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2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 494c. Duties of examiner

§ 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 the examinee. This does not preclude follow-up questions as long as the examiner gives the examinee a copy of the questions.
(2) Inform the examinee as follows:
(A) the examinee has the right to accept or refuse the examination;
(B) the examinee has the right to halt an examination in progress at any time;
(C) the examinee is not required to answer any questions or give any information;
(D) any information the examinee volunteers could be used against the examinee, or made available to the employer, unless otherwise specified and agreed to in writing by the examinee; and
(E) provide the examinee with a copy of the examination results and all reports or analyses done by the examiner which are shared with the employer.
(b) During a polygraph examination, an examinee shall not be asked:
(1) any questions regarding the examinee’s political, religious, or labor union affiliations;
(2) questions regarding the examinee’s sexual practices, social habits, or his or her marital relationship, unless the questions clearly relate to job performance;
(3) questions which are unrelated to job performance. (Added 1985, No. 89.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 494d. Employee rights in related proceedings

§ 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 discriminated against in violation of the provisions of this section shall be compensated by his or her employer the amount of any loss of wages and benefits arising out of such discrimination and shall be restored to his or her previous position of employment. (Added 1985, No. 89.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 494e. Penalties

§ 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.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 495a. Persons entering into contracts with this State

§ 495a. Persons entering into contracts with this State
The State of Vermont and all of its contracting agencies shall include in all contracts hereafter negotiated a provision obligating the contractor to comply with this subchapter in connection with any work to be performed in this State and requiring the contractor to include a similar provision in all subcontracts for work to be performed in this State. (1963, No. 196, § 2.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 495b. Penalties and enforcement

§ 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 with the procedures established in 9 V.S.A. §§ 2458-2461 as though an unlawful employment practice were an unfair act in commerce. Any employer, employment agency, or labor organization complained against shall have the same rights and remedies as specified therein. The Superior Courts are authorized to impose the same civil penalties and investigation costs and to order other relief to the State of Vermont or an aggrieved employee for violations of this subchapter as they are authorized to impose or order under the provisions of 9 V.S.A. §§ 2458 and 2461 in an unfair act in commerce. In addition, the Superior Courts may order restitution of wages or other benefits on behalf of an employee and may order reinstatement and other appropriate relief on behalf of an employee.
(2) Any charge or formal complaint filed by the Attorney General or a State’s Attorney against a person for unlawful discrimination or sexual harassment in violation of the provisions of this chapter shall include a statement setting forth the prohibition against retaliation pursuant to subdivision 495(a)(8) of this title.
(b) Any person aggrieved by a violation of the provisions of this subchapter may bring an action in Superior Court seeking compensatory and punitive damages or equitable relief, including restraint of prohibited acts, restitution of wages or other benefits, reinstatement, costs, reasonable attorney’s fees, and other appropriate relief.
(c) Any employer who violates the provisions of subdivision 495(a)(7) of this title shall be liable to any affected employee in the amount of the underpaid wages and an equal amount as liquidated damages, in addition to any other remedies available under this section. (Added 1963, No. 196, § 3; amended 1975, No. 198 (Adj. Sess.), § 2; 1981, No. 65, § 2; 1999, No. 19, § 5; 2001, No. 81 (Adj. Sess.), § 2, eff. April 25, 2002; 2015, No. 97 (Adj. Sess.), § 55; 2017, No. 183 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 495e. Restitution

§ 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. July 1, 1977.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 495f. Exemptions

§ 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 benefit plan, such as a retirement, pension, or life or health insurance plan, any of which is not a subterfuge to evade the purposes of this subchapter. No employee benefit plan, however, excuses the failure to hire any individual. No seniority system or employee benefit plan shall require or permit the involuntary retirement of any individual because of age. Mandatory retirement on account of age, necessitated under a police or firefighter retirement system, is specifically authorized. (Added 1981, No. 65, § 4; amended 1999, No. 103 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 495g. Provision applicable to college professors

