Does Vermont have an anti-discrimination law protecting LGBTQ+ individuals from discrimination?

Yes. Vermont was among the first states to pass a comprehensive statewide law prohibiting sexual orientation discrimination in 1992 (e.g., 21 V.S.A. § 495 (employment)). “Sexual orientation” is defined as “female or male homosexuality, heterosexuality or bisexuality (1 V.S.A. § 143).

In May, 2007, Vermont became the third state in New England to explicitly prohibit discrimination on the basis of gender identity (Public Act 41, An Act Relating to Prohibiting Discrimination on the Basis of Gender Identity, 2007-2008 Leg., Reg. Sess. (Vt. 2007)). The law defines gender identity as “an individual’s actual or perceived gender identity, or gender-related characteristics intrinsically related to an individual’s gender or gender-identity, regardless of the individual’s assigned sex at birth” (1 V.S.A § 144).

Does it also protect people perceived to be LGBTQ+?

As to sexual orientation, maybe.  Although the anti-discrimination laws themselves do not distinguish between actual and perceived sexual orientation, the questionnaire used by the Civil Rights Unit of the Attorney General’s Office allows people to complain of discrimination on account of both sexual orientation and perceived sexual orientation.  However, the Human Rights Commission does not make this distinction in its employment complaint form.  There is no case law on this.  (Note:  The school harassment law, which is discussed below in the Students’ Rights section, does explicitly provide protection for students and their family members who are or are perceived of as gay, lesbian or bisexual.  The hate crime law, discussed below, also applies to actual or perceived sexual orientation and gender identity.)

As to gender identity, and as noted above, gender identity is defined as wither “actual or perceived gender identity.” This language includes discrimination based upon perception.

What kinds of discrimination does the anti-discrimination law address?

Vermont law prohibits discrimination in employment, places of public accommodation, housing, credit, and a variety of services.

Are there federal laws that protect students?

Yes, Title IX prohibits discrimination against students based on sex in any school or college that receives federal funds. In light of the Supreme Court ruling in Bostock v. Clayton County, which determined that sexual orientation and gender identity discrimination are forms of sex discrimination, the federal Department of Education, which enforces Title IX, has stated that it will interpret any sexual orientation or gender identity discrimination as sex discrimination.

To file a complaint with the federal Department of Education Office of Civil Rights, see:  How to File a Discrimination Complaint with the Office for Civil Rights.

Complaints can be made to your school Title IX coordinator, as well as to:

Office of Civil Rights
The U.S. Department of Education
John W. McCormack Post Office & Courthouse, Room 222
Post Office Square
Boston, MA 02109

Additionally, some kinds of discrimination and harassment may violate a student’s constitutional rights.

What can I do if I’m being discriminated against at school?

There are many ways to approach the issue.  One is to ask for support from a friend, teacher or counselor. When harassed, if you feel safe, you may wish to speak to the perpetrators.

In addition, read your school policies and notify whoever is supposed to be notified—usually a vice principal or Title IX coordinator.  You should document any incidents of harassment or discrimination in writing.  Once you meet with the right officials, make a note of what you told them and on what date and ask when they will be getting back to you with a response.  If they don’t help you or don’t follow through, you may wish to write to the principal and superintendent and ask for them to end the discrimination.  Keep copies of all documentation for future reference.

At the same time, or after contacting the administration as set out above, you may want to contact the Safe Schools Program of the Vermont Department of Education.  This program is responsible for implementing initiatives related to the equal educational opportunities and anti-harassment provisions discussed above.  You can reach them at:

Vermont Agency of Education

219 Main Street, Suite 402

Barre, VT 05641

(802) 479-1030

aoe.edinfo@vermont.gov

Alternatively, since schools are considered public accommodations in Vermont, you may want to file a complaint with the Vermont Human Rights Commission or other legal action.  Contact GLAD for assistance and attorney referrals.

Does Vermont have a law that bans conversion therapy?

Yes, in 2015 Vermont passed 18 V.S.A. § 8352, Outpatient Mental Health Treatment for Minors.

State and national medical, mental health, and child welfare organizations all oppose the practice of conversion therapy, a practice that seeks to change a person’s sexual orientation or gender identity. Extensive professional literature shows the practice to be both ineffective in changing sexual orientation or gender identity and harmful to youth. Young people who have been subjected to conversion therapy are at increased risk of depression, suicidal thoughts and suicide attempts, and illegal drug use.

Under the law’s provisions, any licensed mental health provider who practices conversion therapy would be subject to discipline by the appropriate licensing agency.