Federal & State Regulations | Discrimination - Other - Vermont

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Summary of differences between federal and state regulations

The federally protected classes in employment discrimination include race, color, religion, national origin, age (40 and over), sex (including pregnancy, sexual orientation, and gender identity), disability, and genetic information.

Vermont fair employment practices identify the following protected classes for purposes of employment discrimination:

Race (including traits associated with race, such as hair type, texture, and styles),
Color,
Religion,
National origin,
Sex (including sexual harassment),
Sexual orientation,
Gender identity,
Ancestry,
Place of birth,
Age (18 years of age or older),
Crime victim status, and
Physical or mental impairment that limits one or more major life activities (but not alcohol or drug abuse).

A discrimination action can be brought against an employer of any size.

CROWN Act

The Vermont CROWN Act prohibits employment discrimination based on traits associated with race, including hair type, hair texture, hairstyles, and protective hairstyles.

Under the Act, “race” includes traits associated with or perceived to be associated with race, including hair type, hair texture, hairstyles, and "protective hairstyles".

The term “protective hairstyles” includes hairstyles such as individual braids, cornrows, locs, twists, Bantu knots, afros, afro puffs, and other formations, as well as wigs, headwraps, and other head coverings.

Employer defined

“Employer” means any individual, organization, or governmental body including any partnership, association, trustee, estate, corporation, joint stock company, insurance company, or legal representative, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or successor thereof, and any common carrier by mail, motor, water, air or express company doing business in or operating within the state, and any agent of such employer, which has one or more individuals performing services for it within the state.

Sexual orientation

The unlawful employment practices for sexual orientation are essentially the same as those for other protected class. The provisions prohibiting discrimination on the basis of sexual orientation do not:

Prohibit or prevent any religious or denominational institution or organization, or any organization operated for charitable or educational purposes, which 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 which is calculated by the organization to promote the religious principles for which it is established or maintained; or
Change the definition of family or dependent in an employee benefit plan.

Gender identity

The term “gender identity” means an individual’s actual or perceived gender identity, or gender-related characteristics intrinsically related to an individual’s gender or gender-identity, regardless of the individual’s assigned sex at birth.

Positive HIV test

It is unlawful 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; or
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.