§ 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 unlimited tenure, who attains 65 years of age prior to July 1, 1982, or 70 years of age thereafter. Any employee whose tenure contract is terminated may, in the discretion of the institution, be allowed to continue in the employ of the institution on a nontenured basis. (Added 1981, No. 65, § 5; amended 2017, No. 74, § 38.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 495j. Criminal history records; employment applications

§ 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 criminal history record during an interview or once the prospective employee has been deemed otherwise qualified for the position.
(b)(1) An employer may inquire about criminal convictions on an initial employee application form if the following conditions are met:
(A)(i) the prospective employee is applying for a position for which any federal or State law or regulation creates a mandatory or presumptive disqualification based on a conviction for one or more types of criminal offenses; or
(ii) the employer or an affiliate of the employer is subject to an obligation imposed by any federal or State law or regulation not to employ an individual, in either one or more positions, who has been convicted of one or more types of criminal offenses; and
(B) the questions on the application form are limited to the types of criminal offenses creating the disqualification or obligation.
(2) An employer shall be permitted to inquire about criminal convictions on an initial employee application form pursuant to subdivision (1) of this subsection even if the federal or State law or regulation creating an obligation for the employer or its affiliate not to employ an individual who has been convicted of one or more types of criminal offenses also permits the employer or its affiliate to obtain a waiver that would allow the employer or its affiliate to employ such an individual.
(c) If an employer inquires about a prospective employee’s criminal history record information, the prospective employee, if still eligible for the position under applicable federal or State law, must be afforded an opportunity to explain the information and the circumstances regarding any convictions, including postconviction rehabilitation.
(d) An employer who violates the provisions of this section shall be assessed a civil penalty of up to $100.00 for each violation.
(e) As used in this section:
(1) “Criminal history record” has the same meaning as set forth in 20 V.S.A. § 2056a.
(2) “Employee” has the same meaning as set forth in section 495d of this chapter.
(3) “Employer” has the same meaning as set forth in section 495d of this chapter. (Added 2015, No. 81 (Adj. Sess.), § 1, eff. July 1, 2017.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 495k. Accommodations for pregnancy-related conditions

§ 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 employee with a pregnancy-related condition, regardless of whether the employee is an “individual with a disability” as defined in subdivision 495d(5) of this subchapter, shall have the same rights and be subject to the same standards with respect to the provision of a reasonable accommodation, pursuant to this subchapter, as a qualified individual with a disability as defined in subdivision 495d(6) of this subchapter.
(b) Nothing in this section shall be construed to diminish the rights, privileges, or remedies of an employee pursuant to federal or State law, a collective bargaining agreement, or an employment contract.
(c) An employer shall post notice of the provisions of this section in a form provided by the Commissioner in a place conspicuous to employees at the employer’s place of business.
(d) Nothing in this section shall be construed to indicate or deem that a pregnancy-related condition necessarily constitutes a disability. (Added 2017, No. 21, § 2, eff. Jan. 1, 2018.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 495m. Salary history; employment applications

§ 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) require that a prospective employee’s current or past compensation satisfy minimum or maximum criteria; or
(3) determine whether to interview a prospective employee based on the prospective employee’s current or past compensation.
(b) Notwithstanding subdivision (a)(1) of this section, if a prospective employee voluntarily discloses information about his or her current or past compensation, an employer may, after making an offer of employment with compensation to the prospective employee, seek to confirm or request that the prospective employee confirm that information.
(c) Nothing in this section shall be construed to prevent an employer from:
(1) inquiring about a prospective employee’s salary expectations or requirements; or
(2) providing information about the wages, benefits, compensation, or salary offered in relation to a position.
(d) As used in this section, “compensation” includes wages, salary, bonuses, benefits, fringe benefits, and equity-based compensation. (Added 2017, No. 126 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 495n. Sexual harassment complaints; notice to Attorney General and Human Rights Commission

