Learn how you should adapt your policies to significant changes in Vermont employment law that went into effect on July 1st of this year and what to expect as these changes are implemented, used, and tested over the coming years. We’ll be joined by a formidable panel of some of Vermont’s best employment attorneys;
- Heather Ross – Litigation Partner, Sheehey Furlong & Behm P.C.
- Stephen Ellis – Director, Paul Frank + Collins, PC
- Ben Traverse – Associate General Counsel, Labor and Employment, The University of Vermont Health Network
More about the legislation:
S.103 the Vermont Legislature on June 20th became law as Act 80 on June 28th and went into effect three days later on July 1st, 2023. While the act is well-intentioned, it will inevitably make the job of managers and human resources departments complex as we are forced to adjust rapidly to a new standard that is more opaque and will need to be tested in the courts as the provisions;
- provide that harassment and discrimination need not be severe or pervasive to be unlawful;
- provide that, except when an employee is alleging pay discrimination or disparate impact discrimination, the employee is not required to identify another employee to whom the employee’s treatment can be compared for purposes of showing that unlawful discrimination occurred; and
- prohibit agreements to settle a claim of employment discrimination from including a provision that prevents the employee from working for the employer or an affiliate of the employer in the future.
Act 80 also prohibits pay discrimination on the basis of race, national origin, sexual orientation, gender identity, and disability. Finally, the Act amends the Fair Housing and Public Accommodations Act to:
- define and provide statutory direction on the interpretation of the term “harass” for purposes of public accommodations discrimination; and
- provide that harassment and discrimination need not be severe or pervasive to be unlawful.