Workplace harassment is an issue that affects many employees across the United States, including Vermont. The state has established specific laws and protections designed to safeguard employees from hostile work environments, discrimination, and harassment. Both employers and employees should be aware of these rules in order to maintain a fair and respectful work environment. In this article, we will explore Vermont's laws on workplace harassment, discuss employee rights, and provide guidance on what to do if harassment occurs.

Vermont's Protections Against Workplace Harassment

Vermont has implemented robust legal protections for employees, drawing from both state and federal laws. The key pieces of legislation include:

• Vermont Fair Employment Practices Act (VFEPA): VFEPA is the cornerstone of workplace harassment laws in Vermont. This act prohibits discrimination based on marital status, disability, gender identity, age, HIV status, sexual orientation, sex, national origin, religion, color, and race. Under VFEPA, harassment that creates a hostile work environment or results in adverse employment decisions is not legal.
• Title VII of the Civil Rights Act of 1964: While a federal law, Title VII plays a significant role in Vermont workplaces. It prohibits discrimination and harassment based on race, color, religion, sex, and national origin. Employers employing fifteen or more workers are covered by Title VII, which provides a federal base to supplement state laws.
• Americans with Disabilities Act (ADA): This federal law bans harassment against employees with disabilities. Vermont integrates ADA standards into its workplace regulations to ensure comprehensive protection.

Types of Workplace Harassment

Workplace harassment can take many forms, and understanding these is critical for recognizing and addressing inappropriate behavior. Common types of harassment include:

• Sexual Harassment: This includes unwelcome sexual advances, demands for sexual favors, and other forms of verbal or physical harassment of a sexual nature. In Vermont, both quid pro quo harassment—where employment decisions depend on sexual favors—and harassment that creates a hostile work environment are prohibited by law.
• Racial Harassment: This involves discriminatory actions, jokes, or comments based on race or ethnicity. This conduct is not only unlawful but can also severely impact an individual's mental health and job performance.
• Harassment Based on Gender Identity or Sexual Orientation: Vermont's protections extend to harassment based on gender identity or sexual orientation, making it unlawful to discriminate against or harass LGBTQ+ individuals in the workplace.
• Disability-Based Harassment: Employees with disabilities are protected from harassment that targets their physical or mental condition, ensuring they can work in a safe and accommodating environment.

Employee Rights Under Vermont Law

Employees in Vermont have specific rights when it comes to workplace harassment. These rights are designed to empower employees to speak out against harassment without fear of retaliation. Key rights include:

• Right to a Harassment-Free Workplace: Employees are entitled to work in an environment free from harassment and discrimination. This includes the right to report harassment without fear of losing their job or other forms of retaliation.
• Right to Reasonable Accommodation: Employers are obligated to provide accommodations to employees with disabilities, as long as these adjustments do not impose an undue hardship on the business. Employees with disabilities have the right to such accommodations to help them perform their job duties.
• Right to Report Harassment: Employees have the right to report harassment to their employer or to a state or federal agency without facing retaliation.
• Right to Legal Action: If harassment is not adequately addressed by the employer, employees have the right to take legal action. This might include filing a lawsuit against the employer for damages related to the harassment.

Steps to Take if You Experience Workplace Harassment

Experiencing workplace harassment can be distressing, but there are several steps employees can take to protect themselves and seek justice. Here's what to do if you encounter harassment:

1. Document the Harassment: Keep detailed records of the harassment, including dates, times, locations, and any witnesses. Documentation is crucial for supporting your claims.
2. Report the Harassment: Follow your company's procedure for reporting harassment. If your company does not have a clear process, or if the harasser is your supervisor, consider reporting to HR or a higher-level manager.
3. File a Complaint with the Vermont Human Rights Commission: If the issue is not resolved internally, you can then file a complaint with the Vermont Human Rights Commission. This agency investigates claims of discrimination and harassment and can mediate between you and your employer.
4. Consult with an Attorney: If the harassment continues or you face retaliation, consulting with an attorney who specializes in employment law is advisable. A lawyer will help you explore your legal options and provide representation in court if needed.

The Importance of Employer Responsibility

Employers in Vermont have a legal obligation to maintain a workplace free from harassment. This responsibility includes:

• Implementing Clear Anti-Harassment Policies: Employers must have clear policies that define harassment, outline reporting procedures, and explain the consequences of engaging in harassment.
• Training Employees and Management: Regular training on harassment prevention is essential. Employers should educate both employees and management on recognizing harassment and the steps to take if it occurs.
• Promptly Addressing Complaints: Employers must take complaints of harassment seriously and investigate them promptly. Failure to do so can result in legal liability and damage to the company's reputation.

Conclusion

Vermont's laws on workplace harassment and employee rights were created to foster a safe and respectful work environment. Understanding these laws is crucial for both employees and employers. Employees should feel empowered to report harassment and know that they have legal protections in place. Employers should take proactive measures to prevent harassment and respond quickly when it occurs. By working together, we can create workplaces that are not only compliant with the law but also places where everyone can thrive.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Facing workplace discrimination can be an overwhelming and deeply isolating experience. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

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