Summary 2009 WY 56

Summary of Decision issued April 21, 2009

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: Kolar v. R & P, Inc.

Citation: 2009 WY 56

Docket Number: S-08-0116

Appeal from the District Court of Teton County, the Honorable Nancy J. Guthrie, Judge.

Representing Appellant Kolar: Richard J. Mulligan of Mulligan Law Office and Heather Noble, Jackson, Wyoming.

Representing Appellee R & P, Inc.: Stefan J. Fodor of Fodor Law Office, PC, Jackson, Wyoming.

Facts/Discussion: Kolar was employed by R & P, Inc. from 1997 to 2004. Kolar experienced some health problems and surgeries during his employment. After that, he was fired from his job premised on his poor performance as an assistant manager. Kolar filed a claim with the Dep’t of Employment Fair Employment Program (DEFEP) alleging that his discharge was based on R & P’s perception that he was disabled. DEFEP’s attempt to conciliate Kolar’s claim failed and the case was referred to the EEOC. The EEOC issued a Notice of Right to Sue and informed Kolar that it was ending its processing of the claim. Kolar then filed the instant suit in Teton County and the district court declined to address the claim on the basis that Kolar had failed to exhaust his administrative remedies.
In Hoflund, the Court restated the law applicable to the instant case. If another remedy for violation of a social policy which resulted in the discharge of an employee exists, no separate court action will lie. In Allen, the Allens argued that even though their employment was “at will”, their discharge was in violation of public policy and therefore they could assert a tort claim for damages. The Court concluded that both the Wyoming Fair Employment Practices Act and Title VII of the Civil Rights Act of 1964 provided a remedy for discrimination on the basis of sex.
DEFEP has adopted rules and regulations in furtherance of its statutory authority. Section 4(h) provides that if a determination is made that the conciliation process has failed either party may request the complaint be referred to an independent hearing officer for a hearing. Kolar failed to avail himself of the fair hearing process.

Conclusion: The district court did not err in declining to address Kolar’s claim because he had not exhausted his administrative remedies.

Affirmed.

J. Hill delivered the decision.

Link: http://tinyurl.com/ceuvgm .

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