PUBLIC NOTICE IS HEREBY GIVEN that the Wyoming Labor Standards Division proposes a new rule, Chapter 13 – Federal Sector Military Department Equal Employment Opportunity Complaints. On March 15, 2022, Wyoming Governor Mark Gordon signed the House Enrolled Act (HEA) 0054, Chapter 86, Military department-discrimination or harassment grievances, as passed by the 66th Legislature. The new rule and statutes focus on how the Military Department and Labor Standards Division will work together on discrimination or harassment grievances.
Changes in existing statutes include:
W.S. § 19-7-103(b)(xxv) – added – “He shall enter into agreements, exchange information and otherwise assist the department of workforce services to counsel, mediate, investigate and determine claims by members of the Wyoming national guard and employees of the military department under the federal laws enforced by the equal employment opportunity commission or under W.S. 27‑9‑105, as applicable. He shall promulgate rules that coordinate with the department of workforce services rules promulgated under W.S. 27‑9‑104(a)(viii) to accomplish the powers and duties in this paragraph and W.S. 27‑9‑104(a)(viii), consistent with equal employment opportunity commission rules and requirements and federal law. Nothing in this paragraph prevents a state employee of the military department claiming to be aggrieved by an employment practice specified as discriminatory or unfair in W.S. 27‑9‑105 from filing with the department of workforce services a complaint in accordance with W.S. 27‑9‑106.”
W.S. § 27-9-102(b) – added to “Employer” definitions – “Employer” shall include those
divisions of the Wyoming military department that are authorized by federal authority.”
W.S. § 27-9-104(a)(v) – added, “counseling, mediation, or” and added “or determination”
W.S. § 27-9-104(a)(viii) – added – “To enter into agreements, exchange information and otherwise assist the Wyoming military department to counsel, mediate, investigate and determine claims by members of the Wyoming national guard and employees of the military department. As used in this paragraph, “claims” means claims under this chapter or claims under the federal laws enforced by the equal employment opportunity commission, as applicable. The department shall promulgate rules that coordinate with the military department rules promulgated under W.S. 19‑7‑103(b)(xxv) to accomplish the powers and duties in this paragraph and W.S. 19‑7‑103(b)(xxv), consistent with equal employment opportunity commission rules and requirements and federal law.”
The new rule includes sections on: Authority; Definitions; EEO Counselor and EEO Investigator; and Incorporation by Reference. A Memorandum of Understanding (MOU) between the Wyoming Military Department and Labor Standards Division has been completed. This assures the two agencies will work cooperatively on discrimination or harassment grievances.
A public comment period will end at close of business on September 29, 2022.
Written comments should be submitted to the following address by September 29, 2022.
Wyoming Department of Workforce Services
ATTN: Yvonne Adekale
5221 Yellowstone Road
Cheyenne, WY 82002
(307) 777-3373
Or via email to: Yvonne.Adekale@wyo.gov
Copies of the proposed rules may be obtained by submitting a written request to the Division, with pre-payment by personal check or money order for the total number of copies requested; the fee for each copy is $4.00. The proposed rules may be downloaded, free of charge, from the Department of Workforce Services (DWS) here.