053-3 Wyo. Code R. § 3-4

Current through April 27, 2019

Section 3-4 - Procedures After Filing of Complaint

(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.

053-3 Wyo. Code R. § 3-4

Amended, Eff. 11/21/2016.