Wyoming Workplace Harassment Laws: 2-Employee Rule, 6 Months

Wyoming's Fair Employment Practices Act, W.S. 27-9-101 to 27-9-106, has no harassment clause. It makes it a discriminatory or unfair employment practice for an employer of two or more employees to "discriminate in matters of compensation or the terms, conditions or privileges of employment" because of age, sex, race, creed, color, national origin, ancestry, pregnancy or disability (W.S. 27-9-105(a)(i)), and that language is the statutory hook for a harassment complaint. The Wyoming Supreme Court has read the ban on sex discrimination to include sexual harassment.

The Act is short and administrative. A complaint goes to the Wyoming Department of Workforce Services within six months, and the remedies in the chapter are ordered through a hearing process rather than a lawsuit, with judicial review of the hearing decision in district court. For how other states compare, see workplace harassment laws by state.

Information last verified on 2026-10-20. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Wyoming state law on workplace harassment by employers, supervisors and coworkers under the Wyoming Fair Employment Practices Act, W.S. 27-9-101 to 27-9-106 (chiefly 27-9-102, 27-9-104, 27-9-105 and 27-9-106), and the 2025 definition of sex in W.S. 8-1-110. It does not cover wrongful firing or the full complaint procedure (see Wyoming wrongful termination), damages estimates, criminal harassment or stalking, harassment outside employment, or federal-employee procedure.

Wyoming harassment rules at a glance

What Wyoming law prohibits

Section 27-9-105(a) lists the discriminatory or unfair employment practices. The first two paragraphs carry the rule that a harassment complaint relies on:

"(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;" (W.S. 27-9-105(a)(i)-(ii))

The chapter does not use the word harassment, does not define sexual harassment or a hostile work environment, and sets no standard for how serious or frequent conduct must be. It also contains no rule on when an employer answers for harassment by a supervisor or a coworker. Any harassment complaint under state law has to be framed as discrimination in "the terms, conditions or privileges of employment."

The Wyoming Supreme Court has read the Act's ban on sex discrimination to include sexual harassment. In Hoflund v. Airport Golf Club, 2005 WY 17, 105 P.3d 1079, it rejected the argument that the Legislature's failure to name sexual harassment kept it outside the Act, noting that courts "have conclusively determined over the years that discrimination based upon sex, i.e., gender, includes sexual harassment." It held that an employee who claimed she was fired in retaliation after reporting sexual harassment could seek review through the Act's administrative process, and that "judicial action is withheld until the administrative process has run its course" (Hoflund, 2005 WY 17).

Which Wyoming employers are covered

Section 27-9-102(b) supplies the definition:

"'Employer' shall mean the state of Wyoming or any political subdivision or board, commission, department, institution or school district thereof, and every other person employing two (2) or more employees within the state; but it does not mean religious organizations or associations. 'Employer' shall include those divisions of the Wyoming military department that are authorized by federal authority." (W.S. 27-9-102(b))

• Size: two or more employees in Wyoming. The same threshold applies to every claim under the Act; there is no separate harassment threshold.
• Government: the state and its political subdivisions, boards, commissions, departments, institutions and school districts are covered regardless of size.
• Excluded: religious organizations or associations.

Federal law draws its line higher: Title VII of the Civil Rights Act of 1964 defines an employer as one with "fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year" (42 U.S.C. 2000e(b)), so a Wyoming employer with two to 14 employees is outside Title VII but still covered by the state Act.

Protected traits under the Fair Employment Practices Act

Section 27-9-105 protects against discrimination because of:

• Age, but "the prohibitions against discrimination based on age in this section apply only to persons at least forty (40) years of age" (W.S. 27-9-105(b))
• Sex
• Race
• Creed
• Color
• National origin
• Ancestry
• Pregnancy
• Disability, for a "qualified disabled person," defined as "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" (W.S. 27-9-105(d))

A separate paragraph, 27-9-105(a)(iv), makes it an unfair employment practice for an employer to require as a condition of employment that an employee or applicant use or refrain from using tobacco products outside the course of employment, or otherwise to discriminate in compensation or the terms, conditions or privileges of employment on that basis, unless not using tobacco outside the workplace is a bona fide occupational qualification. The paragraph still allows health, disability or life insurance coverage priced by tobacco use if the differential reflects an actual cost to the employer and employees get written notice of the rates.

The section does not name sexual orientation, gender identity, marital status, genetic information, hair texture or hairstyle, or military status.

