Wyoming Employment Screening Overview
Wyoming has no statewide ban-the-box law, salary history ban, or credit check restrictions for private employers, making it relatively employer-friendly for background screening. Employers must follow federal FCRA requirements and EEOC guidance on individualized assessments.
Employers should use DCI fingerprint searches for criminal background checks, maintain compliance with federal I-9 requirements, and follow appropriate drug testing procedures if participating in the workers' compensation discount program.
What's Permitted
- No statewide ban-the-box law restricting criminal history inquiry timing for private employers
- Salary history inquiries permitted at any stage of hiring process
- Credit checks allowed for employment without state-specific restrictions
- Drug testing permitted with workers' compensation premium discounts for approved programs
What's Prohibited
- Requiring credit checks without following federal FCRA procedures statewide
- Using convictions over 20 years old for occupational licensing decisions generally
- Failing to report new hires to Department of Workforce Services within 20 days
- Using arrest records that did not result in conviction as a basis for employment decisions (federal EEOC guidance)
Ban the Box Laws
NoStatus Summary
Wyoming has no statewide ban-the-box law. However, Cheyenne Ordinance 10-2023 restricts city public employers from asking about criminal history until after interviews. Federal Title VII applies; see EEOC guidance (https://www.eeoc.gov/laws/guidance/enforcement-gui... Sources: https://wyoleg.gov https://www.nelp.org/insights-research/ban-the-box...
Key Requirements
Fair Chance to Compete for Jobs Act
Federal rule for federal agencies and contractors: https://www.gsa.gov/about-us/find-apply-for-and-la...
- Delay criminal-history questions until qualified
- Applies to federal agencies and contractors
- Enforced by federal procurement rules
- Affects subcontractors on federal contracts
Fair Credit Reporting Act (FCRA)
Federal consumer-reporting rules for background checks: https://www.congress.gov/committee-report/116th-co...
- Written applicant consent required
- Pre-adverse and adverse notices required
- CRAs must ensure report accuracy
- Seven-year limit for non-convictions reporting
EEOC guidance on criminal records
Federal guidance on using criminal records in hiring: https://www.eeoc.gov/laws/guidance/enforcement-gui...
- Requires individualized assessment of convictions
- Considers offense nature, time, relevance
- Prohibits blanket conviction-based employment bans
- Applies regardless of state laws
Wyoming — Statewide status
State status and general rule for employers: https://wyoleg.gov/interimCommittee/2021/01-202106...
- No statewide ban-the-box law
- Employers may ask at any stage
- Federal rules still apply to employers
- Local ordinances may create exceptions
Cheyenne municipal rule
Local rule affecting Cheyenne public employers: https://library.municode.com/wy/cheyenne/codes/cod...
- Public employers delay inquiries until interviews
- Does not restrict Cheyenne private employers
- Requires application form adjustments
- Check municipal ordinance wording locally
Laramie resolution
Local advisory policy affecting city contractors: https://wyoleg.gov/interimCommittee/2021/01-202106...
- Encourages contractors to delay record checks
- Resolution is advisory, not binding
- Incentivizes fair-chance hiring for contracts
- Employers may voluntarily adopt practices
Wyoming occupational licensing statutes
Licensing rules often allow criminal inquiries: https://dfs.wyo.gov/providers/child-care-2/backgro... and https://wyoleg.gov/interimCommittee/2017/10-0427AP...
- Licensing boards can require background checks
- Generally twenty-year lookback applies
- Childcare has strict automatic exclusions
- Boards retain broad discretion to deny
Ban the Box Best Practices for Wyoming Employers
- Comply with FCRA requirements before conducting background checks.
- Perform individualized assessments per EEOC guidance on convictions.
- Delay criminal-history questions for federal contractors and Cheyenne public employers.
- Follow occupational-licensing criminal-history rules for regulated professions.
- Use DCI fingerprint searches and verify background vendor accuracy.
