Court boots University of Wyoming worker’s discrimination case over missed step

The worker fought it – filing a motion to strike, then a motion to reconsider. Both were denied. She appealed.

The Supreme Court worked through her claims one by one.

On fraud and intentional infliction of emotional distress, the court held the university was shielded by the Wyoming Governmental Claims Act. The university is a governmental entity created by the state constitution, and neither of those claims falls within the Act’s narrow exceptions to immunity. The same applied to her wrongful termination claim, to the extent she was seeking money damages.

The Act does not, however, block claims seeking injunctive relief – things like reinstatement or compelled workplace changes. But that path closed for a different reason.

Under Wyoming law, a wrongful termination claim based on public policy only survives where no other legal remedy already covers the conduct. Here, the Wyoming Fair Employment Practices Act covers exactly what the worker alleged – discrimination in pay, terms, and conditions of employment based on sex. Because that statute already provides a remedy, the common-law claim was unnecessary.