Vermont laws make it unlawful to harass a person because of their status as a member of protected class. The protected classes are defined in the specific laws that prohibit harassment in employment, education and public accommodations. Click on the link below for further information on the law prohibiting harassment in each area.

Employment

Vermont’s Fair Employment Practices Act prohibits harassment of individuals because of their race, color, sex, age, national origin, religion, ancestry, place of birth, sexual orientation, gender identity, physical or mental condition and HIV status.

Education

Vermont education law prohibits harassment of students and school employees because of their actual or perceived, race, creed, color, national origin, marital status, sex, sexual orientation, gender identity, or disability.

Public Accommodation

Vermont’s Public Accommodation Act prohibits individuals from being harassed based on their protected status when they try to access public accommodation. "Place of public accommodation" means any school, restaurant, store, establishment or other facility at which services, facilities, goods, privileges, advantages, benefits or accommodations are offered to the general public.

HARASSMENT IN EMPLOYMENT

Vermont’s Fair Employment Practices Act prohibits harassment of individuals because of their race, color, sex, age, national origin, religion, ancestry, place of birth, sexual orientation, gender identity, physical or mental condition and HIV status. Please go to the Attorney General’s employment law section to learn more about discrimination prohibited in the workplace:

Sexual Harassment

Vermont has specific laws prohibiting sexual harassment in the workplace. All employers, employment agencies and labor organizations have an obligation to ensure a workplace free of sexual harassment and adopt a policy against sexual harassment that is provided to individual employees upon being hired.

The law: http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=21&Chapter=005&Section=00495h

Filing a complaint of harassment in the workplace

Click here to file a complaint:

• You do not need a lawyer
• Our services are FREE
• It is illegal for employers to retaliate against an employee for filing a complaint with the Civil Rights Unit

Need More Information:

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Civil Rights Unit Vermont Attorney General’s Office
109 State Street
Montpelier, Vermont 05609-1001
(888)745-9195 (Toll Free VT)
(802)828-3657
(802)828-3665(TTY)
(802)828-2154 (Fax)
www.atg.state.vt.us
Email: civilrights@atg.state.vt.us

EDUCATION LAWS PROHIBITING HARASSMENT

Vermont law 16 V.S.A. § 565 provides:
§ 565. Harassment and hazing prevention policies

(a) It is the policy of the state of Vermont that all Vermont educational institutions provide safe, orderly, civil and positive learning environments. Harassment, hazing and bullying have no place and will not be tolerated in Vermont schools. No Vermont student should feel threatened or be discriminated against while enrolled in a Vermont school.

The remainder of the law can be read at: http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=16&Chapter=009&Section=00565

Definition of Harassment
Under education law, harassment is defined in 16 V.S.A. § 11(26)(A) as follows:

(26)(A) "Harassment" means an incident or incidents of verbal, written, visual, or physical conduct based on or motivated by a student's or a student's family member's actual or perceived race, creed, color, national origin, marital status, sex, sexual orientation, or disability that has the purpose or effect of objectively and substantially undermining and detracting from or interfering with a student's educational performance or access to school resources or creating an objectively intimidating, hostile, or offensive environment.
(B) "Harassment" includes conduct which violates subdivision (A) of this subdivision (26) and constitutes one or more of the following:
(i) Sexual harassment, which means conduct that includes unwelcome sexual advances, requests for sexual favors and other verbal, written, visual, or physical conduct of a sexual nature when one or both of the following occur:
(I) Submission to that conduct is made either explicitly or implicitly a term or condition of a student's education.
(II) Submission to or rejection of such conduct by a student is used as a component of the basis for decisions affecting that student.
(ii) Racial harassment, which means conduct directed at the characteristics of a student's or a student's family member's actual or perceived race or color, and includes the use of epithets, stereotypes, racial slurs, comments, insults, derogatory remarks, gestures, threats, graffiti, display, or circulation of written or visual material, and taunts on manner of speech and negative references to racial customs.
(iii) Harassment of members of other protected categories, which means conduct directed at the characteristics of a student's or a student's family member's actual or perceived creed, national origin, marital status, sex, sexual orientation, or disability and includes the use of epithets, stereotypes, slurs, comments, insults, derogatory remarks, gestures, threats, graffiti, display, or circulation of written or visual material, taunts on manner of speech, and negative references to customs related to any of these protected categories.

For more information on your rights under education laws prohibiting harassment go to:
http://education.vermont.gov/new/html/pgm_safeschools.html

PUBLIC ACCOMMODATION LAW PROHIBITING HARASSMENT

Vermont’s Public Accommodation Act (VPAA) prohibits individuals from being harassed based on their protected status when they try to access public accommodation. "Place of public accommodation" means any school, restaurant, store, establishment or other facility at which services, facilities, goods, privileges, advantages, benefits or accommodations are offered to the general public.

The Vermont Human Rights Commission investigates violations of the Public Accommodations Act and provides enforcement and education regarding the VPAA. http://www.hrc.state.vt.us/

Vermont’s Public Accommodations Act:
http://www.leg.state.vt.us/statutes/sections.cfm?Title=09&Chapter=139

Prohibited Acts:
The Act contains a number of important provisions and you should consult the law in 9 V.S.A. § 4502 regarding the acts prohibited.
http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=09&Chapter=139&Section=04502

Definitions
Specific definitions for terms in the Act are in 9 V.S.A. § 4501:
http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=09&Chapter=139&Section=04501

For more information contact the Vermont Human Rights Commission at:

Vermont Human Rights Commission
14-16 Baldwin Street
Montpelier, VT 05633-6301 800-416-2010 (voice)
802-828-2480 (voice)
802-828-2481 (fax)
877-294-9200 (TTY)
http://www.hrc.state.vt.us/
Email: human.rights@state.vt.us