Smoking in the Workplace Law Summaries

Smoking in the Workplace Law Summaries

Wyoming, Smoking in the Workplace Law Summaries

Wyoming's smoking in the workplace law is located in the Wyoming Statutes Annotated at Title 27, Ch. 9.

DEFINITIONS

“Employer” means the state of Wyoming or any of its political subdivisions, and every other person employing two or more employees within Wyoming (Sec. 27-9-102, as amended by H. 239, L. 2001, effective July 1, 2001).

The term does not include religious organizations or associations (Sec. 27-9-102, as amended by H. 239, L. 2001, effective July 1, 2001).

COVERAGE

Employers covered under Wyoming's smoking in the workplace law include the state and any of its political subdivisions and persons employing two or more employees within Wyoming (Sec. 27-9-102, as amended by H. 239, L. 2001, effective July 1, 2001).

Not covered are religious organizations or associations (Sec. 27-9-102, as amended by H. 239, L. 2001, effective July 1, 2001).

EXCEPTIONS

Bona fide occupational qualifications.- Bona fide occupational qualifications permit discriminatory behavior (Sec. 27-9-105, as amended by H. 239, L. 2001, effective July 1, 2001).

WHAT THE EMPLOYER MUST DO

Employers may not discriminate against an individual with respect to compensation, terms, conditions or privileges of employment because of the individual's use or nonuse of tobacco products during non-working hours (Sec. 27-91-05).

Condition of employment.- Employers may not require as a condition of employment that an individual use or refrain from using tobacco products during non-working hours (Sec. 27-9-105, as amended by H. 239, L. 2001, effective July 1, 2001).

Benefit distinctions.- Employers may offer, impose, or have in effect a health, disability or life insurance policy that makes price or coverage distinctions between employees based upon the use or nonuse of tobacco products, provided that the differential rates charged reflect the employer's differential cost and employees are notified of these rates used by the insurance carriers (Sec. 27-9-105, as amended by H. 239, L. 2001, effective July 1, 2001).

NOTICE

Employers must notify employees of differential premium rates charged by insurance carriers for health, disability or life insurance coverage based on the use or nonuse of tobacco products by employees.

ENFORCEMENT

Charge.- A person aggrieved by a smoking discrimination violation may file a charge with the Department of Employment within 90 days (six months, effective July 1, 2005) of the date of occurrence, or the department itself may issue a charge (Sec. 27-9-106, as amended by Act 40 (S. 68), L. 2005, effective July 1, 2005).

WHO TO CONTACT

Contact the Department of Employment, 122 West 25th St., Cheyenne, WY 82002. Telephone: (307) 777-7672.