employers with 15 or more employees: WFEPA still offers no explicit SOGI protection, but federal Title VII does via the Bostock decision.
No Wyoming state statute or agency has extended SOGI protection beyond the statutory list in W.S. 27‑9‑105. As of 2026-06-16, Wyoming has not enacted state-level protections for LGBTQ employees, so they must rely on federal law for coverage.
Source: Wyoming Stat. § 27‑9‑105 Source: Bostock v. Clayton County, 140 S.Ct. 1731 (2020)