Wyoming Department of Workforce Services Labor Standards Office — Charge of Discrimination (WFEPA / EEOC Dual-File)

CHARGE OF DISCRIMINATION

Wyoming Department of Workforce Services

Labor Standards Office — Wyoming Fair Employment Program

(Dual-Filed with U.S. Equal Employment Opportunity Commission)

A. CHARGING PARTY (COMPLAINANT)

B. RESPONDENT (EMPLOYER OR ENTITY CHARGED)

C. BASIS OF DISCRIMINATION

I believe I was discriminated against because of (check all that apply):

Wyoming Fair Employment Practices Act (W.S. § 27-9-105(a)) bases:

• ☐ Race
• ☐ Color
• ☐ Creed (Religion)
• ☐ Sex
• ☐ Pregnancy
• ☐ Age (40 or older)
• ☐ National Origin
• ☐ Ancestry
• ☐ Disability

Federal-only bases (preserved by EEOC dual-filing):

• ☐ Sexual Orientation (Title VII per Bostock v. Clayton County, 590 U.S. 644 (2020))
• ☐ Gender Identity (Title VII per Bostock)
• ☐ Genetic Information (GINA, 42 U.S.C. § 2000ff)
• ☐ Retaliation for opposing unlawful practices or filing/participating in a charge or proceeding

D. DATE(S) DISCRIMINATION TOOK PLACE

E. PARTICULARS — STATEMENT OF DISCRIMINATION

I, [CHARGING PARTY NAME], allege the following:

E.1. I am a member of the protected class(es) checked in Section C above. Specifically, [describe — e.g., "I am African American," "I am 56 years old," "I am pregnant," "I have a disability (specify)"].

E.2. I began my employment with Respondent [RESPONDENT NAME] on [__/__/____] as a [JOB TITLE]. At all relevant times, I performed my job duties competently and met or exceeded Respondent's legitimate expectations, as reflected in [performance reviews / commendations / promotions].

E.3. Beginning on or about [__/__/____], I was subjected to the following discriminatory conduct:

• [Adverse action 1 — date, decisionmaker, action taken (e.g., termination, demotion, pay cut, denial of promotion, denial of accommodation, harassment)];
• [Adverse action 2 — date, decisionmaker, action];
• [Specific harassment incident — date, location, actors, statements, witnesses];
• [Pattern of differential treatment — names of comparators outside the protected class who were treated more favorably].

E.4. On [__/__/____], I reported the discrimination/harassment to [HR / supervisor / hotline / EEO officer] and engaged in protected activity by [describe internal complaint, EEOC charge, accommodation request, etc.].

E.5. Following my protected activity, Respondent [describe retaliatory conduct — termination, schedule change, write-up, isolation, demotion, pay cut] on or about [__/__/____].

E.6. Similarly situated employees outside my protected class(es) were treated more favorably. Specifically, [name comparator(s); describe their characteristics, performance, and treatment].

E.7. Respondent's stated reasons for the adverse actions are pretextual because [describe inconsistencies, shifting rationales, deviations from policy, temporal proximity, statistical patterns, or direct evidence of bias].

E.8. As a direct and proximate result of Respondent's discriminatory conduct, I have suffered [lost wages, benefits, emotional distress, humiliation, professional reputation harm].

I believe I have been discriminated against in violation of the Wyoming Fair Employment Practices Act, W.S. § 27-9-101 et seq., and [as applicable: Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Pregnancy Discrimination Act, GINA, and/or 42 U.S.C. § 1981].

F. RELIEF REQUESTED

I request that the Wyoming Department of Workforce Services Labor Standards Office investigate this charge and, upon a finding of probable cause, order the following relief under W.S. § 27-9-107:

• ☐ Cease-and-desist order against further discriminatory practices
• ☐ Reinstatement to my former position with full seniority and benefits
• ☐ Back pay and lost benefits from the date of the adverse action through the date of resolution, with prejudgment interest
• ☐ Front pay where reinstatement is not feasible
• ☐ Posting of notices regarding employees' rights under WFEPA
• ☐ Required reporting on Respondent's compliance
• ☐ Implementation of remedial training and revised anti-discrimination policies
• ☐ Any other affirmative or equitable relief necessary to make me whole

I further request that, through the Wyoming-EEOC work-share agreement, this charge be dual-filed with the U.S. Equal Employment Opportunity Commission to preserve all federal claims, including those (such as sexual orientation, gender identity, and genetic information) not enumerated under WFEPA.

G. DUAL-FILING ELECTION

I hereby request that this charge be dual-filed with the U.S. Equal Employment Opportunity Commission ("EEOC") pursuant to the work-share agreement between the Wyoming Department of Workforce Services Labor Standards Office and the EEOC under 29 C.F.R. § 1601.13.

• ☐ I want this charge dual-filed with EEOC.
• ☐ I do NOT want this charge dual-filed with EEOC.

