Discrimination
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Discrimination | Public Accommodations | Vermont
Vermont Public Accommodations Q&A
What is a “place of public accommodation”?
A “place of public accommodation” means “any school, restaurant, store, establishment or other facility at which services, facilities, goods, privileges, advantages, benefits, or accommodations are offered to the general public” (9 V.S.A. § 4501).
Does Vermont have an anti-discrimination law protecting LGBTQ+ individuals from discrimination in places of public accommodation?
Yes. Vermont was among the first states to pass a comprehensive statewide law prohibiting sexual orientation discrimination in 1992 (See, 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).
These laws also prohibit discrimination against people living with HIV based on disability. For more information, see: HIV/AIDS – Know Your Rights – GLAD.
Does it also protect people perceived to be LGBTQ+ in places of public accommodation?
As to sexual orientation, maybe.
As to gender identity, and as noted above, gender identity is defined as either “actual or perceived gender identity.” This language includes discrimination based upon perception.
What does the law say about discrimination in places of public accommodation?
Such places may not, on account of a person’s sexual orientation, gender identity, marital status, or other protected characteristic, “refuse, withhold from or deny to that person any of the accommodations, advantages, facilities and privileges of the place of public accommodation” (9 V.S.A. § 4502 (a)).
The protections based on marital status mean that a place of public accommodation may not discriminate against same-sex couples who are married or in a civil union (15 V.S.A. § 1204 (e)(7) (prohibitions against discrimination based on marital status apply equally to parties to a civil union). See also discussion of civil unions below). However, a religious organization or any nonprofit organization operated, supervised or controlled by a religious organization shall not be required to provide services, accommodations, advantages, facilities, goods or privileges relating to the solemnization or celebration of a marriage (9 V.S.A. § 4502(l)).
There is an exception to this rule, stating that this law does not prohibit an establishment that provides lodging to transient guests (i.e. hotels, inns) with five or fewer rooms from restricting its accommodations based on sex or marital status (9 V.S.A. § 4502 (d)).
Public, independent, and post-secondary schools in Vermont are considered public accommodations and so students are protected from discrimination on the basis of sexual orientation and gender identity.
How do I file a complaint of discrimination?
Where you file a complaint depends on the type of discrimination you have experienced (i.e. employment, housing, credit, etc.) and whether the party you are complaining against is a state agency. Sometimes you have more that one option about where to file.
For Public Accommodations (as well as State Employment or Housing):
- If you believe you have been discriminated against in employment by a state agency, or if you believe you have been discriminated against in public accommodations (for example, denial of service in a retail establishment or other business), or in housing, you may file a complaint with:
The Vermont Human Rights Commission
14-16 Baldwin Street
Montpelier, VT 05633-6301
(800) 416-2010
(802) 828-1625
(802) 828-2481 (fax)
human.rights@vermont.gov
A complaint may be filed under oath in person, in writing, by fax or by e-mail stating the facts concerning the alleged discrimination.
- You may also file your case directly in the Superior Court of the county where the alleged discrimination occurred.
Do I need a lawyer?
Not necessarily. The processes at all of these agencies are designed to allow people to represent themselves. However, GLAD strongly encourages people to find lawyers to represent them throughout any of these proceedings, as well as if you choose to file a claim directly in the Superior Court. Not only are there many legal rules governing these processes, but employees and other defendants are likely to have legal representation.
What are the deadlines for filing a complaint of discrimination?
Complaints of discrimination with the Vermont Human Rights Commission must be filed within one year of the last discriminatory act or acts (Code of Vermont Rules 80-250-001, Rule 2). The Attorney General’s Civil Rights Unit also has a policy of requiring complaints to be filed within one year. If you are going to bring a case directly in Superior Court, you should file within three years of the last discriminatory act, although under certain circumstances you may be able to file after that time. There are very few exceptions for lateness, and GLAD encourages people to move promptly in filing claims.
What happens after a complaint is filed with the Commission or the Civil Rights Unit?
If you file with the Human Rights Commission, Commission staff will review your complaint to see if it meets the basic requirements for filing a discrimination claim. If they decide to investigate, a copy of your complaint is sent to the party against whom the complaint has been filed— the respondent— who has to respond to the allegations within fourteen (14) days (Code of Vermont Rules 80-250-001, Rule 10). The Commission then assigns an investigator, who will look into your claims to see if there are reasonable grounds to believe that you have been discriminated against. In doing so, the investigator may examine and copy records and documents, and conduct interviews of all relevant parties and witnesses. The five Commissioners appointed by the governor then decide whether there are reasonable grounds to credit your allegations (9 V.S.A. §§ 4551(a) and 4554(d) – (e)).
The Human Rights Commission allows the parties to engage in voluntary settlement discussions to resolve the case at any point during the investigative process. If these efforts fail, at the end of the investigation the Human Rights Commission issues findings stating whether there was a violation of law.
If reasonable grounds are found, the Commission will send the case for “conciliation” or settlement proceedings, unless the Commission finds an emergency. If negotiations fail to produce a settlement agreeable to all parties within six months, the Commission will either file a claim against the respondent in the Superior Court or dismiss the proceedings, unless the parties agree to an extension in order to complete ongoing negotiations (9 V.S.A. § 4554(e); Code of Vermont Rules 80-250-001, Rules 31-32).