§ 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 provide notice of the action to the Attorney General and the Human Rights Commission within 14 days after filing the complaint. The notice may be submitted electronically and shall include a copy of the filed complaint.
(b)(1) Upon receiving notice of a complaint in which the State is a party, the Human Rights Commission may elect to:
(A) intervene in the action to seek remedies pursuant to section 495b of this subchapter; or
(B) without becoming a party to the action, file a statement with the court addressing questions of law related to the provisions of this subchapter.
(2) Upon receiving notice of a complaint in which the State is not a party, the Attorney General may elect to:
(A) intervene in the action to seek remedies pursuant to section 495b of this subchapter; or
(B) without becoming a party to the action, file a statement with the court addressing questions of law related to the provisions of this subchapter. (Added 2017, No. 183 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 496a. State funds; union organizing

§ 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 respect to unionization and upon request shall provide records to the Secretary of Administration which attest to such certification. (Added 2011, No. 154 (Adj. Sess.), § 4; amended 2013, No. 1, § 94, eff. March 7, 2013.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 497. Purpose

§ 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 cooperation with all public and private groups and individuals in this field. (1963, No. 200, § 1, eff. June 29, 1963; amended 1991, No. 168 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 497a. Committee established

§ 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 Development Division and the Jobs for Veterans State Grant, one representative from the Department of Disabilities, Aging, and Independent Living, Vocational Rehabilitation Division and one from the Division for the Blind and Visually Impaired, one representative of the U.S. Department of Veterans Affairs, one representative of the State of Vermont Office of Veterans Affairs, and 17 members to be appointed by the Governor. The appointive members shall hold office for the term specified or until their successors are named by the Governor. The members shall receive no salary for their services as such, but the necessary expenses of the Committee shall be paid by the State. (Added 1963, No. 200, § 2, eff. June 29, 1963; amended 1991, No. 168 (Adj. Sess.), § 3; 2005, No. 174 (Adj. Sess.), § 51; 2015, No. 51, § C.5, eff. June 3, 2015.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 497b. Duties

§ 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 private groups in this field. The Committee shall work in cooperation with the President’s Committee on Employment of People with Disabilities in order to carry out more effectively the purposes of this subchapter.
(b) [Repealed.] (Added 1963, No. 200, § 3, eff. June 29, 1963; amended 1985, No. 179 (Adj. Sess.), § 2, eff. May 13, 1986; 1991, No. 168 (Adj. Sess.), § 4; 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 497c. Disability awareness month

§ 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.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 497d. Powers

§ 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.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 497e. Funds; revenue; use

§ 497e. Funds; revenue; use
(a) The Chair of the Governor’s Committee on Employment of People with Disabilities or his or her designated representative may authorize or sponsor fund-raising events and the revenue therefrom shall be placed in the account of the Governor’s Committee on Employment of People with Disabilities.
(b) The Chair or his or her designated representative may authorize the sale of products which relate to Vermonters with disabilities and the revenue therefrom shall be placed in the account of the Governor’s Committee on Employment of People with Disabilities.
(c) The funds credited to the Governor’s Committee on Employment of People with Disabilities shall remain in the special account from year to year and shall not be put back into the General Fund.
(d) The Governor’s Committee on Employment of People with Disabilities is also authorized to receive and keep in its account any gifts, grants, or donations.
(e) This account will be used in accordance with any of the purposes of the Governor’s Committee on Employment of People with Disabilities program or activities, as established in this subchapter. (Added 1975, No. 87; amended 1991, No. 168 (Adj. Sess.), § 7; 2013, No. 96 (Adj. Sess.), § 131.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 499. Jurors and witnesses

