Text of WY SF 115 (2015)

2015 STATE OF WYOMING 15LSO-0337 1 SF0115 SENATE FILE NO. SF0115 Discrimination. Sponsored by: Senator(s) Rothfuss, Burns, Christensen, Coe, Nicholas, P., Pappas, Von Flatern and Wasserburger and Representative(s) Brown, Connolly, Lockhart, Madden, Paxton, Petroff and Zwonitzer, Dn. A BILL for AN ACT relating to discrimination; prohibiting 1 discrimination based on sexual orientation or gender 2 identity as specified; providing an exception; and 3 providing for an effective date. 4 5 Be It Enacted by the Legislature of the State of Wyoming: 6 7 Section 1. W.S. 6-9-104 is created to read: 8 9 6-9-104. Religious exemption. 10 11 (a) Nothing in this article or any other provision of 12 law related to discrimination in employment shall be deemed 13 to apply to any of the employment practices of a religious 14 2015 STATE OF WYOMING 15LSO-0337 2 SF0115 corporation, association, educational institution or 1 society which has as its primary purpose religious ritual 2 or worship or the teaching or spreading of religious 3 doctrine or belief. 4 5 (b) For any religious corporation, association, 6 educational institution or society that is not wholly 7 exempt under subsection (a) of this section, this article 8 or any other provision of law related to discrimination in 9 employment shall not apply with respect to the employment 10 of individuals whose duties are ministerial, in that they 11 consist of teaching or spreading religious doctrine or 12 belief, religious governance, supervision of a religious 13 order, supervision of persons teaching or spreading 14 religious doctrine or belief or supervision or 15 participation in religious ritual or worship. 16 17 (c) Nothing in this article or any other provision of 18 law related to discrimination shall be construed to limit 19 the rights available to a religious corporation, 20 association, educational institution or society under any 21 federal law that establishes protections for freedom of 22 speech and free exercise of religion, including legal 23 2015 STATE OF WYOMING 15LSO-0337 3 SF0115 standards and rights available under the first amendment to 1 the United States Constitution. 2 3 Section 2. W.S. 1-11-101(b), 6-9-101(a), 6-9-102(a), 4 9-2-1022(a)(v), 14-4-201(f), 19-14-107(a), 21-3-304(c), 5 21-4-302(d), 21-4-303, 21-7-302, 27-4-302(a)(intro) and 6 (iv), 27-9-105(a)(i) and (ii), 35-1-620(b)(viii), 7 35-4-131(b)(intro) and 42-4-107(b) are amended to read: 8 9 1-11-101. Qualifications of juror. 10 11 (b) No citizen shall be excluded from service as a 12 juror on account of race, color, religion, sex, sexual 13 orientation or gender identity, age, national origin or 14 economic status. 15 16 6-9-101. Equal enjoyment of public accommodations and 17 facilities; penalties. 18 19 (a) All persons of good deportment are entitled to 20 the full and equal enjoyment of all accommodations, 21 advantages, facilities and privileges of all places or 22 agencies which are public in nature, or which invite the 23 2015 STATE OF WYOMING 15LSO-0337 4 SF0115 patronage of the public, without any distinction, 1 discrimination or restriction on account of race, religion, 2 color, sex, sexual orientation or gender identity or 3 national origin. 4 5 6-9-102. Discrimination prohibited; penalties. 6 7 (a) No person shall be denied the right to life, 8 liberty, pursuit of happiness or the necessities of life 9 because of race, color, sex, sexual orientation or gender 10 identity, creed or national origin. 11 12 9-2-1022. Duties of department performed through 13 human resources division. 14 15 (a) Subject to subsection (b) of this section, the 16 department through the human resources division shall: 17 18 (v) Maintain a register of applications made by 19 all persons seeking employment with an agency. Each 20 application shall be rated on the basis of suitability and 21 qualifications without regard to political affiliation, 22 2015 STATE OF WYOMING 15LSO-0337 5 SF0115 race, color, sex, sexual orientation or gender identity, 1 creed or age; 2 3 14-4-201. Quality child care system established. 4 5 (f) In the delivery of services, facilities that 6 receive funds under this article shall not discriminate 7 against any individual on the basis of sex, sexual 8 orientation or gender identity, color, race, religion, 9 national origin, disability or age other than the age of 10 the qualifying child. Notwithstanding this subsection, 11 facilities shall retain the ability to refer children with 12 developmental disabilities to appropriate services. 13 14 19-14-107. Creation of veterans' commission; 15 composition; terms. 16 17 (a) A Wyoming veterans' commission is created within 18 the military department consisting of twelve (12) members, 19 not less than one (1) of whom shall reside in each judicial 20 district identified in W.S. 5-3-101, appointed by the 21 governor for staggered terms of three (3) years. 