If reasonable grounds of unlawful discrimination are not found, the case will be dismissed at the Commission (9 V.S.A. § 4554(d
At this point, or at any point in the process at the Commission, you may decide to file a case in court. It is crucial to always keep in mind the deadlines for filing such a case, as discussed above. If you do so while an investigation is pending at the Commission, the Commission will administratively dismiss the investigation although the Commission may file its own complaint regarding the matter or intervene in your court action (Code of Vermont Rules 80-250-001, Rule 27).
What are the legal remedies the court may award for discrimination if an individual wins his or her case there?
In public accommodations (and housing) cases, remedies may include injunctive relief, compensatory damages (expenses actually incurred because of unlawful action), and punitive damages (9 V.S.A. § 4506(a)). In addition, criminal penalties of fines up to $1000 may be imposed (9 V.S.A. § 4507).
In all of these cases, the court may grant attorney’s fees, cost (9 V.S.A. §4506(b)(public accommodations and housing); 21 V.S.A. §495b(2)(employment)) and other appropriate relief that is consistent with the purposes of the anti-discrimination laws (e.g. training programs, posting of notices, allowing person non-discriminatory access to and use of public accommodation).
Can I file more than one type of discrimination complaint at once, for example, if I believe I was discriminated against both because I am a lesbian and Latina?
Yes. The state anti-discrimination laws for employment forbid taking any action against someone because of sexual orientation and gender identity, as well as race, color, religion, national origin, sex, ancestry, place of birth, age, disability, HIV-related blood testing, family leave, and workers’ compensation. In public accommodations, the criteria are expanded to include marital status, but do not include age, ancestry and place of birth. In housing, the criteria are expanded to include intending to occupy a dwelling with one or more minor children and receipt of public assistance, but do not include ancestry and place of birth.
Are there other options for filing a complaint for discrimination?
Possibly, depending on the facts of your particular situation. This publication concerns only Vermont anti-discrimination law, and you may well have other rights.
State or Federal Court: After or instead of filing with the Commission, you may decide to file the case in court. You may file in state court at any point within the time limitations, as discussed above
What can I do to prepare myself before filing a complaint of discrimination?
Contact GLAD Answers by filling out the email form at GLAD Answers or by phone at 1-800-455-4523 (GLAD) to discuss options.
Some people prefer to meet with an attorney to evaluate the strength of their claims before filing a case. It is always helpful to bring the attorney an outline of what happened, organized by date and with an explanation of who the various players are (and how to get in touch with them). GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.
Resources
For more information about the Human Rights Commission complaint process see: Filing a Complaint | Human Rights Commission
For information about discrimination protections for people living with HIV, see: HIV/AIDS – Know Your Rights – GLAD
Cases & Advocacy
To see Discrimination cases or advocacy which GLAD has been directly involved with in Vermont, go to: Cases and Advocacy – GLAD and under “By Issue” click on “Discrimination” and under “By Location” click on “Vermont.”
News & Press Releases
To see news and press releases about Discrimination in Vermont, go to: News & Press Releases – GLAD and under “By Issue” click on “Discrimination” and under “By Location” click on “Vermont.”
Discrimination | Employment | Vermont
Vermont Employment Q&A
Does Vermont have an anti-discrimination law protecting LGBTQ+ individuals from discrimination in employment?
Yes. Vermont was among the first states to pass a comprehensive statewide law prohibiting sexual orientation discrimination in 1992 (See, 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).
These laws also prohibit discrimination against people living with HIV based on disability. For more information, see: HIV/AIDS – Know Your Rights – GLAD
Does it also protect people perceived to be LGBT in employment?
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.
As to gender identity, and as noted above, gender identity is defined as either “actual or perceived gender identity.” This language includes discrimination based upon perception.
To whom does the non-discrimination law apply and what does it forbid?
The non-discrimination law prohibits any employer, employment agency or labor organization from discriminating against any individual because of his or her sexual orientation or gender identity (21 V.S.A. § 495 (a)(1)). This applies to both private and government employers and covers most significant job actions, such as hiring, firing, failure to promote, demotion, excessive discipline, harassment and different treatment of the employee and similarly situated co-workers (21 V.S.A. § 495 (a); § 495d(1) (definition of employer)).
In addition, employment agencies may not participate in discrimination by refusing to classify or refer their customers for employment or otherwise discriminate because of sexual orientation or gender identity. Unions may not deny union membership or otherwise discriminate against its members because of sexual orientation or gender identity (21 V.S.A. § 495 (a)(4)).
The law also forbids these entities from advertising in such a way as to restrict employment or membership because of sexual orientation or gender identity (21 V.S.A. § 495 (a)(2)).
Does the law apply to every employer in Vermont?
No. As broad as the law is, there are exceptions to its application.
- An employer, agency or labor organization may defend against a discrimination claim by arguing that a “bona fide occupational qualification” of the particular job to have a non-LGBT employee fill it (21 V.S.A. § 495(a)). There are no general occupational exemptions from the reach of the non-discrimination law, however, and this defense is very rarely successful.
- As to sexual orientation and gender identity, religious organizations – and charitable or educational organizations operated, supervised or controlled by a religious organization – are exempt from the law to the extent that they give a “preference to persons of the same religion or denomination” or take “any action with respect to matters of which is calculated by the organization to promote the religious principles for which it is established or maintained (21 V.S.A. § 495(e)). This exemption, however, is not a carte blanche for an employer to use his or her religious beliefs as a justification for discriminating against persons because of their sexual orientation or actual or perceived gender identity.
