Wyoming State Civil Rights Complaint (WFEPA + Parallel Federal Counts)

CIVIL RIGHTS COMPLAINT — EMPLOYMENT DISCRIMINATION — WYOMING

TABLE OF CONTENTS

1. Caption
2. Nature of the Action
3. Parties, Jurisdiction, and Venue
4. Administrative Exhaustion
5. Factual Allegations
6. Count I — Title VII Discrimination
7. Count II — Title VII Retaliation
8. Count III — Wyoming Fair Employment Practices Act (Reference / Parallel)
9. Count IV — ADA / ADEA / § 1981 (As Applicable)
10. Damages
11. Prayer for Relief
12. Demand for Trial by Jury
13. Signature Block
14. Certificate of Service
15. Wyoming Practice Notes
16. Sources and References

1. CAPTION

UNITED STATES DISTRICT COURT

DISTRICT OF WYOMING

CASE NO. [________________________________]

COMPLAINT AND DEMAND FOR JURY TRIAL

(Title VII; ADA; ADEA; 42 U.S.C. § 1981; Wyoming Fair Employment Practices Act, W.S. § 27-9-101 et seq.)

Plaintiff, by and through undersigned counsel, complains of Defendants and alleges as follows:

2. NATURE OF THE ACTION

2.1. This is a civil action arising under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.; the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.; the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq.; 42 U.S.C. § 1981; and, by reference, the Wyoming Fair Employment Practices Act, W.S. § 27-9-101 et seq. ("WFEPA").

2.2. Plaintiff alleges that Defendants discriminated against Plaintiff on the basis of [PROTECTED CLASS — race / color / sex / pregnancy / age 40+ / creed (religion) / national origin / ancestry / disability / and (under federal Title VII per Bostock) sexual orientation / gender identity], retaliated against Plaintiff for engaging in protected activity, and subjected Plaintiff to a hostile work environment in violation of federal and Wyoming law.

3. PARTIES, JURISDICTION, AND VENUE

3.1. Plaintiff [PLAINTIFF NAME] is an adult resident of [COUNTY] County, Wyoming, and was at all relevant times an "employee" within the meaning of 42 U.S.C. § 2000e(f) and W.S. § 27-9-102.

3.2. Defendant [EMPLOYER NAME] ("Employer") is a [corporation / LLC / other entity] organized under the laws of [STATE], registered to do business in Wyoming, with its principal Wyoming place of business at [ADDRESS].

3.3. At all relevant times, Employer employed fifteen (15) or more employees for each working day in each of twenty (20) or more calendar weeks in the current or preceding calendar year, and is therefore an "employer" within the meaning of 42 U.S.C. § 2000e(b). Employer also satisfies the broader two-employee threshold under W.S. § 27-9-102.

3.4. This Court has subject-matter jurisdiction under 28 U.S.C. § 1331 (federal question) and 28 U.S.C. § 1343 (civil rights). Supplemental jurisdiction over the parallel state-law WFEPA references is conferred by 28 U.S.C. § 1367, subject to the Wyoming APA's primary-jurisdiction doctrine governing the WFEPA administrative process.

3.5. Venue is proper in this District under 42 U.S.C. § 2000e-5(f)(3) and 28 U.S.C. § 1391(b) because the unlawful employment practices occurred in [COUNTY] County, Wyoming.

4. ADMINISTRATIVE EXHAUSTION

4.1. On [DATE], within six (6) months of the last alleged unlawful employment practice as required by W.S. § 27-9-106(a), Plaintiff filed a verified, written charge of discrimination with the Wyoming Department of Workforce Services, Labor Standards Office (Wyoming Fair Employment Program), Charge No. [________], dual-filed with the U.S. Equal Employment Opportunity Commission ("EEOC") under the Wyoming-EEOC work-share agreement extending the federal filing window to 300 days.

4.2. The Labor Standards Office and/or EEOC issued a [Determination / Dismissal / Notice of Right to Sue] dated [DATE]. A copy is attached as Exhibit A.

4.3. This Complaint is filed within ninety (90) days of Plaintiff's receipt of the Notice of Right to Sue, as required by 42 U.S.C. § 2000e-5(f)(1).