§ 499. Jurors and witnesses
(a) No employer may discharge an employee by reason of his or her service as a juror, or penalize such employee or deprive him or her of any right, privilege, or benefit on a basis which discriminates between such employee and other employees not serving as jurors. All employees shall be considered in the service of their employer during all times while serving as jurors in accordance with this section for purposes of determining seniority, fringe benefits, credit toward vacations, and other rights, privileges, and benefits of employment.
(b) No employer may discharge an employee by reason of the employee’s absence from work while in attendance as a witness pursuant to a summons duly issued and served in any proceeding, civil or criminal, in any court of competent jurisdiction within or without the State, or in any other proceeding before a board, commission, attorney, or other person or tribunal in the State authorized by law to hear testimony under oath; nor shall an employer penalize such employee or deprive him or her of any right, privilege, or benefit on a basis which discriminates between such employee and other employees not appearing as witnesses. All employees shall be considered in the service of their employer while appearing as witnesses in accordance with this section for purposes of determining seniority, fringe benefits, credit toward vacations, and other rights, privileges, and benefits of employment.
(c) A person who violates a provision of this section shall be fined not more than $200.00. (Added 1969, No. 228 (Adj. Sess.), § 5, eff. March 31, 1970.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 501. Definitions

§ 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 for the Blind and Visually Impaired.
(3) “State property” means any building or land owned, leased, or controlled by the Department of Buildings and General Services.
(4) “Vending facility” means a cafeteria, snack bar, cart service, concession stand, or other facility for the sale of newspapers, periodicals, confection, tobacco products, foods, beverages, and other articles or services which is operated by a person licensed under this subchapter.
(5) “Vending machine” means any coin or currency operated machine that sells food, tobacco, beverages, sundries, or other retail merchandise or service, but shall not include vending machines used in connection with the operation of rest room facilities. (Added 1983, No. 221 (Adj. Sess.), § 2; amended 1995, No. 148 (Adj. Sess.), § 4(c)(1); 2013, No. 96 (Adj. Sess.), § 132.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 502. Duties

§ 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 to persons who are blind or visually impaired for the operation of vending facilities on State property;
(4) provide vending facility equipment and an adequate initial stock of suitable articles to licensed persons who are blind or visually impaired;
(5) provide the necessary training and supervision to licensed persons who are blind or visually impaired;
(6) adopt rules to implement the provisions of this subchapter including criteria for the selection and operation of vending facilities and machines, distribution of income to vendors, and grievance procedures. (Added 1983, No. 221 (Adj. Sess.), § 2; amended 1995, No. 148 (Adj. Sess.), § 4(c)(1), eff. May 6, 1996; 2013, No. 96 (Adj. Sess.), § 133.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 503. Vending machines

§ 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 location. Contracts shall be awarded by the Department of Disabilities, Aging, and Independent Living in accordance with the procedures set forth in 29 V.S.A. § 161, notwithstanding the $50,000.00 limitation therein. (Added 1983, No. 221 (Adj. Sess.), § 2; amended 1995, No. 62, § 56, eff. April 26, 1995; 1995, No. 148 (Adj. Sess.), § 4(c)(1); 2005, No. 174 (Adj. Sess.), § 52.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 504. Income from vending facilities and machines

§ 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 facilities on State property shall accrue to the Division.
(c) Income which accrues to the Division under this subchapter shall be used to:
(1) maintain or enhance the vending facilities program;
(2) provide benefit programs, including health insurance or pension plans for licensed persons who are blind or visually impaired who operate vending facilities;
(3) provide vocational rehabilitation services for persons who are blind or visually impaired. (Added 1983, No. 221 (Adj. Sess.), § 2; amended 2005, No. 71, § 135; 2013, No. 96 (Adj. Sess.), § 134.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 505. Vending facilities; operation by other than a person who is blind or visually impaired

§ 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 renewed or extended. A person who does not intend to renew or extend such a contract shall so notify the Director of the Division in a timely manner. Within 30 days of such notice, the Director shall determine whether the vending facility is suited for operation by a person who is blind or visually impaired. If the Director determines that the facility is suited for operation by such person, preference in operation of the facility shall be given to a person who is blind or visually impaired. (Added 1983, No. 221 (Adj. Sess.), § 2; amended 2013, No. 96 (Adj. Sess.), § 135.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 506. Exemptions

§ 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 property not under the control of the Department of Buildings and General Services. (Added 1983, No. 221 (Adj. Sess.), § 2; amended 1995, No. 148 (Adj. Sess.), § 4(c)(1).)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 508. Enforcement