I understand that dual-filing extends the federal Title VII / ADA / ADEA filing window from 180 to 300 days from the date of the alleged unlawful practice, and that any subsequent federal lawsuit must be filed within ninety (90) days of receipt of an EEOC Notice of Right to Sue under 42 U.S.C. § 2000e-5(f)(1).

H. PRIOR PROCEEDINGS

I. VERIFICATION (NOTARIZED)

I, [CHARGING PARTY NAME], being first duly sworn, depose and state under penalty of perjury that I have read the foregoing Charge of Discrimination, that I am the Charging Party herein, and that the statements contained in this Charge are true and correct to the best of my knowledge, information, and belief.

Date: [__/__/____]

[________________________________]

[CHARGING PARTY SIGNATURE]

Printed Name: [CHARGING PARTY PRINTED NAME]

STATE OF WYOMING

COUNTY OF [________________]

Subscribed and sworn to before me this [___] day of [MONTH], [YEAR], by [CHARGING PARTY NAME].

[________________________________]

Notary Public

My Commission Expires: [__/__/____]

(Notary Seal)

J. FILING INSTRUCTIONS

Submit this verified Charge of Discrimination, in duplicate, to the Wyoming Department of Workforce Services Labor Standards Office:

K. WYOMING PRACTICE NOTES

• 6-month state filing deadline (W.S. § 27-9-106(a)). The verified, written complaint must be filed in duplicate within six (6) months of the alleged unlawful practice. This is meaningfully shorter than the federal 300-day deferral-state deadline; counsel should calendar both deadlines and file as early as possible.
• No state right-to-sue letter requirement. WFEPA does not condition any subsequent action on issuance of a right-to-sue letter parallel to Title VII. The administrative process culminates in an agency determination, optional fair hearing under the Wyoming APA, and judicial review by petition under W.R.A.P. 12.
• 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. Federal Title VII coverage post-Bostock v. Clayton County, 590 U.S. 644 (2020), applies for those bases — DUAL-FILE with EEOC to preserve.
• Employer threshold. WFEPA covers employers with 2+ employees (W.S. § 27-9-102). Title VII / ADA require 15+; ADEA requires 20+.
• Limited WFEPA remedies (W.S. § 27-9-107). Hiring, reinstating, upgrading, posting of notices, reporting, 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.
• Dual-filing process. The Wyoming-EEOC work-share agreement under 29 C.F.R. § 1601.13 allows charges filed with the Labor Standards Office to be deemed filed with EEOC and vice versa. Mark the dual-file election on the charge form.
• Wyoming Governmental Claims Act. If Respondent is a Wyoming governmental entity, comply with the WGCA's notice-of-claim requirements (W.S. § 1-39-101 et seq.; Allen v. Lucero, 925 P.2d 622 (Wyo. 1996)) BEFORE filing any related civil action. The administrative charge with the Labor Standards Office is not a substitute for WGCA notice for tort or non-discrimination claims.
• Public accommodations and housing. WFEPA covers employment only. For public accommodations claims, see W.S. § 6-9-101 (criminal misdemeanor; no civil private right of action) or federal 42 U.S.C. § 2000a / ADA Title III. For housing, see W.S. § 40-26-101 et seq. (Wyoming Fair Housing Act), administered by the same agency.
• Federal lawsuit window. For federal counts dual-filed with EEOC, suit must be commenced within ninety (90) days of receipt of the EEOC Notice of Right to Sue under 42 U.S.C. § 2000e-5(f)(1). § 1981 race claims have no exhaustion requirement and use the 4-year federal catch-all under 28 U.S.C. § 1658.

L. 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 — https://law.justia.com/codes/wyoming/title-27/chapter-9/section-27-9-105/
• W.S. § 27-9-106 (6-month filing deadline)
• W.S. § 27-9-107 (Remedies)
• W.S. § 16-3-101 et seq. (Wyoming Administrative Procedure Act)
• W.S. § 1-39-101 et seq. (Wyoming Governmental Claims Act)
• W.S. § 40-26-101 et seq. (Wyoming Fair Housing Act)
• Wyoming Department of Workforce Services, Labor Standards Office — https://dws.wyo.gov/dws-division/labor-standards/
• EEOC — https://www.eeoc.gov/
• 29 C.F.R. § 1601.13 (Work-share agreements)
• Bostock v. Clayton County, 590 U.S. 644 (2020)
• 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)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. The 6-month WFEPA deadline under W.S. § 27-9-106(a) is shorter than the federal 300-day deferral-state deadline; missing it forfeits state-law remedies. WFEPA does NOT cover sexual orientation or gender identity — preserve those claims by dual-filing with EEOC. WFEPA does NOT independently authorize compensatory or punitive damages; for those, parallel federal counts in court are required. An attorney licensed in Wyoming should review this charge before submission.