053-7 Wyo. Code R. § 7-8

Current through April 27, 2019

Section 7-8 - Filing of Complaint for Discrimination

(a) Who may file. A complaint of discrimination may be filed by the employee himself, or by a representative authorized to do so on his behalf.

(b) Nature of filing. The WOSH Form 007d is to be used for the purpose of documenting these complaints.

(c) Place of filing. Complaints must be filed with the Department.

(d) Time for filing.

• (i) An employee who believes that he has been discriminated against shall, within 30 days after such violation occurs, file a complaint with the Department.

• (ii) The 30-day period is to allow the Compliance Supervisor to deny complaints, which have become stale. Accordingly, complaints not filed within 30 days of an alleged violation will be presumed to be untimely.

(e) Exceptions to 30 day rule. Circumstances which would justify tolling of the 30-day period on equitable principles or because of strongly extenuating circumstances, e.g., where the employer has concealed, or misled the employee regarding the grounds for discharge or other adverse action; or where the discrimination is in the nature of a continuing violation. Pending grievance-arbitration proceedings or filing with another agency, do not justify tolling the 30-day period. In the absence of circumstances justifying a tolling of the 30-day period, untimely complaints will not be processed. The decision to toll the 30-day filing period shall be at the discretion of the Program Manager.

053-7 Wyo. Code R. § 7-8