4.4. Plaintiff has exhausted all administrative remedies and conditions precedent to suit have been satisfied or waived.

5. FACTUAL ALLEGATIONS

5.1. Plaintiff began employment with Defendant Employer on [DATE] as [POSITION].

5.2. At all relevant times, Plaintiff performed Plaintiff's duties competently and met or exceeded Employer's legitimate expectations.

5.3. Plaintiff is a member of the following protected class(es): [RACE / COLOR / SEX / PREGNANCY / AGE 40+ / CREED / NATIONAL ORIGIN / ANCESTRY / DISABILITY / and per Bostock — SEXUAL ORIENTATION / GENDER IDENTITY].

5.4. Beginning on or about [DATE], Plaintiff was subjected to the following adverse employment actions and/or harassment:

• [Specific adverse action 1 — e.g., termination, demotion, pay cut, denied promotion, refused accommodation];
• [Specific harassment incident 1 — date, location, actors, statements];
• [Specific harassment incident 2];
• [Pattern of differential treatment — comparators].

5.5. On [DATE], Plaintiff reported the discrimination/harassment to [HR / supervisor / hotline] and engaged in protected activity by [describe complaint, EEOC charge, accommodation request, etc.].

5.6. Following Plaintiff's protected activity, Defendants [describe retaliation — termination, schedule changes, write-ups, isolation].

5.7. Similarly situated employees outside Plaintiff's protected class(es) were treated more favorably, including [name comparators and treatment].

5.8. Defendants' stated reasons for the adverse actions are pretextual because [explain inconsistencies, shifting rationales, deviations from policy, temporal proximity].

6. COUNT I — TITLE VII DISCRIMINATION

(Against Defendant Employer)

6.1. Plaintiff incorporates Paragraphs 1.1 through 5.8 as if fully restated.

6.2. Title VII, 42 U.S.C. § 2000e-2(a), prohibits discrimination on the basis of race, color, religion, sex (including pregnancy, sexual orientation, and gender identity per Bostock v. Clayton County, 590 U.S. 644 (2020)), or national origin.

6.3. Defendant Employer discriminated against Plaintiff because of Plaintiff's [PROTECTED CLASS] by [ADVERSE ACTION].

6.4. As a direct and proximate result, Plaintiff has suffered lost wages and benefits, emotional distress, humiliation, loss of professional reputation, and other compensable damages.

7. COUNT II — TITLE VII RETALIATION

(Against Defendant Employer)

7.1. Plaintiff incorporates Paragraphs 1.1 through 6.4.

7.2. 42 U.S.C. § 2000e-3(a) prohibits retaliation against employees who oppose unlawful employment practices or participate in Title VII proceedings.

7.3. Plaintiff engaged in protected activity by [describe], and Defendant Employer thereafter took materially adverse action by [describe], with a causal connection demonstrated by [temporal proximity / direct evidence / pattern].

7.4. Plaintiff has suffered the damages set forth above.

8. COUNT III — WYOMING FAIR EMPLOYMENT PRACTICES ACT (Reference / Parallel)

(Predicate Authority — Equitable / Declaratory Reference; Limited Remedies)

8.1. Plaintiff incorporates Paragraphs 1.1 through 7.4.

8.2. The Wyoming Fair Employment Practices Act, W.S. § 27-9-105(a), prohibits employers from refusing to hire, discharging, promoting or demoting, or discriminating in matters of compensation or terms, conditions, or privileges of employment against any qualified person on the basis of age (40+), sex, race, creed, color, national origin, ancestry, pregnancy, or disability.

8.3. Plaintiff exhausted WFEPA remedies through the Wyoming Department of Workforce Services Labor Standards Office as set forth in Section 4 above.

8.4. Plaintiff acknowledges that WFEPA's enumerated remedies under W.S. § 27-9-107 are limited to back pay, front pay, reinstatement, hiring, posting of notices, reporting requirements, and other equitable affirmative relief, and that WFEPA does NOT independently authorize compensatory damages for emotional distress or punitive damages of the type available under federal Title VII. WFEPA is referenced herein for the limited purposes of (a) demonstrating Defendant's notice of state-law obligations parallel to federal law; (b) supporting equitable considerations and back-pay recovery; and (c) preserving any declaratory relief the Court may consider appropriate within its supplemental jurisdiction.