Does the Vermont law prohibit sexual harassment?
Yes. Sexual harassment is specifically prohibited under the law. Vermont law defines sexual harassment as a form of sex discrimination that means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
- submission to that conduct is made either explicitly or implicitly a term or condition of employment; or
- submission to or rejection of such conduct by an individual is used as a component of the basis for employment decisions affecting that individual; or
- the conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment (21 V.S.A. § 495d (13)).
Because sexual harassment is a form of sex discrimination, a claim of harassment can be pursued in the same ways as other discrimination claims, as discussed below.
In addition to prohibiting sexual harassment, Vermont law requires all employers, employment agencies and labor organizations to ensure a workplace free of sexual harassment by adopting a policy against sexual harassment, posting a notice outlining that policy, and providing all employees an individual written copy of the policy (21 V.S.A. § 495h).
It is as unlawful to sexually harass a gay, lesbian, bisexual or transgender person as it is to harass anyone else. Some harassment is specifically anti-gay and may be more fairly characterized as harassment on the basis of sexual orientation. Other harassment is because of the person’s actual or perceived gender identity and may be characterized as harassment on the basis of gender identity. Still other harassment is sexual in nature and more appropriately categorized as sexual harassment. All these types of harassment can happen to the same person, and all are forbidden under Vermont state law.
Both the United States Supreme Court and several state courts have found same-sex sexual harassment to violate sexual harassment laws (compare Oncale v. Sundowner Offshore Services, 523 U.S. 75, 118 S.Ct. 998 (1998) (man can sue for sexual harassment by other men under federal sexual harassment laws)).
How do I file a complaint of discrimination?
Where you file a complaint depends on the type of discrimination you have experienced (i.e. employment, housing, credit, etc.) and whether the party you are complaining against is a state agency. Sometimes you have more than one option about where to file.
State Employment (as well as Public Accommodations or Housing):
- If you believe you have been discriminated against in employment by a state agency, or if you believe you have been discriminated against in public accommodations (for example, denial of service in a retail establishment or other business), or in housing, you may file a complaint with:
The Vermont Human Rights Commission
14-16 Baldwin Street
Montpelier, VT 05633-6301
(800) 416-2010
(802) 828-1625
(802) 828-2481 (fax)
human.rights@vermont.gov
A complaint may be filed under oath in person, in writing, by fax or by e-mail stating the facts concerning the alleged discrimination.
- You may also file your case directly in the Superior Court of the county where the alleged discrimination occurred.
General Employment:
If you believe you have been discriminated against by a party other than the state (for example, a private business or a town), you may file a complaint under oath with the:
Civil Rights Unit
Vermont Attorney General’s Office
109 State Street
Montpelier, VT 05609-1001
(888) 745-9195 (Toll Free in Vermont Only)
(802) 828-3657
(802) 828-3665 (TTY)
(802) 828-2154 (fax)
ago.civilrights@vermont.gov
Complaining parties must complete a questionnaire, which the Civil Rights Unit will send to you or you can find at STATE OF VERMONT OFFICE OF THE ATTORNEY GENERAL EMPLOYMENT DISCRIMINATION QUESTIONNAIRE CIVIL RIGHTS UNIT
- You may also file your case directly in the Superior Court of the county where the alleged discrimination occurred.
Do I need a lawyer?
Not necessarily. The processes at all of these agencies are designed to allow people to represent themselves. However, GLAD strongly encourages people to find lawyers to represent them throughout any of these proceedings, as well as if you choose to file a claim directly in the Superior Court. Not only are there many legal riles governing these processes, but employees and other defendants are likely to have legal representation. GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.
What are the deadlines for filing a complaint of discrimination?
Complaints of discrimination with the Vermont Human Rights Commission (HRC) must be filed within one year of the last discriminatory act or acts (Code of Vermont Rules 80-250-001, Rule 2). The Attorney General’s Civil Rights Unit (CRU) also has a policy of requiring complaints to be filed within one year. If you are going to bring a case directly in Superior Court, you should file within three years of the last discriminatory act, although under certain circumstances you may be able to file after that time. There are very few exceptions for lateness, and GLAD encourages people to move promptly in filing claims.
Can I file more than one type of discrimination complaint at once, for example, if I believe I was fired both because I am a lesbian and Latina?
Yes. The state anti-discrimination laws for employment forbid taking any action against someone because of sexual orientation and gender identity, as well as race, color, religion, national origin, sex, ancestry, place of birth, age, disability, HIV-related blood testing, family leave, and workers’ compensation. In public accommodations, the criteria are expanded to include marital status, but do not include age, ancestry and place of birth. In housing, the criteria are expanded to include intending to occupy a dwelling with one or more minor children and receipt of public assistance, but do not include ancestry and place of birth.
What happens after a complaint is filed with the Commission or the Civil Rights Unit?
