Sexual Orientation Discrimination Law Summaries

Sexual Orientation Discrimination Law Summaries

Vermont, Sexual Orientation Discrimination Law Summaries

Discrimination in employment on the basis of sexual orientation is prohibited by Vermont's fair employment practices law (Vermont Statutes Annotated, Title 21, Chapter 5, Subchapter 6-see ¶47-2500 ), and by provisions of Vermont's state employment labor relations law (Vermont Statutes Annotated, Title 3, Part 1, Chapter 27), which are summarized below.

Local jurisdictions may also prohibit such discrimination.

Same-sex marriage.- On April 7, 2009, Vermont became the fourth state in the nation to legalize same-sex marriage, overriding a veto from Governor Jim Douglas (R) to make Vermont the first state to legalize same-sex marriage by statute (S. 115). The law, which will take effect September 1, 2009, can be found at http://www.leg.state.vt.us/docs/2010/bills/Passed/S-115.pdf.

DEFINITIONS

“Employer” means the state of Vermont, excluding the legislative and judicial branches, represented by the governor or the governor's duly authorized representative(s), and Vermont state colleges, represented by the chancellor or the chancellor's duly authorized representative(s) and the University of Vermont, represented by the president or the president's duly authorized representative(s) (Sec. 902).

See ¶47-2500 for definitions that may apply under the state's fair employment practices law.

“Employee” means any individual employed on a permanent or limited status basis by the state of Vermont, or Vermont state colleges, including permanent part-time employees, and an individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice (Sec. 902).

“Employee” does not include (Sec. 902):

1. the state legislature and its employees and other offices elected by popular vote or by vote of the legislature and persons appointed to fill vacancies in elective offices;

2. members of boards and commissions and heads of departments or agencies appointed by the governor, or with the governor's approval;

3. one principal or executive assistant, one deputy to the head of a department or agency, one private secretary, and one executive director for each board or commission or head of a department or agency elected or appointed by the governor or legislature or legislative council;

4. employees in the office of the governor;

5. judges, referees, receivers, jurors and notaries public, and all other officers and employees of a court;

6. presidents and heads of all state teachers colleges and employees of such colleges;

7. patients or inmates employed in state institutions;

8. persons employed in a professional or scientific capacity to make or conduct a temporary and special inquiry, investigation or examination on behalf of the legislature or a committee of the legislature, or by authority of the governor;

9. positions for which the salary or compensation is fixed by statute;

10. a person or persons engaged under retainer, contract or special agreement, when certified to the governor by the attorney general that such engagement is not contrary to the spirit and intent of the classification plan and merit system principles and standards;

11. persons employed in a temporary capacity;

12. assistant attorneys general and special assistant attorneys general;

13. certain town service officers;

14. attorneys employed as legal advisors or special counsel outside the office of the attorney general, including special counsel for the public service board;

15. the clerk and reporter employed by the Occupational Safety and Health Review Board;

16. employees of firms engaged by the State Buildings Department to perform custodial and maintenance services;

17. those employed in the office of the lieutenant governor;

18. those employed as the legal assistant to the attorney general;

19. those employed as a department or agency head or deputy officer not included in (1) through (16) above, head of an institution or as a division director in the Department of Administration, and similar positions in Vermont state colleges or the University of Vermont;

20. those employed by any other person who is not an employer;

21. those employed as managerial employees;

22. those employed in the classified service as private secretaries;

23. those employed in the Department of Personnel;

24. those employed in the Department of Finance and Management as a budget and management analyst, a revenue research analyst, director of budget and management operations, director of program formulation and evaluation, and director of state information systems;

25. those determined after hearing by the board, upon petition of any individual desiring exclusion, of the employer, or of a collective bargaining unit, to be in a position that is so inconsistent with the spirit and intent of the state employment labor relations law as to warrant exclusion; and

26. those employed as confidential employees.

See ¶47-2500 for definitions that may apply under the state's fair employment practices law.

COVERAGE

Vermont's state employment labor relations law covers public employment only.

See ¶47-2500 for details on coverage of the state's fair employment practices law.

WHAT THE EMPLOYER MUST DO

It is an unfair labor practice for a public employer to discriminate against an employee on account of sexual orientation or gender identity (Sec. 961, as amended by S. 51, L. 2007, effective July 1, 2007).

Retaliation.- It is also an unfair labor practice for an employer to discharge or otherwise discriminate against an employee because the employee has filed charges or complaints or given testimony under the state employees labor relations law (Sec. 961, as amended by S. 51, L. 2007, effective July 1, 2007).

See ¶47-2500 for (private and public) employer requirements under the state's fair employment practices law.

ENFORCEMENT

Persons who are applicants for state employment in the classified service and classified employees in their initial probationary period and any extension or extensions of such period may appeal to the State Labor Relations Board if they believe themselves discriminated against on account of their sexual orientation or gender identity (Sec. 1001, as amended by S. 51, L. 2007, effective July 1, 2007).

Whenever a charge is made that any person has engaged in or is engaging in any unfair labor practice, the board may issue and cause to be served upon that person a complaint stating the charges in that respect and containing a notice of hearing before the board at least seven days after the complaint is served. No complaint may issue based on any unfair labor practice occurring more than six months prior to the filing of the charge with the board and the service of a copy of the charge upon the person against whom such charge is made, unless the aggrieved person was prevented from filing the charge by reason of service in the armed forces, in which event the six-month period will be computed from the day of discharge (Sec. 965).

The person complained of has the right to file an answer to the complaint and appear and present evidence at the time and place fixed in the complaint. In the discretion of the board, any other person may be permitted to intervene and present evidence in the matter. Proceedings must, so far as practicable, be conducted in accordance with rules of evidence used in the courts (Sec. 965).

If the board finds that any person named in the complaint has engaged in or is engaging in an unfair labor practice, it will state its finding of fact in writing and issue and cause to be served on that person an order requiring the person to cease and desist from the unfair labor practice, and to take such affirmative action as will carry out the policies of the state employment labor relations law. If the board does not find that the person named in the complaint has engaged in or is engaging in any unfair labor practice, it will state its findings of fact in writing and dismiss the complaint (Sec. 965).

See ¶47-2500 for enforcement procedures that may apply under the state's fair employment practices law.

WHO TO CONTACT

Contact the State Labor Relations Board at 133 State Street, Montpelier, VT 05633-6101. Telephone: (802) 828-2700. See ¶47-2500 for agency contact information relating to the state's fair employment practices law.

PENALTIES

See ¶47-2500 for penalties that may apply under the state's fair employment practices law.