§ 508. Enforcement
(a) An employee aggrieved by a violation of this subdivision may:
(1) utilize any available internal process, grievance procedure, or similar process available to the employee to maintain or restore any loss of employment rights with the employer; or
(2) bring an action in the Superior Court of the county in which the violation is alleged to have occurred.
(b) The initiation or completion of an internal process, grievance procedure, or similar process under subdivision (a)(1) of this section shall not be a condition precedent to bringing an action in Superior Court under subdivision (a)(2) of this section.
(c) No later than July 1, 2005, all hospitals as defined in 18 V.S.A. § 1902(1) shall revise their internal processes referred to in subdivision (a)(1) to include and be consistent with ANCC Magnet Recognition Program standards that support the improvement of quality patient care and professional nursing practice.
(d) If the court finds that the employer has violated subsection 507(b) of this title, the court shall order, as appropriate:
(1) reinstatement of the employee, including employment benefits, seniority, and same or equivalent position, shift schedule, or hours worked as the employee had before the retaliatory action;
(2) payment of back pay, lost wages, benefits, and other remuneration;
(3) any appropriate injunctive relief;
(4) compensatory damages;
(5) punitive damages;
(6) attorney’s fees; or
(7) any other appropriate relief. (Added 2003, No. 134 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 509. Notice

§ 509. Notice
(a) No later than December 1, 2004, the Commissioner of Labor shall develop and distribute to each employer a standard notice as provided in this section. Each notice shall be in clear and understandable language and shall include:
(1) a summary of this subchapter;
(2) that an employee, in order to receive the protections of this subchapter, must report, pursuant to subsection 507(c) of this title, to the employer, to the supervisor, or to the person designated to receive notifications; and
(3) a space for the name, title, and contact information of the person to whom the employee must make a report under subsection 507(c) of this title.
(b) No later than January 1, 2005, each employer shall post the notice in the employer’s place of business to inform the employees of their protections and obligations under this subchapter. The employer shall post the notice in a prominent and accessible location in the workplace. The employer shall indicate on the notice the name or title of the individual the employer has designated to receive notifications pursuant to subsection 507(c) of this title.
(c) An employer who violates this section by not posting the notice as required is liable for a civil fine of $100.00 for each day of willful violation. (Added 2003, No. 134 (Adj. Sess.), § 2; amended 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 511. Definitions

§ 511. Definitions
As used in this subchapter:
(1) “Applicant for employment” means an individual seeking or being sought for employment with an employer.
(2) “Designated laboratory” means a laboratory designated by the Department of Health under section 518 of this title.
(3) “Drug” means a drug listed or classified by the U.S. Drug Enforcement Administration as a Schedule I drug, or its metabolites, and alcohol. It shall also mean other drugs or their metabolites which are likely to cause impairment of the individual on the job, which are: amitriptyline, amphetamines, barbiturates, benzodiazepines, cannabinoids, cocaine, doxepin, glutethimide, hydromorphone, imipramine, meperidine, methadone, methaqualone, opiates, oxycodone, pentazocine, phenytoin, phencyclidine, phenothiazines, and propoxyphene. In addition, the Commissioner of Health may, pursuant to 3 V.S.A. chapter 25, add drugs to this list not recognized as being commonly abused and likely to cause impairment of the employee on the job as of May 22, 1987.
(4) “Drug test” means the procedure of taking and analyzing body fluids or materials from the body for the purpose of detecting the presence of a regulated drug as defined in 18 V.S.A. chapter 84 or a drug as defined in subdivision (3) of this section.
(5) “Employee” means any person who may be permitted, required, or directed by any employer, in consideration of direct or indirect gain or profit, to perform services.
(6) “Employer” means any individual, organization, or governmental body, including 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 this State, which has one or more individuals performing services for it within this State, or which has offered or may offer employment to one or more individuals.
(7) “Employment agency” means a person who undertakes, with or without compensation, to procure, refer, recruit, or place for an employer or person, the opportunity to work for an employer.
(8) “Collector” means an individual certified by a U.S. Health and Human Services approved collector certification program for each type of specimen to be collected. A “collector” shall be recertified every three years and may not be an employee of the employer for the purposes of performing a drug test based on probable cause. (Added 1987, No. 61, § 1, eff. Sept. 1, 1987; amended 2001, No. 92 (Adj. Sess.), § 1, eff. May 1, 2002.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 512. Drug testing of applicants; prohibitions; exceptions