If you file with the Human Rights Commission, Commission staff will review your complaint to see if it meets the basic requirements for filing a discrimination claim. If they decide to investigate, a copy of your complaint is sent to the party against whom the complaint has been filed — the respondent — who has to respond to the allegations within fourteen (14) days (Code of Vermont Rules 80-250-001, Rule 10). The Commission then assigns an investigator, who will look into your claims to see if there are reasonable grounds to believe that you have been discriminated against. In doing so, the investigator may examine and copy records and documents, and conduct interviews of all relevant parties and witnesses. The five Commissioners appointed by the governor then decide whether there are reasonable grounds to credit your allegations (9 V.S.A. §§ 4551(a) and 4554(d) – (e)).
If you file a complaint with the Civil Rights Unit (CRU), the process is very similar., and is described in detail on the CRU’s website: Civil Rights Unit Process – Office of the Vermont Attorney General
The Human Rights Commission and the CRU both allow the parties to engage in voluntary settlement discussions to resolve the case at any point during the investigative process. If these efforts fail, at the end of the investigation the Human Rights Commission or the CRU issues findings stating whether there was a violation of law.
If reasonable grounds are found, the Commission will send the case for “conciliation” or settlement proceedings, unless the Commission finds an emergency. If negotiations fail to produce a settlement agreeable to all parties within six months, the Commission will either file a claim against the respondent in the Superior Court or dismiss the proceedings, unless the parties agree to an extension in order to complete ongoing negotiations (9 V.S.A. § 4554(e); Code of Vermont Rules 80-250-001, Rules 31-32).
Similarly, if the CRU finds a violation of law, the respondent will be asked to engage in settlement negotiations to try to resolve the case. If these negotiations fail, the CRU may file a complaint against the respondent in Superior Court.
If reasonable grounds of unlawful discrimination are not found, the case will be dismissed at the Commission (9 V.S.A. § 4554(d)). If the CRU finds no violation of law, the file will be closed.
At this point, or at any point in the process at the Commission or the CRU, you may decide to file a case in court. It is crucial to always keep in mind the deadlines for filing such a case, as discussed above. If you do so while an investigation is pending at the Commission, the Commission will administratively dismiss the investigation although the Commission may file its own complaint regarding the matter or intervene in your court action (Code of Vermont Rules 80-250-001, Rule 27).
What are the legal remedies the court may award for discrimination if an individual wins his or her case there?
The remedies for a successful complainant may include, for employment cases, hiring, reinstatement or upgrading, back pay, front pay, restitution of wages or other benefits, damages, including those for emotional distress, civil penalties (where applicable), and punitive damages (21 V.S.A. § 495b).
Can I also file a discrimination complaint with a federal agency?
Yes. Federal employment non-discrimination law, called Title VII, applies to employers with at least 15 employees.
Someone who brings a claim of discrimination may sometimes pursue protections under both state and federal law. This is true because there may be overlapping provisions of state and federal law. For example, Title VII forbids employment discrimination based on race, sex, age, religion, and disability (which includes HIV status), but does not expressly forbid discrimination based on “sexual orientation” or “gender identity.”
However, in Bostock v. Clayton County, Georgia, No. 17-1618 (S. Ct. June 15, 2020, see: 17-1618 Bostock v. Clayton County (06/15/2020), the Supreme Court held that firing individuals because of their sexual orientation or transgender status violates Title VII’s prohibition on discrimination because of sex. For more information on how the EEOC enforces discrimination against LGBT employees, see: Sexual Orientation and Gender Identity (SOGI) Discrimination | US Equal Employment Opportunity Commission.
GLAD recommends that, where there may be overlapping state and federal jurisdiction, you explore filing with the HRC or CRU first but keep in mind the possibility of pursuing a federal claim as well. If you have a sexual orientation or gender identity complaint, you should check off “sex” as well as “sexual orientation” or “gender identity” as the bases for your claim and request that the HRC or CRU cross-file your complaint with the EEOC.
Federal complaints must be filed within 180 days of the discriminatory act with the Equal Employment Opportunity Commission (EEOC). However, if you initially institute your complaint with HRC or CRU and indicate that you wish to have the complaint cross-filed with the EEOC, then the time limit is extended to the earlier of 300 days or 30 days after HRC or CRU has terminated the case (34 United States Code 42 sec. 2000e-5(e)(1)). If you want to cross-file with the EEOC, you submit your complaint to the HRC or CRU within 300 days and not the usual 1 year. (People who work for federal agencies are beyond the scope of this publication.)
Are there other options for filing a complaint for discrimination?
Possibly, depending on the facts of your particular situation. This publication concerns only Vermont anti-discrimination law, and you may well have other rights.
- Union: If you are a member of a union, your contract (collective bargaining agreement) may provide additional rights to you in the event of discipline, discharge or other job-related actions. In fact, if you obtain relief under your contract, you may decide not to pursue other remedies. Get and read a copy of your contract and contact a union representative about filing a complaint. Deadlines in contracts are strict. Bear in mind that if your union refuses to assist you with a complaint, you may have a discrimination action against them for their failure to work with you, or for failure of duty of fair representation.
- State or Federal Court: After or instead of filing with the Commission, the CRU or the EEOC, you may decide to file the case in court. You may file in state court at any point within the time limitations, as discussed above. In order to file in federal court, however, you must remove your case from the EEOC, and there are rules about when and how you must do this that the EEOC can explain.
In addition, you may file a court case to address other claims that are not appropriately handled by discrimination agencies, such as when you are fired in violation of a contract, fired without the progressive discipline promised in an employee handbook, or fired for doing something the employer doesn’t like but that the law requires. Similarly, if you have a claim for a violation of constitutional rights – for instance, if you are a teacher or a governmental employee who believes his or her free speech or equal protection rights were violated – then those matters must also be heard in court.
