Title 21, Title 21: Labor

§ 483. Use of earned sick time (a) An employee may use earned sick time accrued pursuant to section 482 of this subchapter for any of the following reasons: (1) The employee is ill or injured. (2) The employee obtains professional diagnostic, preventive, routine, or therapeutic h…

§ 484. Compliance with earned sick time requirement (a) An employer shall be in compliance with this subchapter if either of the following occurs: (1) The employer offers a paid time off policy or is a party to a collective bargaining agreement that provides the employee with pai…

§ 485. Severability of provisions If any provision of this subchapter or the application of such provision to any person or circumstances shall be held invalid, the remainder of the subchapter and the application of such provisions to persons or circumstances other than those as …

§ 486. New employer exemption (a) Notwithstanding any provision of this subchapter to the contrary, new employers shall not be subject to the provisions of this subchapter for a period of one year after the employer hires its first employee. (b) For purposes of enforcement under …

§ 487. Rules The Commissioner may adopt rules to implement the provisions of this subchapter. (Added 2015, No. 172 (Adj. Sess.), § E.400.1, eff. Jan. 1, 2017.)

§ 491. Absence on military service and training; employment and reemployment rights (a)(1) Any member of the Reserve Components of the U.S. Armed Forces, of the Ready Reserve, or of the Vermont National Guard or the National Guard of another state shall, when called to state or f…

§ 492. Rights and benefits (a) Any absence for military training or State active duty shall not affect the employee’s right to receive normal vacation, sick leave, bonus, advancement, and other advantages of employment normally to be anticipated in the employee’s particular posit…

§ 493. Enforcement (a) If any employer fails to comply with any of the provisions of this subchapter, the employee may bring an action in the Civil Division of the Superior Court seeking compensatory and punitive damages or equitable relief, including restraint of prohibited acts…

§ 494. Definitions As used in this subchapter: (1) “Employer” means any individual, organization, or governmental body, including a partnership, association, trustee, estate, corporation, joint stock company, insurance company, or legal representative, whether domestic or foreign…

§ 494a. Polygraph testing as condition of employment (a) Except as provided in section 494b of this title, an employer or an employment agency shall not as a condition of employment, promotion, or change in status of employment, or as an express or implied condition of a benefit …

§ 494b. Employers permitted to require polygraph examinations The following employers may require that an applicant for employment take or submit to a polygraph examination, or administer or cause to be administered a polygraph examination to an applicant for employment: (1) the …

§ 494c. Duties of examiner (a) An examiner administering a polygraph examination under this subchapter shall: (1) Prior to the examination, provide the examinee with a copy of this subchapter and a copy of all questions to be asked during the examination, which may be retained by…

§ 494d. Employee rights in related proceedings No employee shall be discharged, disciplined, or discriminated against in any manner for filing a complaint or testifying in any proceeding or action involving violations of the provisions of this subchapter. An employee discriminate…

§ 494e. Penalties Any individual violating any of the provisions of this subchapter shall be fined not less than $500.00 nor more than $1,000.00 or imprisoned not more than six months, or both, and the penalty shall not be suspended. (Added 1985, No. 89.)

§ 495. Unlawful employment practice (a) It shall be unlawful employment practice, except where a bona fide occupational qualification requires persons of a particular race, color, religion, national origin, sex, sexual orientation, gender identity, ancestry, place of birth, age, …

§ 495a. Persons entering into contracts with this State The State of Vermont and all of its contracting agencies shall include in all contracts negotiated a provision obligating the contractor to comply with this subchapter in connection with any work to be performed in this Stat…

§ 495b. Penalties and enforcement (a)(1) The Attorney General or a State’s Attorney may enforce the provisions of this subchapter by restraining prohibited acts, seeking civil penalties, obtaining assurances of discontinuance, and conducting civil investigations in accordance wit…

§ 495c. Application This subchapter shall not be construed as limiting the rights of employers to hire and fire and of labor organizations to determine the membership as long as such rights are not exercised in violation of this subchapter. (1963, No. 196, § 4.)

§ 495d. Definitions As used in this subchapter: (1) “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 fore…

§ 495e. Restitution The Superior Courts may order restitution of wages or other benefits on behalf of a class of employees similarly situated, and may order reinstatement and other appropriate relief on behalf of a class of employees. (Added 1975, No. 198 (Adj. Sess.), § 4, eff. …

§ 495f. Exemptions Notwithstanding any other provision of this subchapter, it is not unlawful discrimination on the basis of age or disability for any employer, employment agency or labor organization to observe the terms of a bona fide seniority system or any bona fide employee …

§ 495g. Provision applicable to college professors Nothing in this subchapter shall be construed to prohibit any institution of higher education as defined by section 1201(a) of the federal Higher Education Act of 1965 from retiring any employee who is serving under a contract of…

§ 495h. Sexual harassment (a)(1) All employers, employment agencies, and labor organizations have an obligation to ensure a workplace free of sexual harassment. (2) All persons who engage a person to perform work or services have an obligation to ensure a working relationship wit…