The 2025 definition of sex

In 2025 the Legislature enacted W.S. 8-1-110 (House Bill 32). It provides that "notwithstanding any other provision of law, with respect to the application of a person's biological sex under any law or rule and regulation in this state," a person's "'sex' means the person's biological sex, either male or female, at birth." The act took effect on enactment. It does not name the Fair Employment Practices Act, and how it bears on a complaint to the department based on sexual orientation or gender identity is not stated in its text. Federal coverage of those traits is discussed on the workplace harassment laws hub.

Can an individual supervisor or coworker be liable?

Section 27-9-105(a)(ii) makes it a discriminatory practice for "a person, an employment agency, a labor organization, or its employees or members" to discriminate in matters of employment. Chapter 9 does not define "person," and it contains no provision stating whether an individual supervisor or coworker who harasses an employee is personally liable. The remedies in 27-9-106(n) are directed at "the employer, employment agency or labor organization."

Retaliation for complaining

Chapter 9 contains no retaliation clause: neither 27-9-105 nor 27-9-106 makes it unlawful to punish someone for filing a discrimination complaint. Title 27's anti-retaliation rules sit in other acts, including the wage-claim statute, W.S. 27-4-502(b), which makes it unlawful "for any employer to discharge, harass, discipline or in any other manner discriminate against any employee because the employee filed a claim for unpaid wages or made any other complaint or instituted or caused to be instituted any proceeding under or related to this act", and the equal pay act, W.S. 27-4-304, which makes it a crime to discharge or discriminate against an employee for complaining about sex-based pay discrimination under 27-4-302. Neither reaches complaints under the Fair Employment Practices Act. Federal retaliation protection is covered on the workplace harassment laws hub. How a firing after a complaint fits Wyoming's default employment rule is on the Wyoming at-will employment and Wyoming wrongful termination pages.

Deadlines and where to file

The Department of Workforce Services takes complaints under the Act through its Labor Standards division, which the department's site calls the Wyoming Fair Employment Program.

• Six months: a person claiming to be aggrieved "may, personally or through his attorney, make, sign and file with the department within six (6) months of the alleged violation" a written, verified complaint in duplicate, naming the employer and setting out "the particulars of the claim" (W.S. 27-9-106(a)). The Act has no separate deadline for harassment.
• How the department handles it: its workers page describes an intake questionnaire, a charge drafted by a compliance officer that the complainant signs and has notarized, 30 days for the employer to respond, 14 days for the complainant's rebuttal, and then a "Reasonable Cause" or "No Reasonable Cause" finding (DWS workers and job seekers).
• Fair hearing: "If the employer, employment agency, labor organization or employee is aggrieved by the department's determination, the aggrieved party may request a fair hearing," conducted under the Wyoming Administrative Procedure Act (W.S. 27-9-106(k)). Under the department's Fair Employment Rules, if no settlement is reached within 45 days after both parties receive a probable cause determination, either party may ask for the complaint to be referred to an independent hearing officer (ch. 3, s. 4(h)).
• After a dismissal, 20 days: if the department finds no probable cause, it dismisses the complaint by written notice, and "the complainant may request a fair hearing on his or her complaint within twenty (20) days of the complainant's receipt of the Notice of Dismissal" (DWS Fair Employment Rules, ch. 3, s. 4(f)-(g)). The 20 days run from the complainant's receipt of the Notice of Dismissal.
• What a hearing officer may order: cease and desist; remedial action; "the posting of notices, the making of reports as to the manner of compliance and any other relief that the hearing officer deems necessary and appropriate to make the complainant whole"; and "backpay or front pay" (W.S. 27-9-106(n)). The chapter contains no provision for starting a lawsuit in court and no other damages provision.
• Judicial review: the hearing officer's decision is the department's final agency action, and a complainant or respondent aggrieved by it may petition for judicial review in district court under W.S. 16-3-114 (DWS Fair Employment Rules, ch. 3, ss. 5(c), 6; W.S. Title 16). If an employer does not timely appeal or comply with the department's order within 30 days, the department may petition a district court to enforce it (W.S. 27-9-106(m)).
• Federal charge: the department is authorized "to enter into agreements, exchange information and otherwise assist the equal employment opportunity commission" (W.S. 27-9-104(a)(vii)). The EEOC's Denver office, which lists the department's Labor Standards division as a fair employment practices agency, states that a charge against a Wyoming employer of 15 or more employees may be filed with the EEOC within 300 days of the alleged harm (300 days for age at employers of 20 or more), while charges against smaller employers go to the state agency within six months (EEOC Denver timeliness; EEOC Denver FEPA list).