What can I do if my employer fires me because I filed a complaint of discrimination?
It is illegal to retaliate against someone for filing a discrimination claim, and you could file an additional complaint against the employer or landlord for retaliation. “Retaliation” protections cover those who participate in proceedings, or otherwise oppose unlawful conduct. If the employer or landlord takes action against an employee or tenant because of that conduct, then the employee or tenant can state a claim of retaliation (9 V.S.A. § 4506(e)(retaliation prohibited in public accommodations and housing); 21 V.S.A. § 495(a)(8) (retaliation prohibited in employment). See also Provencher v. CVS Pharmacy, 145 F.3d 5 (1st Cir. 1998) (upholding federal retaliation claim by a gay man who had brought a sexual harassment claim under Federal Title VII)).
What can I do to prepare myself before filing a complaint of discrimination?
Contact GLAD Answers by filling out the email form at GLAD Answers or by phone at 1-800-455-4523 (GLAD) to discuss options.
As a general matter, people who are still working under discriminatory conditions have to evaluate how filing a case will affect their job, and if they will be able to handle those possible consequences. Of course, even if a person has been fired, they may decide it is not worth it to pursue a discrimination claim. This is an individual choice, which should be made after gathering enough information and advice to make an informed decision.
Some people prefer to meet with an attorney to evaluate the strength of their claims before filing a case. It is always helpful to bring the attorney an outline of what happened, organized by date and with an explanation of who the various players are (and how to get in touch with them). Try to have on hand copies of your employee handbooks or personnel manuals, as well as any contracts, job evaluations, memos, discharge letters and the like. GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.
Resources
For more information about the employment complaint process see:
For information about discrimination protections for people living with HIV, see: https://www.glad.org/issues/hivaids/.
For more information about filing an EEOC discrimination complaint see: How to File a Charge of Employment Discrimination.
Cases & Advocacy
To see Discrimination cases or advocacy which GLAD has been directly involved with in Vermont, go to: Cases and Advocacy – GLAD and under “By Issue” click on “Discrimination” and under “By Location” click on “Vermont.”
News & Press Releases
To see news and press releases about Discrimination in Vermont, go to: News & Press Releases – GLAD and under “By Issue” click on “Discrimination” and under “By Location” click on “Vermont.”
Discrimination | Credit, Lending & Services | Vermont
Vermont Credit, Lending & Services Q&A
Does Vermont have an anti-discrimination law protecting LGBTQ+ individuals from discrimination in credit, lending and services?
Yes. Vermont was among the first states to pass a comprehensive statewide law prohibiting sexual orientation discrimination in 1992 (See, 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).
These laws also prohibit discrimination against people living with HIV based on disability. For more information, see: HIV/AIDS – Know Your Rights – GLAD.
Does it also protect people perceived LGBTQ+ in credit, lending and services?
As to sexual orientation, maybe.
As to gender identity, and as noted above, gender identity is defined as either “actual or perceived gender identity.” This language includes discrimination based upon perception.
How does Vermont anti-discrimination law protect people with regard to credit and loans?
Vermont 8 V.S.A. § 10403 prohibits discrimination by financial service providers based on sex, marital status, race, color, religion, national origin, age, sexual orientation, gender identity, or disability.
The law applies to financial institutions regulated by the Vermont Department of Financial Regulation that deny, revoke or terminate “credit services” for a discriminatory reason. “Credit services” include credit cards, personal loans, mortgage loans and commercial loans.
To implement this law, the Department of Financial Regulation promulgated a rule (B-2015-01) that focuses on the notice that is required when adverse action is taken by a financial institution against an applicant. When adverse action is taken, the financial institution is required to provide the applicant with a written statement of reasons for the action.
For commercial credit transactions, the statement of reasons must contain the specific reasons for the adverse action and must cite documentation or business judgment that supports the adverse action.
In addition, Vermont law provides specific non-discrimination provisions with regard to the issuance of motor vehicle retail installment contracts (9 V.S.A. § 2410), and agricultural finance leases (9 V.S.A. § 2362).
Example: GLAD brought and won a claim against a credit union that refused to allow a feminine appearing man to apply for a loan until he came back looking more masculine. A federal court ruled that this constituted a claim of sex discrimination in violation of the credit non-discrimination laws (9 V.S.A. § 2488).
How does Vermont anti-discrimination law protect people concerning insurance purchases?
Vermont law prohibits discrimination against an applicant for insurance or an insured person based on sexual orientation, gender identity, marital status, or sex with regard to underwriting standards and practices, eligibility requirements, and rates (8 V.S.A. § 4724(7)(B)(i) and (ii)).
Insurers are also prohibited from directly or indirectly investigating or inquiring as to an applicant’s, insured’s or beneficiary’s sexual orientation or gender identity in an application for insurance coverage or in connection with an application, as well as from using information about gender, marital status, medical history, occupation, living arrangements, beneficiaries, zip codes or other territorial designations to determine sexual orientation or gender identity (8 V.S.A. § 4724(7)(C)(i)).
Insurers may not use sexual orientation, gender identity, or beneficiary designation in the underwriting process or in determining eligibility for insurance (8 V.S.A. § 4724(7)(C)(ii)).