9. COUNT IV — ADA / ADEA / § 1981 (As Applicable)

(Against Defendant Employer; § 1981 also against individual Defendants)

9.1. Plaintiff incorporates Paragraphs 1.1 through 8.4.

9.2. [As applicable: ADA — 42 U.S.C. § 12112(a) prohibits discrimination on the basis of disability and requires reasonable accommodation.] Plaintiff is a qualified individual with a disability and was denied a reasonable accommodation and/or terminated because of disability.

9.3. [As applicable: ADEA — 29 U.S.C. § 623(a)] Plaintiff was age 40 or older and was discharged/demoted because of age, where age was the but-for cause of the adverse action.

9.4. [As applicable: 42 U.S.C. § 1981] Defendants intentionally discriminated against Plaintiff on the basis of race in the making, performance, modification, and termination of Plaintiff's employment contract.

9.5. As a direct and proximate result, Plaintiff has suffered damages as set forth herein.

10. DAMAGES

10.1. Back Pay and Benefits. Lost wages, bonuses, commissions, and benefits from the date of the adverse action through the date of judgment, with prejudgment interest. Available under WFEPA (W.S. § 27-9-107) and federal counts.

10.2. Front Pay or Reinstatement. Reinstatement to Plaintiff's former position with full seniority, or in the alternative, front pay in an amount sufficient to make Plaintiff whole. Available under WFEPA and federal counts.

10.3. Compensatory Damages. Emotional distress, mental anguish, humiliation, loss of professional reputation, and other non-economic injuries, available under federal Title VII, the ADA, and § 1981 (subject to the statutory caps in 42 U.S.C. § 1981a(b)(3)). NOT independently available under WFEPA.

10.4. Punitive Damages. Available under Title VII, the ADA, and § 1981 where Defendants acted with malice or reckless indifference to Plaintiff's federally protected rights. NOT independently available under WFEPA.

10.5. Liquidated Damages. Available under the ADEA for willful violations.

10.6. Attorney's Fees and Costs. Pursuant to 42 U.S.C. § 2000e-5(k), 42 U.S.C. § 12205, 29 U.S.C. § 626(b), and 42 U.S.C. § 1988.

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for the following relief:

• A. Judgment for Plaintiff and against Defendants on all counts;
• B. Back pay, lost benefits, and prejudgment interest;
• C. Reinstatement or, in the alternative, front pay;
• D. Compensatory damages in an amount to be determined at trial (federal counts);
• E. Punitive damages in an amount to be determined at trial (federal counts);
• F. Liquidated damages under the ADEA for willful violations (if applicable);
• G. A declaratory judgment that Defendants' conduct violated Title VII, the ADA, the ADEA, 42 U.S.C. § 1981, and W.S. § 27-9-105;
• H. Permanent injunctive relief enjoining further discrimination and retaliation, and ordering Defendants to implement remedial training and policy changes;
• I. Reasonable attorney's fees and costs;
• J. Such other relief as the Court deems just and equitable.

12. DEMAND FOR TRIAL BY JURY

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right, pursuant to Fed. R. Civ. P. 38(b) and 42 U.S.C. § 1981a(c).

☐ Jury demand asserted on all triable counts.

13. SIGNATURE BLOCK

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Wyoming State Bar No. [####]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, WY ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

14. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I caused the foregoing COMPLAINT AND DEMAND FOR JURY TRIAL to be served upon all Defendants via the Court's CM/ECF system or, where applicable, by service of process pursuant to Fed. R. Civ. P. 4.

[________________________________]

[ATTORNEY NAME]

