Latest on Wyoming Legislature’s employment proposals

The Wyoming Legislature began the 2023 General Session on January 10, 2023. At this early stage of the session, only two employment-related bills have been introduced.

Prohibiting mask, vaccine, and testing discrimination

House Bill (HB) 66—entitled “Prohibiting mask, vaccine and testing discrimination”—seeks to ban discrimination based on a person’s vaccination status, medical testing status, or use of a facial covering (i.e., mask). The bill isn’t limited to defining new categories of discrimination in the workplace but would prohibit imposing masking, testing, or vaccination requirements as a condition for accessing publicly available goods and services. Notably, the bill isn’t COVID-19-specific, instead extending to testing, masking, or vaccination for any communicable disease. It would also repeal the immunization requirements for children and childcare and school employees.

A violation of the proposed law would subject a person to prosecution for a misdemeanor punishable by a fine of no more than $5,000 or imprisonment not to exceed one year.

The language of the proposal leaves uncertainty about whether employment practices would be subject to the restrictions. They could have negative impacts, however, on employers’ efforts to comply with reasonable accommodation requirements for immunocompromised employees or customers and to address workplace safety concerns that may arise if another pandemic were to occur.