In addition, state-regulated insurers may not discriminate between married couples and parties to a civil union with regard to offering insurance benefits to a couple, a spouse, a party to a civil union, or their families (8 V.S.A. § 4724(7)(E)).
Can I file more than one type of discrimination complaint at once?
Yes, if you are discriminated against based on more than one of the protected characteristics, you can file a complaint based on all of those characteristics. For example, if you are discriminated against because you are transgender and a Latina, you can file a complaint based on both of those characteristics.
How do I file a complaint of discrimination?
Where you file a complaint depends on the type of discrimination you have experienced (i.e. employment, housing, credit, etc.) and whether the party you are complaining against is a state agency. Sometimes you have more than one option about where to file
If you believe you have been discriminated against in the provision of credit services or retail installment contracts by a bank, credit union, mortgage broker, sales finance company, debt adjuster or money service, OR
If you believe you have been discriminated against by an insurance company or agent, including auto, homeowners, life, annuity, major medical, dental, long-term care or Medicare supplement.
You may file a complaint with the Vermont Department of Financial Regulation. There are links for filing a complaint at: File a Complaint or Ask for Help | Department of Financial Regulation or you can contact the Department at:
Department of Financial Regulation
Consumer Services
89 Main Street
Montpelier, VT 05620-3101
802-828-3301
833-DFR-Hotline (toll free)
If you believe you have been discriminated against with regard to an agricultural finance lease, you may file a complaint at: Vermont Attorney General’s Consumer Assistance Program at UVM OR contact:
Office of the Attorney General
Consumer Assistance Program
109 State Street
Montpelier, VT 05609-1001
(802) 656-3183
(800) 649-2424 (toll free)
ago.civilrights@vermont.gov
OR you can file a lawsuit with the Superior Court of the county where the alleged discrimination occurred.
Do I need a lawyer?
Not necessarily. The processes at all of these agencies are designed to allow people to represent themselves. However, GLAD strongly encourages people to find lawyers to represent them throughout any of these proceedings, as well as if you choose to file a claim directly in the Superior Court. Not only are there many legal rules governing these processes, but banks and other defendants are likely to have legal representation. GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.
What can I do to prepare myself before filing a complaint of discrimination?
Contact GLAD Answers by filling out the email form at GLAD Answers or by phone at 800-455-GLAD (4523) to talk about options.
Some people prefer to meet with an attorney to evaluate the strength of their claims before filing a case. It is always helpful to bring the attorney an outline of what happened, organized by date and with an explanation of who the various players are (and how to get in touch with them). GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.
Resources
Discrimination in Banking & Insurance: 10403. Prohibition on discrimination based on sex, marital status, race, color, religion, national origin, age, sexual orientation, gender identity, or disability.
Non-Discrimination in Financial Services: Non-Discrimination in Financial Services.
Cases & Advocacy
To see Discrimination cases or advocacy which GLAD has been directly involved with in Vermont, go to: Cases and Advocacy – GLAD and under “By Issue” click on “Discrimination” and under “By Location” click on “Vermont.”
News & Press Releases
To see news and press releases about Discrimination in Vermont, go to: News & Press Releases – GLAD and under “By Issue” click on “Discrimination” and under “By Location” click on “Vermont.”
Discrimination | Housing | Vermont
Vermont Housing Q&A
Does Vermont have an anti-discrimination law protecting LGBTQ+ individuals from discrimination in housing?
Yes. Vermont was among the first states to pass a comprehensive statewide law prohibiting sexual orientation discrimination in 1992 (See, 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).
These laws also prohibit discrimination against people living with HIV based on disability. For more information, see: HIV/AIDS – Know Your Rights – GLAD.
Does it also protect people perceived to be LGBTQ+ in housing?
As to sexual orientation, maybe.
As to gender identity, and as noted above, gender identity is defined as either “actual or perceived gender identity.” This language includes discrimination based upon perception.
What is prohibited by the housing anti-discrimination law in Vermont?
The housing laws prohibit discrimination based on sexual orientation or gender identity in transactions relating to residential housing— including buying, selling, renting, negotiating, listing, advertising, inspecting, or financing— and in the terms, conditions, privileges, services or facilities connected to those transactions (9 V.S.A. § 4501(5)(definition of “dwelling”) and § 4503(a)(setting forth unlawful practices). Also, mobile home park owners are prohibited from discriminating on the basis of sexual orientation or gender identity (10 V.S.A. § 6236 (e)(3)).
The housing law also prohibits discrimination based on marital status, and therefore applies to discrimination against same-sex couples who are married or in a civil union (15 V.S.A. § 1204 (e)(7)).
In addition, it is unlawful to coerce, intimidate, or threaten a person regarding a housing matter, or interfere with a person’s ability to exercise their rights to be free from discrimination in housing (9 V.S.A. § 4506(e)).
Are any landlords exempt from the housing anti-discrimination law?
There are two main exemptions from the law. One allows owners to disregard the law when the owner or a member of the owner’s immediate family resides in the building and the building has three units or less (9 V.S.A. § 4504 (2)).
The other exemption applies to religious institutions and the nonprofit institutes they operate, supervise or control. When such religious entities own or operate a dwelling for non-commercial purposes, they may give preference to persons of the same religion. These kinds of religious restrictions or preferences must be stated in the written policies and procedures of the religious entity (9 V.S.A. § 4504 (5)).