Salary History Ban
NoSF0131 (Wyoming proposed 2021)
A 2021 Wyoming bill that would have banned salary-history inquiries: https://www.wyoleg.gov/Legislation/2021/SF0131
- Would ban salary-history inquiries
- Defined salary history including benefits
- Allowed voluntary applicant disclosure
- Effective date July 1, 2021
- Failed committee April 7, 2021
Wyoming law — No statewide ban
State law permits employers to ask prior pay: https://dws.wyo.gov/dws-division/labor-standards/ https://wyoleg.gov/statutes/compress/title27.pdf
- No statewide ban exists
- Employers may request prior compensation
- Must follow federal anti-discrimination laws
- No local municipal bans identified
- Multistate employers apply stricter rules
H.R. 2219 — Salary History Question Prohibition Act (federal)
Proposed federal bill to prohibit salary-history practices: https://www.congress.gov/bill/119th-congress/house...
- Would prohibit employer salary-history practices
- Introduced March 18, 2025
- Referred to House committee; pending
- Not enacted as of November 2025
Salary History Best Practices for Wyoming Employers
- Prefer market-based pay over applicant salary history
- If collected, document salary history not sole compensation basis
- Comply with federal anti-discrimination and NLRA wage discussion protections
- Use most restrictive jurisdiction standard for multistate hiring
- Train hiring managers on pay equity and documentation practices
Consumer Credit Checks
NoWyoming has no state prohibition on employment credit checks; federal FCRA (consent, pre‑adverse/adverse notices, reporting limits) and EEOC disparate‑impact rules apply; employers must comply and monitor 2025 reforms. (FCRA; Wyoming statutes; 2025 legislation)
FCRA: https://files.consumerfinance.gov/f/201504_cfpb_su...
Wyoming statutes: https://wyoleg.gov/statutes/compress/title27.pdf
2025 legislation: https://www.wyoleg.gov/Legislation/2025
Key Requirements
Fair Credit Reporting Act (FCRA)
Federal rules governing employment credit checks: https://files.consumerfinance.gov/f/201504_cfpb_su...
- Written consent required before obtaining reports
- Pre‑adverse notice required before adverse action
- Post‑adverse notice with FCRA language required
- Most negative items excluded after seven years
- CRA accuracy and dispute obligations apply
Wyoming — No state‑specific credit‑check statute
Wyoming has no statute limiting employment credit checks: https://wyoleg.gov/statutes/compress/title27.pdf
- State imposes no credit‑check ban
- Employers governed by federal FCRA only
- Monitor possible future legislative changes
- Recent reforms show active legislature
Wyoming Fair Employment Practices Act
State anti‑discrimination law relevant to credit checks: https://wyoleg.gov/statutes/compress/title27.pdf
- Protects listed protected classes only
- Credit not explicitly listed as protected factor
- Disparate‑impact risk under federal law
- Document business necessity for credit checks
Wyoming security‑freeze statute (W.S. §40‑12‑505)
State security‑freeze rules and FCRA interaction: https://wyoleg.gov/statutes/compress/title40.pdf
- Consumers may place security freezes
- Freeze doesn't block FCRA‑authorized releases
- CRAs can temporarily lift freezes for employers
- Applicants may refuse consent; employers may reject
Wyoming physical‑exam statute (W.S. §27‑11‑113)
Physical exam rules for employment screenings: https://wyoleg.gov/statutes/compress/title27.pdf
- Employers may require physical examinations
- Employer must pay examination costs
- Religious objections accommodated with narrow exceptions
- Exam results distribution is limited
Wyoming new‑hire reporting (W.S. §27‑1‑113)
Employer new‑hire reporting obligations: https://wyoleg.gov/statutes/compress/title27.pdf
- Employers must report new hires timely
- Include SSN, start date, and address
- Electronic bi‑monthly transmissions permitted
Wyoming 2025 non‑compete reform (SF0107/SB107)
2025 non‑compete restrictions and relevance: https://www.wyoleg.gov/Legislation/2025
- Restricts most non‑compete agreements
- Exceptions for business sales and trade secrets
- Applies to employees and independent contractors
- Signals active legislative employment reform
Credit Check Best Practices for Wyoming Employers
- Comply with federal FCRA—Wyoming has no state restrictions
- Obtain clear written consent before requesting employment credit reports
- Provide pre-adverse and adverse action notices per FCRA requirements
- Document business justification and job-related necessity for credit checks
- Audit for disparate impact; apply credit criteria uniformly and periodically
Marijuana Protection
Medicinal Marijuana
Wyoming does not have a medical marijuana law; marijuana remains illegal. Employers generally may prohibit, test for, and discipline marijuana use. Voluntary drug-testing programs may qualify for a workers’ compensation discount under Wyo. Stat. § 27-14-201(o).