§ 495i. Employment based on credit information; prohibitions (a) As used in this section: (1) “Confidential financial information” means sensitive financial information of commercial value that a customer or client of the employer gives explicit authorization for the employer to …

§ 495j. Criminal history records; employment applications (a) Except as provided in subsection (b) of this section, an employer shall not request criminal history record information on its initial employee application form. An employer may inquire about a prospective employee’s c…

§ 495k. Accommodations for pregnancy-related conditions (a)(1) It shall be an unlawful employment practice for an employer to fail to provide a reasonable accommodation for an employee’s pregnancy-related condition, unless it would impose an undue hardship on the employer. (2) An…

§ 495l. Social media account privacy; prohibitions (a) As used in this section: (1) “Social media account” means an account with an electronic medium or service through which users create, share, and interact with content, including videos, still photographs, blogs, video blogs, …

§ 495m. Salary history; employment applications (a) An employer shall not: (1) inquire about or seek information regarding a prospective employee’s current or past compensation from either the prospective employee or a current or former employer of the prospective employee; (2) r…

§ 495n. Sexual harassment complaints; notice to Attorney General and Human Rights Commission (a) A person that files a claim of sexual harassment pursuant to section 495b of this subchapter in which neither the Attorney General nor the Human Rights Commission is a party shall pro…

§ 495o. Employer communications relating to religious or political matters; employee rights (a) An employer, or an employer’s agent, shall not discharge, discipline, penalize, or otherwise discriminate against, or threaten to discharge, discipline, penalize, or otherwise discrimi…

§ 495p. Disclosure of compensation to prospective employees (a)(1) An employer shall ensure that any advertisement of a Vermont job opening shall include the compensation or range of compensation for the job opening. (2) Notwithstanding subdivision (1) of this subsection: (A) An …

§ 496. Legislative leave (a) Any employee who, in order to serve as a member of the General Assembly, must leave a full-time position in the employ of any employer, shall be entitled to a temporary or partial leave of absence for the purpose of allowing the employee to perform an…

§ 496a. State funds; union organizing An employer that is the recipient of a grant of State funds in a single grant of more than $1,000.00 shall certify to the State that none of the funds will be used to interfere with or restrain the exercise of an employee’s rights with respec…

§ 497. Purpose The purpose of this subchapter is to carry on a continuing program to promote the employment of people with disabilities in Vermont by creating statewide interest in the rehabilitation and employment of people with disabilities and by obtaining and maintaining coop…

§ 497a. Committee established There is hereby established a permanent committee to be known as the Vermont Governor’s Committee on Employment of People with Disabilities, to consist of 23 members, including one representative each from the Vermont Department of Labor’s Workforce …

§ 497b. Duties (a) The Committee shall coordinate a program to promote the employment of people with disabilities by creating statewide interest in the rehabilitation and employment of people with disabilities and by obtaining and maintaining cooperation from all public and priva…

§ 497c. Disability Awareness Month The month of October is designated as “Disability Awareness Month.” (Added 1963, No. 200, § 4, eff. June 29, 1963; amended 1991, No. 168 (Adj. Sess.), § 5.)

§ 497d. Powers The Vermont Governor’s Committee on Employment of People with Disabilities is authorized to receive any gifts, grants, or donations made for any of the purposes of its program. (1963, No. 200, § 6, eff. June 29, 1963; amended 1991, No. 168 (Adj. Sess.), § 6.)

§ 497e. Funds; revenue; use (a) The Chair of the Governor’s Committee on Employment of People with Disabilities or the Chair’s designated representative may authorize or sponsor fund-raising events and the revenue from the events shall be placed in the account of the Governor’s C…

§ 499. Jurors and witnesses (a)(1) An employer shall not discharge an employee because of the employee’s service as a juror, or penalize the employee or deprive the employee of any right, privilege, or benefit in a manner that discriminates between the employee and other employee…

§ 501. Definitions As used in this subchapter: (1) “Person who is blind or visually impaired” means a person whose visual acuity with correction is no better than 20/60, or whose field of vision subtends an angle of no greater than 20 degrees. (2) “Division” means the Division fo…

§ 502. Duties The Division shall have the authority to: (1) establish vending facilities on State property; (2) coordinate with the Commissioner of Buildings and General Services or the designee of the Commissioner for the establishment of vending facilities; (3) issue licenses t…

§ 503. Vending machines If it is determined by the Department of Disabilities, Aging, and Independent Living and the Department of Buildings and General Services that a vending facility is not economically feasible in a particular location, vending machines may be placed in that …

§ 504. Income from vending facilities and machines (a) All net income from a vending facility on State property shall accrue to the person who is blind or visually impaired and licensed to operate that facility. (b) All net income from vending machines not placed within vending f…

§ 505. Vending facilities; operation by other than a person who is blind or visually impaired Where vending facilities on State property are operated by those other than persons who are blind or visually impaired on July 1, 1984, the contracts of these vending facilities may be r…

§ 506. Exemptions The following are exempt from the provisions of this subchapter: (1) food services or vending machines provided by hospitals or residential institutions as a direct service to patients, inmates, students, or otherwise institutionalized persons; and (2) State pro…