How do I file a complaint of discrimination?
Where you file a complaint depends on the type of discrimination you have experienced (i.e. employment, housing, credit, etc.) and whether the party you are complaining against is a state agency. Sometimes you have more than one option about where to file.
For Housing (as well as State Employment or Public Accommodations):
- If you believe you have been discriminated against in employment by a state agency, or if you believe you have been discriminated against in public accommodations (for example, denial of service in a retail establishment or other business), or in housing, you may file a complaint with:
The Vermont Human Rights Commission
14-16 Baldwin Street
Montpelier, VT 05633-6301
(800) 416-2010
(802) 828-1625
(802) 828-2481 (fax)
human.rights@vermont.gov
A complaint may be filed under oath in person, in writing, by fax or by e-mail stating the facts concerning the alleged discrimination.
- You may also file your case directly in the Superior Court of the county where the alleged discrimination occurred.
Do I need a lawyer?
Not necessarily. The processes at all of these agencies are designed to allow people to represent themselves. However, GLAD strongly encourages people to find lawyers to represent them throughout any of these proceedings, as well as if you choose to file a claim directly in the Superior Court. Not only are there many legal rules governing these processes, but landlords and other defendants are likely to have legal representation. GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.
What are the deadlines for filing a complaint of discrimination?
Complaints of discrimination with the Vermont Human Rights Commission must be filed within one year of the last discriminatory act or acts (Code of Vermont Rules 80-250-001, Rule 2). If you are going to bring a case directly in Superior Court, you should file within three years of the last discriminatory act, although under certain circumstances you may be able to file after that time. There are very few exceptions for lateness, and GLAD encourages people to move promptly in filing claims.
What happens after a complaint is filed with the Commission?
If you file with the Human Rights Commission, Commission staff will review your complaint to see if it meets the basic requirements for filing a discrimination claim. If they decide to investigate, a copy of your complaint is sent to the party against whom the complaint has been filed— the respondent— who has to respond to the allegations within fourteen (14) days (Code of Vermont Rules 80-250-001, Rule 10). The Commission then assigns an investigator, who will look into your claims to see if there are reasonable grounds to believe that you have been discriminated against. In doing so, the investigator may examine and copy records and documents, and conduct interviews of all relevant parties and witnesses. The five Commissioners appointed by the governor then decide whether there are reasonable grounds to credit your allegations (9 V.S.A. §§ 4551(a) and 4554(d) – (e)).
The Human Rights Commission allows the parties to engage in voluntary settlement discussions to resolve the case at any point during the investigative process. If these efforts fail, at the end of the investigation the Human Rights Commission issues findings stating whether there was a violation of law.
If reasonable grounds are found, the Commission will send the case for “conciliation” or settlement proceedings, unless the Commission finds an emergency. If negotiations fail to produce a settlement agreeable to all parties within six months, the Commission will either file a claim against the respondent in the Superior Court or dismiss the proceedings, unless the parties agree to an extension in order to complete ongoing negotiations (9 V.S.A. § 4554(e); Code of Vermont Rules 80-250-001, Rules 31-32).
If reasonable grounds of unlawful discrimination are not found, the case will be dismissed at the Commission (9 V.S.A. § 4554(d)).
At this point, or at any point in the process at the Commission, you may decide to file a case in court. It is crucial to always keep in mind the deadlines for filing such a case, as discussed above. If you do so while an investigation is pending at the Commission, the Commission will administratively dismiss the investigation although the Commission may file its own complaint regarding the matter or intervene in your court action (Code of Vermont Rules 80-250-001, Rule 27).
What are the legal remedies the court may award for discrimination if an individual wins his or her case there?
In housing (and public accommodations) cases, remedies may include injunctive relief, compensatory damages (expenses actually incurred because of unlawful action), and punitive damages (9 V.S.A. § 4506(a)). In addition, criminal penalties of fines up to $1000 may be imposed (9 V.S.A. § 4507).
In all of these cases, the court may grant attorney’s fees, cost (9 V.S.A. §4506(b)(public accommodations and housing); 21 V.S.A. §495b(2)(employment)) and other appropriate relief that is consistent with the purposes of the anti-discrimination laws (e.g. training programs, posting of notices, allowing person non-discriminatory access to and use of public accommodation).
Can I file more than one type of discrimination complaint at once, for example, if I believe I was discriminated against both because I am a lesbian and Latina?
Yes. The state anti-discrimination laws for employment forbid taking any action against someone because of sexual orientation and gender identity, as well as race, color, religion, national origin, sex, ancestry, place of birth, age, disability, HIV-related blood testing, family leave, and workers’ compensation. In public accommodations, the criteria are expanded to include marital status, but do not include age, ancestry and place of birth. In housing, the criteria are expanded to include intending to occupy a dwelling with one or more minor children and receipt of public assistance, but do not include ancestry and place of birth.
Can I also file a discrimination complaint with a federal agency?
Yes. Persons who identify as LGBTQ+ and believe they have experienced housing discrimination because of their actual or perceived sexual orientation or gender identity can assert their rights under the Fair Housing Act by filing a complaint with the U.S. Department of Housing and Urban Development (HUD). You can find more detailed information about the protections HUD provides to LGBTQ+ people here: https://www.hud.gov/program_offices/fair_housing_equal_opp/housing_discrimination_and_persons_identifying_LGBTQ+
There is information about filing a housing discrimination complaint with HUD here: https://www.hud.gov/program_offices/fair_housing_equal_opp/online-complaint.
