['Discrimination']
['Discrimination']
07/17/2024
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Summary of differences between federal and state regulations
Beyond the federally protected classes (which include race, color, sex, age, national origin, religion, pregnancy, genetic information, disability, and veteran status), Vermont regulates discrimination on the basis of sexual orientation, gender identity, and positive tests for HIV.
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.
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.
Unlawful employment practices
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.
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.
State
Contact
Regulations
Vermont Statutes Title 21, Chapter 5. Fair Employment Practices
Rules of the Vermont Human Rights Commission
http://hrc.vermont.gov/
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
See applicable discrimination topic.
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