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. Initial Service Information
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. W.S. § 27-9-107 was repealed in 2001. Current W.S. § 27-9-106(n) authorizes the administrative hearing officer to order cease-and-desist relief; specified remedial action; notices and compliance reports; other relief necessary and appropriate to make the complainant whole; and back pay or front pay. It does not enumerate emotional-distress or punitive damages. Any judicial claim or remedy must rest on an independently established cause of action, review route, and remedial authority.

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. W.S. § 27-9-106(n) permits a WFEPA hearing officer to require back pay or front pay. Any additional benefits, prejudgment interest, or court award must be supported by the applicable federal count or other independent authority.

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 may be available under qualifying federal counts. Apply 42 U.S.C. § 1981a(b)(3) to the covered Title VII or ADA award and analyze § 1981 relief separately. These damages are not enumerated by 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. INITIAL SERVICE INFORMATION

After filing in federal court, Plaintiff will obtain an issued summons for each Defendant and arrange service of that summons with a copy of this Complaint under Fed. R. Civ. P. 4. Unless service is waived, Plaintiff will file proof of service separately, ordinarily the server's affidavit under Rule 4(l)(1). CM/ECF filing notice does not establish initial service on a Defendant.

[________________________________]

[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).
• Hearing-officer relief (W.S. § 27-9-106(n)). Section 27-9-107 was repealed in 2001. Current § 27-9-106(n) permits cease-and-desist relief; specified remedial action including hiring, retaining, reinstating, or upgrading; notices and compliance reports; other relief necessary and appropriate to make the complainant whole; and back pay or front pay. It does not enumerate emotional-distress or punitive damages.
• 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(a) lists race, religion, color, sex, and national origin; subsection (b) makes an intentional violation a misdemeanor. It does not list disability. Check the applicable federal and state access law for the actual claim before pleading a separate count.
• Housing. The Wyoming Fair Housing Act, W.S. § 40-26-101 et seq., addresses housing discrimination separately. Section 40-26-102(a)(viii) defines its state "enforcing authority" as a Wyoming agency or incorporated nonprofit accepted by HUD; it does not name the Labor Standards Office or the Attorney General. The Wyoming Judicial Branch directs people making fair housing complaints to HUD. Confirm any current state designation before routing a state complaint.
• Statute of limitations for federal claims. Title VII / ADA / ADEA: determine whether the statutory 180-day charge period or conditional 300-day extension applies, then apply the 90-day civil-action rule after the statutory notice. For § 1981, Jones v. R.R. Donnelley & Sons Co., 541 U.S. 369 (2004), applies 28 U.S.C. § 1658's four-year period only when the completed claim was made possible by a post-1990 enactment; it is not triggered merely because the conduct occurred after 1990.
• Damages caps. 42 U.S.C. § 1981a(b)(3) caps qualifying combined compensatory and punitive damages by employer size. Section 1981a(b)(4) does not limit relief available under § 1981, but that does not establish that every § 1981 remedy is categorically uncapped; perform a claim-specific remedies analysis.
• Forum. U.S. District Court for the District of Wyoming is one judicial district; under 28 U.S.C. § 131, court is held at Casper, Cheyenne, Evanston, Lander, Jackson, and Sheridan. 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. § 27-9-106(k), (m), and (n) (fair hearing, department order, and hearing-officer relief)
• 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.