Wyoming Statutes

Wyo. Stat. § 27-9-105 (2026)

Discriminatory and unfair employment practices

✓ current as of May 2026
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enumerated; limitations.

    (a)   It is a discriminatory or unfair employment practice:

          (i) For an employer to refuse to hire, to discharge,
to promote or demote, or to discriminate in matters of
compensation or the terms, conditions or privileges of
employment against, a qualified disabled person or any person
otherwise qualified, because of age, sex, race, creed, color,
national origin, ancestry or pregnancy;

          (ii) For a person, an employment agency, a labor
organization, or its employees or members, to discriminate in
matters of employment or membership against any person,
otherwise qualified, because of age, sex, race, creed, color,
national origin, ancestry or pregnancy, or a qualified disabled
person;

          (iii) For an employer to reduce the wage of any
employee to comply with this chapter;

          (iv) For an employer to require as a condition of
employment that any employee or prospective employee use or
refrain from using tobacco products outside the course of his
employment, or otherwise to discriminate against any person in
matters of compensation or the terms, conditions or privileges
of employment on the basis of use or nonuse of tobacco products
outside the course of his employment unless it is a bona fide
occupational qualification that a person not use tobacco
products outside the workplace. Nothing within this paragraph
shall prohibit an employer from offering, imposing or having in
effect a health, disability or life insurance policy
distinguishing between employees for type or price of coverage
based upon the use or nonuse of tobacco products if:

               (A) Differential rates assessed employees
reflect an actual differential cost to the employer; and

               (B) Employers provide written notice to
employees setting forth the differential rates imposed by
insurance carriers.

     (b) The prohibitions against discrimination based on age
in this section apply only to persons at least forty (40) years
of age.

     (c) It is not a discriminatory practice for an employer,
employment agency or labor organization to observe the terms of
a bona fide seniority system or any bona fide employee benefit
plan such as a retirement, pension or insurance plan, which is
not a subterfuge to evade the purposes of this chapter, except
that no employee benefit plan shall excuse the failure to hire
any individual, and no seniority system or employee benefit plan
shall require or permit involuntary retirement of any individual
protected under this chapter because of age. Involuntary
retirement is not prohibited if permitted under Title 29, United
States Code § 631(c).

     (d) As used in this section "qualified disabled person"
means a disabled person who is capable of performing a
particular job, or who would be capable of performing a
particular job with reasonable accommodation to his disability.
Notes of Decisions
Cited in 13 cases, 1979–2015 · leading case: Stevenson v. Superior Court, 97 Cal. Daily Op. Serv. 6918 (Cal. 1997).
Stevenson v. Superior Court, 97 Cal. Daily Op. Serv. 6918 (Cal. 1997). · cites it 2× “We therefore conclude that the FEHA's policy against age discrimination satisfies each of the four requirements that this court has established as essential to support a common law tort claim for wrongful discharge in violation of public policy.”
Wilkes v. Wyoming Dep't of Emp. Div. of Labor Standards, 314 F.3d 501 (10th Cir. 2002). “§ 2000e-2, and the Wyoming Fair Employment Practice Act, Wyo. Stat. Ann. § 27-9-105 , was barred by claim preclusion.”
Curry v. Allan S. Goodman, Inc., 944 A.2d 925 (Conn. 2008). “34 (1) (b) (2006); Wyo. Stat. Ann. § 27-9-105 (d) (2007). For the foregoing reasons, we conclude that the commission has applied a reasonable interpretation to § 46a-60 (a) (1).”
Salt Creek Freightways v. Wyoming Fair Emp. Practices Comm'n, 598 P.2d 435 (Wyo. 1979). · cites it 4× “" This appeal had its origin in a complaint filed by Banyai with the Commission, wherein it was alleged that she had been discharged by Salt Creek because of her religious creed and that her dismissal was in violation of § 27-9-105, W.S. 1977, which provides, in pertinent part:…”
Hoflund v. Airport Golf Club, 2005 WY 17 (Wyo. 2005). · cites it 2× “” Further, Wyo. Stat. Ann. § 27-9-105 (a)(i) (LexisNexis 2003) (emphasis added) defines an employer’s discharge of an employee because of age, sex, race, creed, color, national origin or ancestry as a discriminatory or unfair employment practice.”
Kruzich v. Martin-Harris Gallery, LLC, 2006 WY 7 (Wyo. 2006). · cites it 2× “After a contested case hearing, a hearing examiner *869 concluded that Kruzich was a “disabled person” under Wyo. Stat. Ann. § 27-9-105 (Lex-isNexis 2005) and the Department’s Rules and Regulations, and that he had proved, by a preponderance of the evidence, a prima facie case…”
Bintner v. Burlington N., Inc., 857 F. Supp. 1484 (D. Wyo. 1994). · cites it 2× “It is further ORDERED that defendant’s motion to dismiss plaintiffs third claim for relief, based upon Wyo.Stat. § 27-9-105(a)(i), for having failed to exhaust her administrative remedies, shall be, and is, DENIED.”
Apodaca v. Safeway, Inc., 2015 WY 51 (Wyo. 2015). · cites it 2× “See Wyo. Stat. Ann. § 27-9-105 (a) (LexisNexis 2013).”
Martinez v. Wyoming, Dep't of Fam. Servs., 218 F.3d 1133 (10th Cir. 2000). “Wyo. Stat.Ann. § 27-9-105. As noted above, charges filed by plaintiff relating to his 1991 claims of discrimination were not included in the formal charge which he made, and the district court correctly found that contentions regarding his 1991 interview were time barred under…”
Ball v. City of Cheyenne, Wyo., 845 F. Supp. 803 (D. Wyo. 1993). “In the third claim of plaintiffs Complaint, she asserts that the City of Cheyenne violated Wyoming’s public policy as established by § 27-9-105, W.S. 1977, Article 1, § 2 of the Wyoming Constitution, and the Cheyenne Police Department Policy and Procedure Manual, all of which…”
Lavia v. Pennsylvania, Dep't of Corr., 224 F.3d 190 (3rd Cir. 2000). “31; Wyo.Stat.Ann. § 27-9-105. . See, e.g., Ala.”
Stevens v. Illinois Dep't of Transp., 210 F.3d 732 (7th Cir. 2000). “31 ; Wyo. Stat. Ann. § 27-9-105 . .See, e.g., Ala.”
— Wyo. Stat. § 27-9-105(a)(i) — 2 cases
Bintner v. Burlington N., Inc., 857 F. Supp. 1484 (D. Wyo. 1994). “It is further ORDERED that defendant’s motion to dismiss plaintiffs third claim for relief, based upon Wyo.Stat. § 27-9-105(a)(i), for having failed to exhaust her administrative remedies, shall be, and is, DENIED.”
Salt Creek Freightways v. Wyoming Fair Emp. Practices Comm'n, 598 P.2d 435 (Wyo. 1979). “" This appeal had its origin in a complaint filed by Banyai with the Commission, wherein it was alleged that she had been discharged by Salt Creek because of her religious creed and that her dismissal was in violation of § 27-9-105, W.S. 1977, which provides, in pertinent part:…”
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