Anti-discrimination updates.

21LSO-0581
2021
STATE OF WYOMING
21LSO-0581
Numbered
2.0

HOUSE BILL NO. HB0183

Anti-discrimination updates.

Sponsored by: Representative(s) Connolly and Sweeney and Senator(s) Rothfuss

A BILL

for

AN ACT relating to labor and employment; prohibiting discriminatory practices based on sexual orientation or gender identity in compensation and employment practices; providing an exception for expressive associations; specifying applicability; and providing for an effective date.

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

Section 1
.

W.S. 9
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2
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1022(a)(v), 21
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7
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302, 27
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9
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102 by creating a new subsection (e) and 27
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9
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105(a)(i), (ii) and by creating a new subsection (e) are amended to read:

9
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2
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1022.

Duties of department performed through human resources division.

(a)

Subject to subsection (b) of this section, the department through the human resources division shall:

(v)

Maintain a register of applications made by all persons seeking employment with an agency. Each application shall be rated on the basis of suitability and qualifications without regard to political affiliation, race, color, sex,
gender identity, sexual orientation,
creed or age;

21
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7
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302.

Discrimination in compensation prohibited.

No discrimination in the amount of compensation for the teachers in the public schools of this state shall be made on account of sex,
gender identity, sexual orientation,
race or religious belief.

27
‑
9
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102.

Definitions.

(e)

As used in this article, "expressive association" means an association:

(i)

Whose primary purpose and function are grounded in religious teachings;

(ii)

Which is not organized for private profit;

(iii)

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

(iv)

Whose right of expressive association under the first amendment to 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.

27
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9
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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,
gender identity, sexual orientation,
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,
gender identity, sexual orientation,
race, creed, color, national origin, ancestry or pregnancy, or a qualified disabled person;

(e)

Expressive associations shall be exempt under this article from the regulation of employment practices relating to sexual orientation and gender identity.

Section 2
.

Nothing in this act shall be construed to limit or restrict in any way any person's protections
guaranteeing the free exercise of religion under the first amendment to the United States constitution or article 1, section 18 of the Wyoming constitution.

Section 3
.

This act is effective
immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

1
HB0183