053-3 Wyo. Code R. § 3-3

Current through April 27, 2019
Section 3-3 - Complaints

(a) Who may file: Any person claiming to be aggrieved by a discriminatory or unfair employment practice; may personally or through his/her attorney file a verified complaint.

(b) Time limit on filing: A complaint must be filed with Labor Standards within six (6) months of the alleged discriminatory or unfair employment practice. If the last day of the sixth (6th) month falls on a Saturday, Sunday or state recognized holiday, the deadline for filing the complaint shall be extended to the next business day.

(c) Form of Complaint: The complaint shall be made on a Charge of Discrimination form provided by Labor Standards.

(d) Place to file: All complaints must be filed at any Labor Standards office.

(e) Manner of Filing: Complaints may be filed with Labor Standards by personal delivery, U.S. Mail, or facsimile. Where a complaint is filed by facsimile, complainant shall forward the original complaint to Labor Standards as soon as possible. A complaint shall be deemed filed when one or more of the following have occurred:

  • (i) In Person. When a complaint is submitted in person with a representative of Labor Standards, that submittal is deemed to occur the day the person physically delivers the document into the hands of the Labor Standards representative authorized to receive it.
  • (ii) By Mail. When a complaint is filed with Labor Standards by mail, that submittal is deemed to have been filed as of the postmark date on the envelope by which the document is mailed.
  • (iii) By Facsimile. When a complaint is filed with Labor Standards by fax, that document is deemed to have been filed as of the date the document is received. The fax must contain sufficient information to identify the party providing the information and the purpose for which it is intended. The party sending the fax assumes the risk of transmission errors or illegibility.

(f) Amendments: A complaint may be amended within thirty (30) calendar days of the filing of the complaint to cure only technical defects or omissions. After the statutorily mandated 6-month filing period has expired, a complaint may not be amended to introduce additional claims of discrimination or unfair employment practices.

053-3 Wyo. Code R. § 3-3

Amended, Eff. 11/21/2016.