Vermont § 495 - Unlawful employment practice

§ 495. Unlawful employment practice

• (a) It shall be unlawful employment practice, except where a bona fide occupational qualification
  requires persons of a particular race, color, religion, national origin, sex, sexual
  orientation, gender identity, ancestry, place of birth, age, crime victim status,
  or physical or mental condition: (1) For any employer, employment agency, or labor organization to harass or discriminate
  against any individual because of race, color, religion, ancestry, national origin,
  sex, sexual orientation, gender identity, place of birth, crime victim status, or
  age or against a qualified individual with a disability. (2) For any person seeking employees or for any employment agency or labor organization
  to cause to be printed, published, or circulated any notice or advertisement relating
  to employment or membership indicating any preference, limitation, specification,
  or discrimination based upon race, color, religion, ancestry, national origin, sex,
  sexual orientation, gender identity, place of birth, crime victim status, age, or
  disability. (3) For any employment agency to fail or refuse to classify properly or refer for employment
  or to otherwise harass or discriminate against any individual because of race, color,
  religion, ancestry, national origin, sex, sexual orientation, gender identity, place
  of birth, crime victim status, or age or against a qualified individual with a disability. (4) For any labor organization to limit, segregate, or qualify its membership with respect
  to any individual because of race, color, religion, ancestry, national origin, sex,
  sexual orientation, gender identity, place of birth, crime victim status, or age or
  against a qualified individual with a disability. (5) For any employer, employment agency, labor organization, or person seeking employees
  to discriminate against, indicate a preference or limitation, refuse properly to classify
  or refer, or to limit or segregate membership on the basis of a person’s having a
  positive test result from an HIV-related blood test. (6) For any employer, employment agency, labor organization, or person seeking employees
  to request or require an applicant, prospective employee, employee, prospective member,
  or member to have an HIV-related blood test as a condition of employment or membership,
  classification, placement, or referral. (7) For any employer, employment agency, labor organization, or person seeking employees
  to discriminate between employees on the basis of sex, race, national origin, sexual
  orientation, or gender identity or against a qualified individual with a disability
  by paying wages to employees of one sex, race, national origin, sexual orientation,
  or gender identity or an employee who is a qualified individual with a disability
  at a rate less than the rate paid to employees of the other sex or a different race,
  national origin, sexual orientation, or gender identity or without the physical or
  mental condition of the qualified individual with a disability for equal work that
  requires equal skill, effort, and responsibility and is performed under similar working
  conditions. An employer who is paying wages in violation of this section shall not
  reduce the wage rate of any other employee in order to comply with this subsection. (A) An employer may pay different wage rates under this subsection when the differential
  wages are made pursuant to: (i) A seniority system. (ii) A merit system. (iii) A system in which earnings are based on quantity or quality of production. (iv) A bona fide factor other than sex, race, national origin, sexual orientation, gender
  identity, or physical or mental condition. An employer asserting that differential
  wages are paid pursuant to this subdivision (7)(A)(iv) shall demonstrate that the
  factor does not perpetuate a differential in compensation based on sex, race, national
  origin, sexual orientation, gender identity, or physical or mental condition; is job-related
  with respect to the position in question; and is based upon a legitimate business
  consideration. (B)(i) No employer may do any of the following: (I) Require, as a condition of employment, that an employee refrain from disclosing the
  amount of his or her wages or from inquiring about or discussing the wages of other
  employees. (II) Require an employee to sign a waiver or other document that purports to deny the employee
  the right to disclose the amount of his or her wages or to inquire about or discuss
  the wages of other employees. (ii) Unless otherwise required by law, an employer may prohibit a human resources manager
  from disclosing the wages of other employees. (C) Nothing in this subdivision (a)(7) shall be construed to: (i) create any new rights for an employer to inquire about a characteristic of an employee
