Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 3 - FAIR EMPLOYMENT RULES › Section 3-4 - Procedures After Filing of Complaint

Current through July 13, 2024
(a) Notification of
				Respondent(s): Labor Standards shall notify the named respondent(s) in writing
				that a complaint has been filed. A copy of the complaint shall accompany the
				notification. The respondent(s) shall be given the opportunity to respond to
				the allegations contained in the complaint.
(b) Complainant's Reply: The complainant
				shall be given the opportunity to reply in writing to the respondent(s)
				response.
(c) Withdrawal of
				Complaint: The complainant may withdraw the complaint at any time.
(d) Fact-finding/Settlement Conference: Prior
				to the commencement of its investigation, Labor Standards shall hold a
				fact-finding/settlement conference if both parties agree to attend. The purpose
				of the conference is to gather facts, clarify the issues and explore the
				possibility of settlement. If a settlement is reached by the parties, signed
				settlement agreements shall be delivered to the parties by personal delivery or
				certified mail to the last known addresses of the parties. If a settlement is
				not rendered during the conference, Labor Standards shall pursue the
				investigation of the allegations contained in the complaint.
(e) Investigation: Labor Standards shall
				conduct an investigation of the allegations contained in the complaint to
				determine if probable cause exists to conclude that discrimination occurred or
				there exists a discriminatory or unfair employment practice. In making a
				determination, Labor Standards may give substantial weight to the current
				guidelines of the Equal Employment Opportunity Commission.
(f) No Probable Cause Determination: If Labor
				Standards determines that probable cause does not exist to conclude that
				discrimination occurred or that a discriminatory or unfair employment practice
				exists, Labor Standards shall dismiss the complaint. The complainant and the
				respondent shall be notified in writing by either personal delivery or
				certified mail of the dismissal. A copy of the determination shall accompany
				the Notice of Dismissal.
(g) Appeal
				of No Probable Cause Determination: The complainant may request a fair hearing
				on his or her complaint within twenty (20) days of the complainant's receipt of
				the Notice of Dismissal.
(h)
				Probable Cause Determination: If Labor Standards determines that probable cause
				does exist to conclude that discrimination occurred, Labor Standards shall
				endeavor to make whole the complainant through its conciliation process. If
				during the conciliation process a settlement is reached by the parties, a
				settlement agreement shall be drafted by Labor Standards and signed by the
				complainant, respondent and Labor Standards. A copy of the signed settlement
				agreement shall be delivered to the parties by personal delivery or certified
				mail to each party's last known address. If no settlement is reached within
				forty-five (45) days after both parties receive the probable cause
				determination, Labor Standards shall make a determination that the conciliation
				process has failed and, upon request of either party, refer the complaint to an
				independent hearing officer for a fair hearing.
(i) Disclosure: Labor Standards shall not
				disclose the filing of a complaint nor what transpires during the course of an
				investigation or the conciliation process, except as such disclosures are
				deemed essential to an investigation or are deemed necessary for evidence at a
				hearing.
(j) Access to Case Files:
(i) Investigative Records: Prior to a
				decision being issued by a hearing officer at a fair hearing, the contents of
				any files maintained by Labor Standards including, but not limited to, all
				documents, statements, notes, memoranda, correspondence, exhibits and reports
				or summaries prepared by Labor Standards employees shall be confidential and
				not subject to public disclosure. The parties to the complaint may inspect any
				such file or part thereof upon making proper arrangements with Labor Standards
				at any time after the issuance of the Notice of Hearing. After a decision has
				been issued by the hearing officer, the contents of the investigative records
				shall be available for public inspection subject to the Wyoming Public Records
				Act, W.S.
				16-4-201 through
				16-4-205, and upon written
				application to Labor Standards.
(ii) Settlement and Conciliation Conference
				Records: The contents of any files maintained by Labor Standards pertaining to
				settlement and/or conciliation efforts conducted including, but not limited to,
				any correspondence, notes, or reports furnished to or prepared by Labor
				Standards in connection with such settlement and/or conciliation efforts shall
				be confidential until the administrative process has been exhausted.
(iii) Fair Hearing Records: A fair hearing
				record includes but is not limited to the following: pleadings; briefs;
				memoranda, exhibits; orders; decisions; and the audiotapes of the hearing. Fair
				hearing records shall be made available for public inspection subject to the
				Wyoming Public Records Act (W.S. 16-4-201 through
				16-4-205 ) and upon written
				request to Labor Standards. Labor Standards shall provide to a requesting party
				copies of any requested document(s) from the fair hearing record at
				cost.