§ 512. Drug testing of applicants; prohibitions; exceptions
(a) General prohibition. Except as provided in subsection (b) of this section, an employer or an employment agency shall not, as a condition of employment, do any of the following:
(1) request or require that an applicant for employment take or submit to a drug test;
(2) administer or attempt to administer a drug test to an applicant for employment; or
(3) request or require that an applicant for employment consent, directly or indirectly, to a practice prohibited under this subchapter.
(b) Exception. An employer may require an applicant for employment to submit to a drug test only if all of the following conditions are met:
(1) Conditional offer of employment. The applicant has been given an offer of employment conditioned on the applicant receiving a negative test result.
(2) Notice. The applicant received written notice of the drug testing procedure and a list of the drugs to be tested. The notice shall also state that therapeutic levels of medically-prescribed drugs tested will not be reported. The notice required under this subdivision may not be waived by the applicant.
(3) Administration. The drug test is administered in accordance with section 514 of this title. (Added 1987, No. 61, § 1, eff. Sept. 1, 1987; amended 2001, No. 92 (Adj. Sess.), § 2, eff. May 1, 2002.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 513. Drug testing of employees; prohibitions; exceptions

§ 513. Drug testing of employees; prohibitions; exceptions
(a) General prohibition. Except as provided in subsection (c) of this section, an employer shall not, as a condition of employment, promotion, or change of status of employment, or as an expressed or implied condition of a benefit or privilege of employment, do any of the following:
(1) request or require that an employee take or submit to a drug test;
(2) administer or attempt to administer a drug test to an employee; or
(3) request or require that an employee consent, directly or indirectly, to a practice prohibited under this subchapter.
(b) Random or company-wide tests. An employer shall not request, require, or conduct random or company-wide drug tests except when such testing is required by federal law or regulation.
(c) Exception. Notwithstanding the prohibition in subsection (a) of this section, an employer may require an individual employee to submit to a drug test if all the following conditions are met:
(1) Probable cause. The employer or an agent of the employer has probable cause to believe the employee is using or is under the influence of a drug on the job.
(2) Employee assistance program. The employer has available for the employee tested a bona fide rehabilitation program for alcohol or drug abuse and such program is provided by the employer or is available to the extent provided by a policy of health insurance or under contract by a nonprofit hospital service corporation.
(3) Employee may not be terminated. The employee may not be terminated if the test result is positive and the employee agrees to participate in and then successfully completes the employee assistance program; however, the employee may be suspended only for the period of time necessary to complete the program, but in no event longer than three months. The employee may be terminated if, after completion of an employee assistance program, the employer subsequently administers a drug test in compliance with subdivisions (1) and (4) of this subsection and the test result is positive.
(4) Administration of test. The drug test is administered in accordance with section 514 of this title. (Added 1987, No. 61, § 1, eff. Sept. 1, 1987.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 515. Positive test results; opportunity to retest

§ 515. Positive test results; opportunity to retest
(a) A medical review officer shall contact personally an employee or applicant who has a positive test result and explain the results and why the results may not be accurate.
(b) The medical review officer shall provide any applicant or employee who has a positive test result with an opportunity to retest a portion of the sample at an independent laboratory at the expense of the person tested and shall consider the results of the retest. (Added 1987, No. 61, § 1, eff. Sept. 1, 1987; amended 2001, No. 92 (Adj. Sess.), § 4, eff. May 1, 2002.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 516. Confidentiality