  that is otherwise unknown to the employer upon which pay discrimination is prohibited
  pursuant to the provisions of this subdivision (a)(7); or (ii) diminish an employee’s right to privacy under any other law, or pursuant to an applicable
  contract or collective bargaining agreement. (8) An employer, employment agency, or labor organization shall not discharge or in any
  other manner discriminate against any employee because the employee: (A) has opposed any act or practice that is prohibited under this chapter; (B) has lodged a complaint or has testified, assisted, or participated in any manner with
  the Attorney General, a State’s Attorney, the Department of Labor, or the Human Rights
  Commission in an investigation of prohibited acts or practices; (C) is known by the employer to be about to lodge a complaint, testify, assist, or participate
  in any manner in an investigation of prohibited acts or practices; (D) has disclosed his or her wages or has inquired about or discussed the wages of other
  employees; or (E) is believed by the employer to have acted as described in subdivisions (A) through
  (D) of this subdivision. (b) The provisions of this section shall not be construed to limit the rights of employers
  to discharge employees for good cause shown. (c) The provisions of this section prohibiting discrimination on the basis of age shall
  apply for the benefit of persons 18 years of age or older. (d)(1) An employee shall not have a cause of action in negligence for any injury occurring
  to the employee on the account of an employer complying with subdivisions (a)(5) and
  (6) of this section. (2) A person shall not have a cause of action in negligence for any injury occurring to
  the person on account of an employer complying with subdivisions (a)(5) and (6) of
  this section. (e) The provisions of this section prohibiting discrimination on the basis of sexual orientation
  and gender identity shall not be construed to prohibit or prevent any religious or
  denominational institution or organization, or any organization operated for charitable
  or educational purposes, that is operated, supervised, or controlled by or in connection
  with a religious organization, from giving preference to persons of the same religion
  or denomination or from taking any action with respect to matters of employment that
  is calculated by the organization to promote the religious principles for which it
  is established or maintained. (f) [Repealed.] (g) Notwithstanding any provision of this subchapter, an employer shall not be prohibited
  from establishing and enforcing reasonable workplace policies to address matters related
  to employees’ gender identity, including permitting an employer to establish a reasonable
  dress code for the workplace. (h) Nothing in this section shall require an employer to disclose the wages of an employee
  in response to an inquiry by another employee, unless the failure to do so would otherwise
  constitute unlawful employment discrimination. Unless otherwise required by law, nothing
  in this section shall require an employee to disclose his or her wages in response
  to an inquiry by another employee. (i) An agreement to settle a claim of a violation of subsection (a) of this section shall
  not prohibit, prevent, or otherwise restrict the employee from working for the employer
  or any parent company, subsidiary, division, or affiliate of the employer. Any provision
  of an agreement to settle a claim of a violation of subsection (a) of this section
  that violates this subsection shall be void and unenforceable with respect to the
  individual who made the claim. (j) Except for claims alleging a violation of subdivision (a)(7) of this section or disparate
  impact discrimination an employee shall not be required to demonstrate the existence
  of another employee or individual to whom the employee’s treatment can be compared
  to establish a violation of this section. (k) Notwithstanding any State or federal judicial precedent to the contrary: (1) harassment and discrimination need not be severe or pervasive to constitute a violation
  of this section; and (2) behavior that a reasonable employee with the same protected characteristic would consider
  to be a petty slight or trivial inconvenience shall not constitute unlawful harassment
  or discrimination pursuant to this section. (Added 1963, No. 196, § 1; amended 1971, No. 9, eff. Feb. 25, 1971; 1975, No. 198 (Adj. Sess.), § 1; 1981, No. 65, § 1; 1987, No. 176 (Adj. Sess.), §§ 1, 2; 1987, No. 176 (Adj. Sess.), §§ 1, 2; 1991, No. 135 (Adj. Sess.), § 15; 1999, No. 19, § 4; 1999, No. 103 (Adj. Sess.), § 1; 2001, No. 81 (Adj. Sess.), § 1, eff. April 25, 2002; 2005, No. 10, § 1; 2007, No. 41, § 18; 2013, No. 31, § 2; 2013, No. 35, § 2; 2013, No. 96 (Adj. Sess.), § 129; 2017, No. 113 (Adj. Sess.), § 145; 2017, No. 184 (Adj. Sess.), § 1; 2023, No. 6, § 249, eff. July 1, 2023; 2023, No. 80, § 1, eff. July 1, 2023.)