22 Commencing with initial appointments made in 2005, four (4) 23 2015 STATE OF WYOMING 15LSO-0337 6 SF0115 members of the board shall be appointed for a term of one 1 (1) year, four (4) members for a term of two (2) years and 2 four (4) members for a term of three (3) years. Terms 3 thereafter shall be three (3) years and staggered with one- 4 third (1/3) of the members' terms expiring each year. 5 Appointments shall be made without regard to political 6 affiliation, sex, sexual orientation or gender identity, 7 religion or ethnic background. The governor may remove any 8 member as provided in W.S. 9-1-202. A chairman shall be 9 elected by the commission from among its members and a new 10 chairman elected every two (2) years thereafter. 11 12 21-3-304. Charter school; requirements; authority. 13 14 (c) A charter school shall be subject to all federal 15 and state laws and constitutional provisions prohibiting 16 discrimination on the basis of disability, race, creed, 17 color, gender, sexual orientation or gender identity, 18 national origin, religion, ancestry or need for special 19 education services. Enrollment decisions shall be made in a 20 nondiscriminatory manner specified by the charter school 21 applicant in the charter school application. Enrollment 22 2015 STATE OF WYOMING 15LSO-0337 7 SF0115 decisions shall not discriminate against at-risk students 1 or special program students. 2 3 21-4-302. Age for registration in first grade and 4 kindergarten; preschool programs. 5 6 (d) A program shall not discriminate in enrollment on 7 the basis of sex, sexual orientation or gender identity, 8 race, religion or national origin. 9 10 21-4-303. Right not denied on account of sex, race or 11 religion. 12 13 No child shall be denied the right to attend the public 14 schools of this state on account of sex, sexual orientation 15 or gender identity, race, or religion. 16 17 21-7-302. Discrimination in compensation prohibited. 18 19 No discrimination in the amount of compensation for the 20 teachers in the public schools of this state shall be made 21 on account of sex, sexual orientation or gender identity, 22 race or religious belief. 23 2015 STATE OF WYOMING 15LSO-0337 8 SF0115 1 27-4-302. Prohibition on paying employees less for 2 same work. 3 4 (a) No employer shall discriminate, within the same 5 establishment in which the employees are employed, between 6 employees on the basis of gender, gender identity or sexual 7 orientation by paying wages to employees at a rate less 8 than the rate at which the employer pays wages to employees 9 of the opposite gender, gender identity or sexual 10 orientation for equal work on jobs the performance of which 11 requires equal skill, effort and responsibility and which 12 are performed under similar working conditions, except 13 where the payment is made pursuant to: 14 15 (iv) A differential based on any other factor 16 other than gender, gender identity or sexual orientation. 17 18 27-9-105. Discriminatory and unfair employment 19 practices enumerated; limitations. 20 21 (a) It is a discriminatory or unfair employment 22 practice: 23 2015 STATE OF WYOMING 15LSO-0337 9 SF0115 1 (i) For an employer to refuse to hire, to 2 discharge, to promote or demote, or to discriminate in 3 matters of compensation or the terms, conditions or 4 privileges of employment against, a qualified disabled 5 person or any person otherwise qualified, because of age, 6 sex, sexual orientation or gender identity, race, creed, 7 color, national origin, ancestry or pregnancy; 8 9 (ii) For a person, an employment agency, a labor 10 organization, or its employees or members, to discriminate 11 in matters of employment or membership against any person, 12 otherwise qualified, because of age, sex, sexual 13 orientation or gender identity, race, creed, color, 14 national origin, ancestry or pregnancy, or a qualified 15 disabled person; 16 17 35-1-620. Powers and duties of department and its 18 divisions. 19 20 (b) The department shall: 21 22 2015 STATE OF WYOMING 15LSO-0337 10 SF0115 (viii) Prescribe conditions of eligibility for 1 funding under this act so that no person shall be denied 2 services on the basis of race, creed, color, national 3 origin, sexual orientation or gender identity or inability 4 to pay. 5 6 35-4-131. Consent of minors to treatment; treatment 7 of infected or exposed persons; immunity from liability. 8 9 (b) For the protection of public health, a physician, 10 health officer or other person or facility providing health 11 care in accordance with state or federal law shall for any 12 individual regardless of age, sex, sexual orientation or 13 gender identity, race or color: 14 15 42-4-107. Uniform application throughout state; 16 discrimination prohibited; pilot projects authorized. 17 18 (b) The provision of medical assistance to any 19 applicant or qualified recipient shall not be denied or 20 delayed and the administration of this chapter shall not 21 otherwise discriminate against any applicant or recipient 22 on the basis of race, creed, color, national origin, sex, 23 2015 STATE OF WYOMING 15LSO-0337 11 SF0115 sexual orientation or gender identity, or mental or 1 physical handicap. 2 3 Section 3. This act is effective July 1, 2015. 4 5 (END) 6