§ 516. Confidentiality
(a) Any health care information about an individual to be tested shall be collected only by a medical review officer. This information shall be confidential and shall not be released to anyone except the individual tested, and may not be obtained by court order or process, except as provided in this subchapter. In addition, a medical review officer shall not reveal the identity of an individual being tested to any person, including the laboratory.
(b) Employers, medical review officers, laboratories, and the agents of any of these, who receive or have access to information about drug test results, shall keep all information confidential. Release of such information under any other circumstance shall be solely pursuant to a written consent form signed voluntarily by the person tested, except where such release is compelled by a court of competent jurisdiction in connection with an action brought under this subchapter.
(c) If information about drug test results is released contrary to the provisions of this subchapter, it shall be inadmissible as evidence in any judicial or quasi-judicial proceeding, except in a court of competent jurisdiction in connection with an action brought under this subchapter. (Added 1987, No. 61, § 1, eff. Sept. 1, 1987; amended 2001, No. 92 (Adj. Sess.), § 5, eff. May 1, 2002; 2015, No. 23, § 12.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 517. Employer’s authority

§ 517. Employer’s authority
This subchapter shall not restrict an employer’s authority to prohibit the nonprescribed use of drugs or alcohol during work hours, or restrict an employer’s authority to discipline, suspend, or dismiss an employee for being under the influence of drugs or alcohol during work hours, except as that authority is restricted under subsection 513(c)(3) of this title in reference to participation in an employee assistance program or suspension. (Added 1987, No. 61, § 1, eff. Sept. 1, 1987.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 518. Designated laboratory; rule making authority of the Commissioner

§ 518. Designated laboratory; rule making authority of the Commissioner
(a) The Department of Health shall designate laboratories to test body fluids or materials for drugs. Such laboratories must be able to document competency in regard to personnel, quality assurance programs, methodology and equipment, on site confirmation of positive screening tests, security, confidentiality, and expert testimony.
(b) A laboratory that fails to comply with the provisions of this subchapter relating to the confirmation and reporting of test information and the release of confidential information shall lose its designation under this subsection.
(c) The Commissioner of Health shall adopt rules pursuant to 3 V.S.A. chapter 25 establishing nontherapeutic levels of therapeutic drugs by establishing a range of values considering average medical use for each particular drug or metabolite authorized to be tested under this subchapter. (Added 1987, No. 61.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 519. Enforcement

§ 519. Enforcement
(a) Private right of action. An applicant or employee aggrieved by a violation of this subchapter may bring a civil action for injunctive relief, damages, court costs, and attorney’s fees.
(b) Burden of proof. In a private right of action alleging that an employer has violated this subchapter, the employer has the burden of proving that the requirements of sections 513, 514, and 516 of this title have been satisfied. In any civil action alleging that a laboratory has violated the reporting or confidentiality sections of this subchapter, the laboratory shall have the burden of proving that the requirements of sections 514 and 516 of this title have been satisfied.
(c) State action to obtain civil penalty. A person who violates any provision of this subchapter shall be subject to a civil penalty of not less than $500.00 nor more than $2,000.00.
(d) State action to obtain criminal penalty. A person who knowingly violates any provision of this subchapter shall be fined not less than $500.00 nor more than $1,000.00 or shall be imprisoned not more than six months, or both. (Added 1987, No. 61, § 1, eff. Sept. 1, 1987.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 561. Health coverage status discrimination prohibited

§ 561. Health coverage status discrimination prohibited
(a) For the purposes of this section:
(1) “Employee” shall have the same meaning as in 32 V.S.A. § 10502.
(2) “Employer” shall have the same meaning as in 32 V.S.A. § 10502.
(b)(1) No employer or employment agency or agent of either shall inquire about the health coverage status of a job applicant or in any way discriminate among applicants or employees on the basis of health coverage status.
(2) Nothing in this section shall prevent:
(A) an employer, employment agency, or agent from informing an applicant about the employer’s health coverage benefits; or
(B) an employer from inquiring about the health coverage status of an employee to enable the employer to determine the number of uncovered employees pursuant to 32 V.S.A. chapter 245, provided that the inquiry conforms to the employer obligations in that chapter.
(c) Any person aggrieved by a violation of the provisions of this subchapter may bring an action in Superior Court seeking compensatory and punitive damages or equitable relief, including restraint of prohibited acts, restitution of wages or other benefits, reinstatement, costs, reasonable attorney’s fees, and other appropriate relief. (Added 2007, No. 70, § 28; amended 2023, No. 6, § 250, eff. July 1, 2023.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 602. Process and procedure

