Workplace transparency act-2.

21LSO-0648
2021
STATE OF WYOMING
21LSO-0648
Numbered
2.0

SENATE FILE NO. SF0131

Workplace transparency act-2.

Sponsored by: Senator(s) Salazar and Representative(s) Barlow, Connolly, Duncan, Provenza, Rodriguez-Williams and Sweeney

A BILL

for

AN ACT relating to labor and employment; specifying employer actions which constitute an unfair employment practice; prohibiting an employer from barring an employee from disclosing wage information; prohibiting an employer from requiring an employee to waive wage disclosure rights; prohibiting an employer from seeking or relying on salary history information of a prospective employee as specified; prohibiting an employer from discriminating against an employee as specified; and providing for an effective date.

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

Section 1
.

W.S. 27
‑
9
‑
105(a) by creating a new paragraph (v) and (d) is amended to read:

27
‑
9
‑
105.

Discriminatory and unfair employment practices enumerated; limitations.

(a)

It is a discriminatory or unfair employment practice:

(v)

For an employer who employs fifty (50) or more full-time employees to:

(A)

Prohibit an employee from disclosing the employee's own wages, discussing the wages of others, inquiring about another employee's wages or aiding or encouraging any other employee to exercise the employee's rights under this paragraph. Nothing in this subparagraph shall be construed to create an obligation to disclose wages;

(B)

Require as a condition of employment nondisclosure of the employee's own wages or require the
employee to sign a waiver or other document that denies the employee the right to disclose the employee's own wage information;

(C)

Discharge, discipline or in any manner discriminate or retaliate against an employee by altering the employee's terms, location or conditions of employment for disclosing the employee's own wages, discussing the wages of other employees, inquiring about another employee's wages or aiding or encouraging any other employee to exercise the employee's rights under this paragraph;

(D)

Seek, orally or in writing, personally or through an agent, the salary history information of a prospective employee;

(E)

Rely on the salary history information of a prospective employee as a factor in determining whether to offer employment to the prospective employee or what salary to offer the prospective employee;

(F)

Nothing in this paragraph shall prohibit a prospective employee from voluntarily and without prompting disclosing salary history information to an employer, in which case this paragraph shall not prohibit the employer from considering or relying on that salary history information in determining whether to offer employment to the prospective employee or what salary to offer the prospective employee.

(d)

As used in this section
:

(i)

"
Q
ualified 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
;
.

(ii)

"Salary history information" includes compensation and benefits but shall not include information disclosable to the public pursuant to federal or state law, including the federal Freedom of Information Act, 5 U.S.C. § 552, as amended, or W.S. 16‑4‑201 through 16‑4‑205.

Section 2
.

This act is effective July 1, 2021
.

(END)

1
SF0131