Recreational Marijuana
Recreational marijuana is illegal in Wyoming, and no state law provides employment protections for off-duty use or positive tests. Employers generally may maintain zero-tolerance policies, subject to federal law and nondiscrimination rules. See Wyo. Stat. § 27-14-201(o).
Drug Testing Regulations
Wyoming does not require private‑sector drug testing; employers may opt into a Workers' Compensation premium discount (Wyo. Stat. §27‑14‑201(o)) by meeting Wyoming Admin. Code Agency 053‑2 rules. Claimed state‑employee testing under Wyo. Stat. §§9‑13‑201 et seq. is unverified.
Permitted Testing Types
Pre-Employment
Allowed for private employers; voluntary discount program; no statewide mandate.
Random Testing
Allowed for private employers; discount programs require 20% minimum.
Reasonable Suspicion
Allowed for private employers; must follow approved policy and procedures.
Post Accident
Allowed for private employers; post-accident testing permitted under program rules.
Workers' Compensation Discount
Voluntary program grants up to 10% workers' compensation premium discount for approved drug‑free workplace programs.
Eligibility requires approved written policy, 49 CFR Part 40 testing protocols, training, certificates of good standing, and audits.
Best Practices
- Enroll in Workers' Comp program to qualify for 10% discount
- Adopt written policy meeting Wyoming Admin. Code 053-2 requirements
- Use SAMHSA-certified laboratories and 49 CFR Part 40 protocols
- Apply testing nondiscriminatorily; preserve at‑will employment protections
- Provide notice, confidentiality, training, and employee assistance resources
Clean Slate Laws
NoWyoming: no state ban‑the‑box. Expungement is petition‑based—non‑conviction 180 days; misdemeanor 5/1 years ($100); felony 10 years ($300; prosecutor 90‑day objection). Licensing §33‑1‑304: 20‑year lookback; direct‑relationship test. https://wyoleg.gov/statutes/compress/title07.pdf https://wyoleg.gov/statutes/compress/title33.pdf
E-Verify Requirements
VoluntaryWho Must Use E-Verify
Private Employers [W.S. 27‑1‑115; 8 U.S.C. §1324a]
No Wyoming state E‑Verify mandate for private employers; federal I‑9 obligations and Wyoming new‑hire reporting (W.S. 27‑1‑115) still apply. https://wyoleg.gov/statutes/compress/title27.pdf https://dws.wyo.gov/dws-division/labor-standards/f...
Federal Contractors [Federal contractor E‑Verify rule; DHS designation; FAR (Sept. 8, 2009)]
Federal contractors covered by federal acquisition rules must use E‑Verify per the DHS designation and contractor rule (effective Sept. 8, 2009). https://www.congress.gov/crs_external_products/R/P...
Any other relevant groups [Public employers; state contracts/benefits; SF0124 (2025) — failed]
Public employers or entities receiving state funds may have E‑Verify obligations when contractually required; SF0124 (2025) proposed broader mandates but failed to pass. https://wyoleg.gov/Legislation/2025/SF0124 https://wyoleg.gov/2025/Digest/SF0124.pdf
Background Check Regulations
Federal FCRA/EEOC rules govern employment background checks in Wyoming, and state law plus agency rules add requirements for state record access and specific sectors (e.g., licensing, childcare, law enforcement), including procedures, fingerprinting, or disqualification criteria.
FCRA Compliance Process
Disclosure & Authorization
Provide clear, standalone written disclosure that a background check will be conducted. Obtain separate written authorization from the applicant before ordering the report.
Obtain Background Report
Order the background check from a Consumer Reporting Agency (CRA). Ensure the CRA is FCRA-compliant and provides accurate, up-to-date information.
Pre-Adverse Action Notice
If considering denying employment based on the report, provide the applicant with:
- Copy of the background report
- Copy of "A Summary of Your Rights Under the FCRA"
- Reasonable time to respond (typically 5 business days)
Adverse Action Notice
If final decision is made to deny employment, provide written notice including:
- Name, address, and phone number of the CRA
- Statement that the CRA did not make the decision
- Notice of right to dispute report accuracy
- Notice of right to request additional free copy within 60 days