2021 21LSO-0648
STATE OF WYOMING
SENATE FILE NO. SF0131
Workplace transparency act-2.
Sponsored by: Senator(s) Salazar and Representative(s)
Barlow, Connolly, Duncan, Provenza,
Rodriguez-Williams and Sweeney
A BILL
for
1 AN ACT relating to labor and employment; specifying
2 employer actions which constitute an unfair employment
3 practice; prohibiting an employer from barring an employee
4 from disclosing wage information; prohibiting an employer
5 from requiring an employee to waive wage disclosure rights;
6 prohibiting an employer from seeking or relying on salary
7 history information of a prospective employee as specified;
8 prohibiting an employer from discriminating against an
9 employee as specified; and providing for an effective date.
10
11 Be It Enacted by the Legislature of the State of Wyoming:
12
13 Section 1. W.S. 27-9-105(a) by creating a new
14 paragraph (v) and (d) is amended to read:
15
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1 27-9-105. Discriminatory and unfair employment
2 practices enumerated; limitations.
3
4 (a) It is a discriminatory or unfair employment
5 practice:
6
7 (v) For an employer who employs fifty (50) or
8 more full-time employees to:
9
10 (A) Prohibit an employee from disclosing
11 the employee's own wages, discussing the wages of others,
12 inquiring about another employee's wages or aiding or
13 encouraging any other employee to exercise the employee's
14 rights under this paragraph. Nothing in this subparagraph
15 shall be construed to create an obligation to disclose
16 wages;
17
18 (B) Require as a condition of employment
19 nondisclosure of the employee's own wages or require the
20 employee to sign a waiver or other document that denies the
21 employee the right to disclose the employee's own wage
22 information;
23
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1 (C) Discharge, discipline or in any manner
2 discriminate or retaliate against an employee by altering
3 the employee's terms, location or conditions of employment
4 for disclosing the employee's own wages, discussing the
5 wages of other employees, inquiring about another
6 employee's wages or aiding or encouraging any other
7 employee to exercise the employee's rights under this
8 paragraph;
9
10 (D) Seek, orally or in writing, personally
11 or through an agent, the salary history information of a
12 prospective employee;
13
14 (E) Rely on the salary history information
15 of a prospective employee as a factor in determining
16 whether to offer employment to the prospective employee or
17 what salary to offer the prospective employee;
18
19 (F) Nothing in this paragraph shall
20 prohibit a prospective employee from voluntarily and
21 without prompting disclosing salary history information to
22 an employer, in which case this paragraph shall not
23 prohibit the employer from considering or relying on that
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1 salary history information in determining whether to offer
2 employment to the prospective employee or what salary to
3 offer the prospective employee.
4
5 (d) As used in this section:
6
7 (i) "Qualified disabled person" means a disabled
8 person who is capable of performing a particular job, or
9 who would be capable of performing a particular job with
10 reasonable accommodation to his disability;.
11
12 (ii) "Salary history information" includes
13 compensation and benefits but shall not include information
14 disclosable to the public pursuant to federal or state law,
15 including the federal Freedom of Information Act, 5 U.S.C.
16 § 552, as amended, or W.S. 16‑4‑201 through 16‑4‑205.
17
18 Section 2. This act is effective July 1, 2021.
19
20 (END)
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Statutes affected:
Introduced: 27-9-105