15. WYOMING PRACTICE NOTES

• 6-month state filing deadline. W.S. § 27-9-106(a) requires filing a verified, written complaint with the Wyoming Department of Workforce Services Labor Standards Office within six (6) months of the alleged unlawful practice. This is shorter than the federal 300-day EEOC deadline; failing to dual-file timely forfeits state-law remedies.
• WFEPA protected classes (W.S. § 27-9-105(a)). Age (40+), sex, race, creed (religion), color, national origin, ancestry, pregnancy, and disability. Wyoming does NOT include sexual orientation or gender identity. For those categories, rely on federal Title VII per Bostock v. Clayton County, 590 U.S. 644 (2020).
• Limited WFEPA remedies (W.S. § 27-9-107). The hearing officer may order hiring, retaining, reinstating, or upgrading of employees, posting of notices, reporting on compliance, back pay, front pay, and "any other relief deemed necessary and appropriate to make the complainant whole." WFEPA does NOT enumerate compensatory damages (emotional distress) or punitive damages. For full damages relief, parallel federal counts under Title VII, the ADA, the ADEA, and § 1981 are required.
• Employer threshold. WFEPA covers employers with 2+ employees (W.S. § 27-9-102). Title VII, the ADA, and the ADEA require 15+ (Title VII/ADA) or 20+ (ADEA) employees.
• Administrative-then-judicial structure. WFEPA contemplates investigation by the Labor Standards Office (W.S. § 27-9-106), an administrative hearing under the Wyoming APA (W.S. § 16-3-101 et seq.), and judicial review by petition under W.S. § 16-3-114 and W.R.A.P. 12 in Wyoming district court. There is no robust freestanding private right of action for damages in district court under WFEPA outside this structure.
• Public accommodations. W.S. § 6-9-101 prohibits denial of public accommodations on the basis of race, color, creed, or national origin and is enforced as a misdemeanor (no civil private right of action). For comprehensive accommodations relief, plead federal Title II of the Civil Rights Act of 1964 (42 U.S.C. § 2000a) or ADA Title III.
• Housing. The Wyoming Fair Housing Act, W.S. § 40-26-101 et seq., handles housing discrimination separately and is administered by the Labor Standards Office.
• Statute of limitations for federal claims. Title VII / ADA / ADEA: file with EEOC within 180 days (or 300 days as a deferral state); 90 days to file in court after right-to-sue notice. § 1981: 4-year federal "catch-all" statute under 28 U.S.C. § 1658 (post-1990 conduct).
• Damages caps. 42 U.S.C. § 1981a(b)(3) caps combined compensatory and punitive damages by employer size (15-100: $50,000; 101-200: $100,000; 201-500: $200,000; 500+: $300,000). § 1981 has no cap.
• Forum. U.S. District Court for the District of Wyoming (single statewide district, sitting in Cheyenne, Casper, and Mammoth) for federal counts. State petitions for review of WFEPA agency orders are filed in the Wyoming district court for the county where the petitioner resides or the agency action occurred under W.S. § 16-3-114.
• Pleading standard. Ashcroft v. Iqbal, 556 U.S. 662 (2009), and Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), apply in federal court. Wyoming state-court notice pleading is governed by W.R.C.P. 8.
• Allen v. Lucero, 925 P.2d 622 (Wyo. 1996) — addresses private rights of action under Wyoming statutes generally and the Wyoming Governmental Claims Act (W.S. § 1-39-101 et seq.) notice-of-claim requirements; for any defendant that is a Wyoming governmental entity, comply with the WGCA's two-year notice and presentment requirements before suit.

16. SOURCES AND REFERENCES

• W.S. § 27-9-101 et seq. (Wyoming Fair Employment Practices Act) — https://wyoleg.gov/statutes/compress/title27.pdf
• W.S. § 27-9-105 (Discriminatory and unfair employment practices) — https://law.justia.com/codes/wyoming/title-27/chapter-9/section-27-9-105/
• W.S. § 27-9-106 (Filing of complaint; 6-month deadline) — https://law.justia.com/codes/wyoming/title-27/chapter-9/
• W.S. § 27-9-107 (Remedies)
• W.S. § 6-9-101 (Public accommodations — criminal)
• W.S. § 40-26-101 et seq. (Wyoming Fair Housing Act)
• W.S. § 16-3-101 et seq. (Wyoming Administrative Procedure Act)
• Wyoming Department of Workforce Services, Labor Standards Office — https://dws.wyo.gov/dws-division/labor-standards/
• EEOC — https://www.eeoc.gov/
• Bostock v. Clayton County, 590 U.S. 644 (2020)
• Ashcroft v. Iqbal, 556 U.S. 662 (2009)
• McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973)
• Allen v. Lucero, 925 P.2d 622 (Wyo. 1996)
• 42 U.S.C. § 2000e et seq. (Title VII)
• 42 U.S.C. § 12101 et seq. (ADA)
• 29 U.S.C. § 621 et seq. (ADEA)
• 42 U.S.C. § 1981

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. WFEPA's remedies are limited to back pay, reinstatement, and equitable relief; compensatory and punitive damages are obtained only through parallel federal counts. Wyoming does NOT include sexual orientation or gender identity in WFEPA's enumerated protected classes — federal Title VII coverage post-Bostock applies for those bases. An attorney licensed in Wyoming must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.