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Summary of differences between federal and state regulations
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 regarding sexual harassment are similar to those under the federal Guidelines on Discrimination Because of Sex.
All employers, employment agencies and labor organizations have an obligation to ensure a workplace free of sexual harassment. Every employer must:
- Adopt a policy against sexual harassment which includes:
- a statement that sexual harassment in the workplace is unlawful;
- a statement that it is unlawful to retaliate against an employee for filing a complaint of sexual harassment or for cooperating in an investigation of sexual harassment;
- a description and examples of sexual harassment;
- a statement of the range of consequences for employees who commit sexual harassment;
- if the employer has more than five employees, a description of the process for filing internal complaints about sexual harassment and the names, addresses, and telephone numbers of the person or persons to whom complaints should be made; and
- the complaint process of the appropriate state and federal employment discrimination enforcement agencies, and directions as to how to contact such agencies.
- Post in a prominent and accessible location in the workplace, a poster providing, at a minimum, the elements of the employer’s sexual harassment policy.
- Provide to all employees an individual written copy of the employer’s policy against sexual harassment.
Posting
As noted above, the state requires a poster on sexual harassment in the workplace.
State
Contact
Regulations
Vermont Statutes Title 21, Chapter 5, Subchapter 6. Fair Employment Practices
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
29 CFR Part 1604, Guidelines on Discrimination Because of Sex