Employment nondiscrimination.

2017
STATE OF WYOMING
17LSO-0579
Introduced
1.2

SENATE FILE

NO.
SF0153

Employment nondiscrimination.

Sponsored by:
Senator(s) Rothfuss, Coe, Pappas, Perkins and Von Flatern and Representative(s) Barlow, Connolly, Furphy, Madden, Pelkey and Zwonitzer

A BILL

for

AN ACT relating to labor and employment; prohibiting discriminatory payment and employment practices based on sexual orientation or gender identity; providing exemptions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 27
‑
1
‑
116 is created to read:

27
‑
1
‑
116.

Definitions.

(a)

As used in this title:

(i)

"Gender identity" means an individual's actual or perceived gender, appearance, mannerisms or other characteristics with or without regard to the individual's sex at birth;

(ii)

"Religious organization" means a religious corporation, association, educational institution, society, trust or any entity or association which is a wholly owned or controlled subsidiary or agency of any religious corporation, association, society, trust or corporation sole;

(iii)

"Sexual orientation" means an individual's actual or perceived orientation as heterosexual, homosexual or bisexual.

Section 2
.

W.S. 27
‑
4
‑
302(a)(intro)
and
(iv)

and 27
‑
9
‑
105(a)(i)
,
(
ii
)
and by creating new subsections (e) and (f)
are amended to read:

27
‑
4
‑
302.

Prohibition on paying employees less for same work.

(a)

No employer shall discriminate, within the same establishment in which the employees are employed, between employees on the basis of gender
, gender identity or sexual orientation
by paying wages to employees at a rate less than the rate at which the employer pays wages to employees of the opposite gender
, gender identity or sexual orientation
for equal work on jobs the performance of which requires equal skill, effort and responsibility and which are performed under similar working conditions, except where the payment is made pursuant to:

(iv)

A differential based on any other factor other than gender
, gender identity or sexual orientation
.

27
‑
9
‑
105.

Discriminatory and unfair employment practices 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,

sexual orientation or gender identity,
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,

sexual orientation or gender identity,
race, creed, color, national origin, ancestry or pregnancy, or a qualified disabled person;

(e)

The following shall be exempt under this article from employment practices relating to sexual orientation and gender identity:

(i)

A religious organization; or

(ii)

An expressive association:

(A)

Whose primary purpose and function are grounded in religious teachings;

(B)

Which is not organized for private profit;

(C)

Whose employment activities would otherwise be subject to this article; and

(D)

Whose right of expressive association under the first amendment of the United States constitution would be significantly burdened by application of this article or by any other provisions of law related to discrimination in employment.

(f)

Nothing in this article shall be interpreted to require an employer subject to this article to give preferential treatment to any employee or applicant because of the employee's or applicant's sexual orientation or gender identity on account of any imbalance in the total
number or percentage of employees of a specific sexual orientation or gender identity employed by the employer or otherwise admitted to membership or classified by any labor organizatio
n or admitted to or employed in
any apprenticeship or other training program.

Section

3
.

This
act is effective July 1,
201
7
.

(END)

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SF0153