Text of WY SF 153 (2017)

2017 STATE OF WYOMING 17LSO-0579 1 SF0153 SENATE FILE NO. SF0153 Employment nondiscrimination. Sponsored by: Senator(s) Rothfuss, Coe, Pappas, Perkins and Von Flatern and Representative(s) Barlow, Connolly, Furphy, Madden, Pelkey and Zwonitzer A BILL for AN ACT relating to labor and employment; prohibiting 1 discriminatory payment and employment practices based on 2 sexual orientation or gender identity; providing 3 exemptions; and providing for an effective date. 4 5 Be It Enacted by the Legislature of the State of Wyoming: 6 7 Section 1. W.S. 27-1-116 is created to read: 8 9 27-1-116. Definitions. 10 11 (a) As used in this title: 12 13 2017 STATE OF WYOMING 17LSO-0579 2 SF0153 (i) "Gender identity" means an individual's 1 actual or perceived gender, appearance, mannerisms or other 2 characteristics with or without regard to the individual's 3 sex at birth; 4 5 (ii) "Religious organization" means a religious 6 corporation, association, educational institution, society, 7 trust or any entity or association which is a wholly owned 8 or controlled subsidiary or agency of any religious 9 corporation, association, society, trust or corporation 10 sole; 11 12 (iii) "Sexual orientation" means an individual's 13 actual or perceived orientation as heterosexual, homosexual 14 or bisexual. 15 16 Section 2. W.S. 27-4-302(a)(intro) and (iv) and 17 27-9-105(a)(i), (ii) and by creating new subsections (e) 18 and (f) are amended to read: 19 20 27-4-302. Prohibition on paying employees less for 21 same work. 22 23 2017 STATE OF WYOMING 17LSO-0579 3 SF0153 (a) No employer shall discriminate, within the same 1 establishment in which the employees are employed, between 2 employees on the basis of gender, gender identity or sexual 3 orientation by paying wages to employees at a rate less 4 than the rate at which the employer pays wages to employees 5 of the opposite gender, gender identity or sexual 6 orientation for equal work on jobs the performance of which 7 requires equal skill, effort and responsibility and which 8 are performed under similar working conditions, except 9 where the payment is made pursuant to: 10 11 (iv) A differential based on any other factor 12 other than gender, gender identity or sexual orientation. 13 14 27-9-105. Discriminatory and unfair employment 15 practices enumerated; limitations. 16 17 (a) It is a discriminatory or unfair employment 18 practice: 19 20 (i) For an employer to refuse to hire, to 21 discharge, to promote or demote, or to discriminate in 22 matters of compensation or the terms, conditions or 23 2017 STATE OF WYOMING 17LSO-0579 4 SF0153 privileges of employment against, a qualified disabled 1 person or any person otherwise qualified, because of age, 2 sex, sexual orientation or gender identity, race, creed, 3 color, national origin, ancestry or pregnancy; 4 5 (ii) For a person, an employment agency, a labor 6 organization, or its employees or members, to discriminate 7 in matters of employment or membership against any person, 8 otherwise qualified, because of age, sex, sexual 9 orientation or gender identity, race, creed, color, 10 national origin, ancestry or pregnancy, or a qualified 11 disabled person; 12 13 (e) The following shall be exempt under this article 14 from employment practices relating to sexual orientation 15 and gender identity: 16 17 (i) A religious organization; or 18 19 (ii) An expressive association: 20 21 (A) Whose primary purpose and function are 22 grounded in religious teachings; 23 2017 STATE OF WYOMING 17LSO-0579 5 SF0153 1 (B) Which is not organized for private 2 profit; 3 4 (C) Whose employment activities would 5 otherwise be subject to this article; and 6 7 (D) Whose right of expressive association 8 under the first amendment of the United States constitution 9 would be significantly burdened by application of this 10 article or by any other provisions of law related to 11 discrimination in employment. 12 13 (f) Nothing in this article shall be interpreted to 14 require an employer subject to this article to give 15 preferential treatment to any employee or applicant because 16 of the employee's or applicant's sexual orientation or 17 gender identity on account of any imbalance in the total 18 number or percentage of employees of a specific sexual 19 orientation or gender identity employed by the employer or 20 otherwise admitted to membership or classified by any labor 21 organization or admitted to or employed in any 22 apprenticeship or other training program. 23 2017 STATE OF WYOMING 17LSO-0579 6 SF0153 1 Section 3. This act is effective July 1, 2017. 2 3 (END) 4