The fuller procedure is on the Wyoming wrongful termination page, which also covers remedies. The Wyoming employment discrimination settlement calculator is an estimating tool, not a prediction of any outcome.

Training and written policies

Chapter 9 contains no harassment training, written-policy or poster requirement for private employers. The only notice duty in the chapter is remedial: a hearing officer may require "the posting of notices" after finding a discriminatory practice (W.S. 27-9-106(n)(iii)).

NDAs, confidentiality and arbitration

Chapter 9 contains no provision limiting nondisclosure, confidentiality or arbitration terms in harassment agreements or settlements. Federal law adds limits for sexual harassment disputes: the Speak Out Act makes nondisclosure and nondisparagement clauses agreed to before a sexual harassment or sexual assault dispute arises judicially unenforceable where the conduct is alleged to violate federal, tribal or state law, and the Ending Forced Arbitration Act lets the person alleging sexual harassment or sexual assault elect court over a predispute arbitration agreement, both explained on the workplace harassment laws hub.

Is workplace bullying illegal in Wyoming?

The Fair Employment Practices Act reaches discrimination because of the traits listed in 27-9-105. The Act contains no provision on general workplace bullying that is not tied to one of those traits.

Documenting harassment and workplace monitoring

The rules on recording a conversation at work, including one with a harasser, are on the Wyoming workplace recording laws page. Employer monitoring of email, devices and workspaces is covered on the Wyoming employee monitoring laws page.

Recent changes to Wyoming harassment law

• 2001: Laws 2001, ch. 162 repealed subsections (b) through (h) and (j) of 27-9-106 and sections 27-9-107 and 27-9-108, leaving the current administrative procedure.
• 2025: House Bill 32 enacted W.S. 8-1-110, defining "sex" in Wyoming law as biological sex at birth, effective on enactment.

Related pages

• Workplace harassment laws by state
• Wyoming wrongful termination
• Wyoming at-will employment laws
• Wyoming employee monitoring laws
• Wyoming workplace recording laws

This article provides general legal information about Wyoming workplace harassment law under the Wyoming Fair Employment Practices Act as of 2026-10-20. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Wyoming or the Wyoming Department of Workforce Services.

Last updated: 2026-10-20.

Frequently Asked Questions

Is workplace harassment illegal in Wyoming?

Wyoming's Fair Employment Practices Act has no harassment clause. W.S. 27-9-105(a)(i) bars an employer of two or more employees from discriminating in the terms, conditions or privileges of employment because of age (40 and older), sex, race, creed, color, national origin, ancestry, pregnancy or disability, and a harassment complaint under state law rests on that language. The Wyoming Supreme Court held in Hoflund v. Airport Golf Club (2005) that sex discrimination under the Act includes sexual harassment.

Does Wyoming harassment law apply to small employers?

The Act covers every person employing two or more employees in Wyoming, plus the state and its political subdivisions and school districts, but not religious organizations or associations (W.S. 27-9-102(b)).

How long do I have to file a harassment complaint in Wyoming?

A written, verified complaint must be filed with the Department of Workforce Services within six months of the alleged violation (W.S. 27-9-106(a)). If the department dismisses the complaint, a request for a fair hearing is due within 20 days of receiving the Notice of Dismissal (DWS Fair Employment Rules, ch. 3, s. 4(g)). The EEOC's Denver office states that a federal charge against an employer of 15 or more employees may be filed within 300 days of the alleged harm.

Can I sue my employer in Wyoming state court under the Fair Employment Practices Act?

The Act contains no provision for starting a lawsuit in court. After the department's determination, an aggrieved party may request a fair hearing (within 20 days of receiving a Notice of Dismissal, under the department's rules), and a hearing officer may order relief including back pay or front pay (W.S. 27-9-106(k), (n)). A party aggrieved by the hearing decision may seek judicial review in district court under W.S. 16-3-114.

Does Wyoming protect against retaliation for a discrimination complaint?

Chapter 9 of Title 27 contains no retaliation clause. Other acts in Title 27 have their own rules: W.S. 27-4-502(b) covers complaints and proceedings under the wage-claim act, and W.S. 27-4-304 covers complaints about sex-based pay discrimination under the equal pay act.

Does Wyoming require sexual harassment training for employers?

Chapter 9 contains no harassment training or written-policy requirement for private employers. A hearing officer may order the posting of notices after finding a violation (W.S. 27-9-106(n)).

Is age harassment covered by Wyoming law?

Age is a protected trait under W.S. 27-9-105, but the age prohibitions apply only to persons at least 40 years of age (W.S. 27-9-105(b)).