Vermont Fair Employment Practices Act — employer coverage threshold
Vermont's Fair Employment Practices Act (VFEPA), codified at 21 V.S.A. § 495, prohibits employment discrimination and applies to all employers with one or more employees working in Vermont. This coverage threshold is significantly broader than federal Title VII of the Civil Rights Act of 1964, which applies only to employers with 15 or more employees. "Employer" under VFEPA includes individuals, partnerships, labor organizations, government bodies, associations, corporations, and other businesses doing business in the state.
Protected classes under Vermont Fair Employment Practices Act
Vermont's Fair Employment Practices Act prohibits employment discrimination based on race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity, place of birth, crime victim status, age (18 or older), disability, and HIV status. This list is broader than federal Title VII, which does not protect sexual orientation, gender identity, place of birth, or crime victim status as separate categories. Vermont defines "qualified individual with a disability" as someone capable of performing the essential functions of the job with reasonable accommodation.
Source: 21 V.S.A. § 495
Retaliation protections under VFEPA — protected activities and scope
Vermont’s Fair Employment Practices Act (VFEPA) prohibits retaliation by employers against employees who engage in certain protected activities related to workplace discrimination. Under 21 V.S.A. § 495(a)(8), it is unlawful for an employer to "discharge or in any other manner discriminate against any employee because the employee" has:
- Filed a complaint alleging discrimination that is unlawful under VFEPA;
- Assisted or participated in an investigation, proceeding, or hearing initiated under VFEPA;
- Opposed practices forbidden by VFEPA.
The statute prohibits retaliation through any form of adverse employment action, using the broad language of “discharge or in any other manner discriminate.” While the law does not exhaustively list the specific types of retaliatory acts, this language is interpreted to cover a range of negative employment actions that could be taken in response to an employee engaging in the protected activities listed above.
Wage disclosure protection: VFEPA separately protects employees who disclose, discuss, or inquire about wages, as provided in § 495(a)(7); retaliation for these specific activities is also prohibited.
Source: 21 V.S.A. § 495(a)(8) Source: 21 V.S.A. § 495(a)(7)
VFEPA exemptions — religious-organization carve-out (21 V.S.A. § 495f)
Vermont’s Fair Employment Practices Act (VFEPA) includes a narrow exemption for religious organizations under 21 V.S.A. § 495f. This exemption permits a religious organization, association, or corporation to give employment preference on the basis of religion when the job duties are directly connected to carrying out the organization’s religious activities or beliefs.
Scope and limits:
- The exemption applies only to situations where hiring or employment limitations are genuinely based on religion and are essential to the role in the organization’s religious mission.
- This is not a blanket exemption. Secular roles or functions within a religious institution do not automatically qualify—the religious requirement must be central to the position.
- The language does not extend to other types of organizations or categories; as of 2024, § 495f’s only explicit exemption is for religious organizations in relation to religiously-based employment criteria.
Practical steps for employers:
- Confirm the employer is a religious organization as defined by Vermont law.
- Identify which positions require religious belief or practice as a fundamental duty.
- Ensure that any employment specification based on religion is actually tied to the carrying out of the religious mission, not just generally preferred.
No other exemptions are present in 21 V.S.A. § 495f as of this date.
Source: 21 V.S.A. § 495f
Sexual harassment policy requirements under Vermont law — content, posting, and distribution (21 V.S.A. § 495h)
Vermont law (21 V.S.A. § 495h) sets explicit workplace requirements for employers regarding sexual harassment policies.
1. Written Policy Elements: Every employer must adopt a written sexual harassment policy with the following required elements:
- A statement that sexual harassment is unlawful.
- The definition of sexual harassment as set forth in 21 V.S.A. § 495d(13).
- A statement that retaliation against those who complain about, or participate in investigations of, sexual harassment is unlawful.
- A description of the procedure for an employee to make a complaint internally to the employer.
- A statement that complaints may also be filed with the Vermont Attorney General’s Office, the Vermont Human Rights Commission, and the federal Equal Employment Opportunity Commission (EEOC), accompanied by the addresses and phone numbers of these agencies.
- A description of the process for making complaints to the relevant State and federal agencies.
- A statement that employees are protected against retaliation as provided by law.
2. Distribution Requirement: Employers are required to provide a copy of their written sexual harassment policy to all current employees and to each new employee upon hire.
3. Posting Requirement: Employers must display a poster about sexual harassment, provided by the Vermont Department of Labor or Human Rights Commission, in a prominent and accessible location in the workplace. The poster must be in English and in any other language commonly spoken by employees.
4. Encouraged Practices: The statute encourages employers to conduct education and training programs for employees and supervisors regarding the prevention of sexual harassment, but does not mandate such training.
Source: 21 V.S.A. § 495h
Vermont age discrimination threshold — protected class begins at 18
Under Vermont's Fair Employment Practices Act (VFEPA), age discrimination protections explicitly apply only to persons who are 18 years of age or older. The statutory language at 21 V.S.A. § 495(c) reads: "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." This means that state-level age discrimination law does not protect workers under 18 from differential treatment on the basis of age.
Practical implication: For Vermont employers, the minimum age at which an individual can claim protection from age-based discrimination under the VFEPA is 18. An employer who refuses to hire, terminates, or otherwise treats an employee differently due to age, where the individual is under 18, is not liable for age discrimination under this statute. This threshold is categorical and does not, as of this writing, include any exception or special rule for minors—even those who may otherwise be in the workforce.
Contrast with federal law: The federal Age Discrimination in Employment Act (ADEA) covers only employees who are 40 or older. Vermont's standard is broader in some respects (protecting all adults 18 and up), but—critically—Vermont is clear in setting a floor at 18 years of age for any state age-discrimination claim.
Practitioners should note that while other forms of discrimination (such as race, sex, or disability) have no age minimum under Vermont law, age discrimination specifically requires the worker to be at least 18 for VFEPA coverage.
Source: 21 V.S.A. § 495(c)