§ 602. Process and procedure
(a) All process and procedure under the provisions of this chapter shall be as summary and simple as reasonably may be. The Commissioner may make rules not inconsistent with such provisions for carrying out the same and shall cause to be printed and furnished, free of charge, to any employer or employee such forms as he or she deems necessary to facilitate or promote the efficient administration of such provisions.
(b) The Commissioner shall determine the form in which reports are filed and what shall constitute a signature on the reports, including those filed in other than paper form, such as electronically or over telephone lines.
(c) Any communication from an employer or an insurer to a claimant that is not otherwise required to be provided on a form prescribed by the Commissioner must include a statement advising the claimant that he or she should contact the Department of Labor’s Workers’ Compensation Division to determine any right to object or appeal, as provided by law, and to seek information from the Department on the process and procedures. (Amended 2009, No. 146 (Adj. Sess.), § B17; 2013, No. 199 (Adj. Sess.), § 61, eff. June 24, 2014.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 603. Witnesses, oaths, books, papers, records

§ 603. Witnesses, oaths, books, papers, records
(a) So far as it is necessary in his or her examinations and investigations and in the determination of matters within his or her jurisdiction, the Commissioner shall have power to subpoena witnesses, administer oaths, and to demand the production of books, papers, records, and documents for his or her examination.
(b) The Superior Court, a justice of the Supreme Court, or a Superior judge shall have power to enforce by proper proceedings the attendance and testimony of witnesses and the production and examination of such books, papers, records, and documents before the Commissioner, and in the case of a corporation, the provisions of 11 V.S.A. §§ 441-444 shall apply. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 604. Manner of trying causes; evidence

§ 604. Manner of trying causes; evidence
The Commissioner shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure except as provided in this chapter, but he or she may make such investigation or inquiry or conduct such hearing or trial in such manner as to ascertain the substantial rights of the parties. Declarations of the deceased employee concerning his or her accident may be received in evidence and shall be sufficient to establish the accident and the injury, if corroborated by circumstances or other evidence.
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 605. Testimony of person without the State, how taken

§ 605. Testimony of person without the State, how taken
Upon the application of a party in a cause pending before him or her and on such notice to the adverse party or his or her attorney as he or she thinks reasonable, the Commissioner may issue a commission to a person designated by the Commissioner, to take the testimony of a person residing or being without the state. Such testimony shall be taken upon interrogatories settled by order of the Commissioner or upon oral examination, as he or she directs.
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 607. Decisions; enforcement; appeals

§ 607. Decisions; enforcement; appeals
The decisions of the Commissioner shall be enforceable by the Superior Court under the provisions of section 675 of this title. From such a decision an appeal shall lie in the same manner as other appeals from the Commissioner. However, in no case shall such an appeal operate as a supersedeas or stay unless he, she, or the court to which such appeal is taken shall so order. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 616. Employments covered

§ 616. Employments covered
(a) Except as otherwise provided in this section and other provisions of this chapter, this chapter shall apply to all employment in this State, and where provided, to employment outside of the State.
(b) This chapter does not apply to employment in any case where the laws of the United States of America provide for compensation, by an employer to his or her employee, for injury or death in employment. However, if jurisdiction is vested in this State under such laws, this chapter shall apply to the employment. (Amended 1967, No. 51; 1973, No. 70, § 2.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 619. Injuries outside State

§ 619. Injuries outside State
If a worker who has been hired in this State receives personal injury by accident arising out of and in the course of such employment, he or she shall be entitled to compensation according to the law of this State even though such injury was received outside this State. (Amended 1981, No. 165 (Adj. Sess.), § 1.)