The form for submitting a complaint can be found here: https://www.hud.gov/sites/documents/DOC_12150.PDF.
HUD views LGBTQ+ discrimination as a form of “sex” discrimination, so if you have a sexual orientation or gender identity complaint, you should indicate “sex” as the discrimination factor.
A HUD complaint must be filed within one year of the last act of discrimination. The statute of limitations for bringing fair housing complaints in federal courts is not later than two years after the occurrence or the termination of an alleged discriminatory housing practice. However, if an administrative case is filed with HUD, the statute of limitations is tolled during the period of time in which HUD is evaluating the complaint. In English, what that means is that the time HUD has the case does not count when calculating the two year statute of limitations.
Are there other options for filing a complaint for discrimination?
Possibly, depending on the facts of your particular situation. This publication concerns only Vermont anti-discrimination law, and you may well have other rights.
State or Federal Court: After or instead of filing with the Commission or HUD, you may decide to file the case in court. You may file in state court at any point within the time limitations, as discussed above.
In addition, you may wish to bring a court case to address other claims which are not appropriately handled by discrimination agencies, e.g., if you landlord is not meeting his obligation to provide a safe living space.
What can I do if my landlord evicts me because I filed a complaint of discrimination?
It is illegal to retaliate against someone for filing a discrimination claim, and you could file an additional complaint against the employer or landlord for retaliation. “Retaliation” protections cover those who participate in proceedings, or otherwise oppose unlawful conduct. If the employer or landlord takes action against an employee or tenant because of that conduct, then the employee or tenant can state a claim of retaliation (9 V.S.A. § 4506(e)(retaliation prohibited in public accommodations and housing); 21 V.S.A. § 495(a)(8) (retaliation prohibited in employment). See also Provencher v. CVS Pharmacy, 145 F.3d 5 (1st Cir. 1998) (upholding federal retaliation claim by a gay man who had brought a sexual harassment claim under Federal Title VII)).
What can I do to prepare myself before filing a complaint of discrimination?
Contact GLAD Answers by filling out the email form at GLAD Answers or by phone at 1-800-455-4523 (GLAD) to discuss options.
As a general matter, people who are still residing under discriminatory conditions have to evaluate how filing a case will affect their housing, and if they will be able to handle those possible consequences. Of course, even if a person has been evicted, they may decide it is not worth it to pursue a discrimination claim. This is an individual choice, which should be made after gathering enough information and advice to make an informed decision.
Some people prefer to meet with an attorney to evaluate the strength of their claims before filing a case. It is always helpful to bring the attorney an outline of what happened, organized by date and with an explanation of who the various players are (and how to get in touch with them). Bring a copy of your lease, along with any notices and letters you have received from your landlord. GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.
Resources
For more information about the Human Rights Commission complaint process see: Filing a Complaint | Human Rights Commission
For information about discrimination protections for people living with HIV, see: https://www.glad.org/issues/hivaids/.
For information about the HUD complaint process see:
Learn About the FHEO Complaint and Investigation Process | HUD.gov / US Department of Housing and Urban Development (HUD)
Cases & Advocacy
To see Discrimination cases or advocacy which GLAD has been directly involved with in Vermont, go to: Cases and Advocacy – GLAD and under “By Issue” click on “Discrimination” and under “By Location” click on “Vermont.”
News & Press Releases
To see news and press releases about Discrimination in Vermont, go to: News & Press Releases – GLAD and under “By Issue” click on “Discrimination” and under “By Location” click on “Vermont.”
Violence & Harassment | Hate Crimes & Harassment | Vermont
Vermont Hate Crimes Q&A
Does Vermont have a hate crimes law?
Yes. Vermont law imposes increased penalties for crimes committed because of hatred or animus toward the victim’s actual or perceived race, color, religion, national origin, sex, ancestry, age, service in the U.S. armed forces, disability, sexual orientation, or gender identity (13 V.S.A. § 1455).
In addition to being subject to criminal prosecution, the Attorney General’s office may seek civil penalties from a perpetrator of up to $5000 (payable to the state) plus costs and attorney’s fees for every violation of the criminal hate crimes statute and for violations of any injunctions imposed (see discussion below) (13 V.S.A. § 1466).
How does the law define what is a hate crime?
The hate crimes law applies to “[a] person who commits, causes to be committed or attempts to commit any crime and whose conduct is maliciously motivated by the victim’s actual or perceived race, color, religion, national origin, sex, ancestry, age, service in the U.S. armed forces, disability…, sexual orientation or gender identity” (13 V.S.A. § 1455).
According to the Attorney General’s office, assaults, unlawful mischief (damage or destruction of property), telephone harassment and disorderly conduct (by public yelling of threats and abuse) are the most common hate crimes in Vermont (www.ago.vermont.gov/divisions/civil-rights/hate-crimes.php).
Besides the police, who can I call if I think I’ve been a victim of a hate crime?
In addition to contacting the local police, you may contact the Civil Rights Unit of the Attorney General’s Office toll-free (in Vermont) at (888) 745-9195 or at (802) 828-3657 or AGO.CivilRights@vermont.gov.
What other options do I have if I think I have been the victim of a hate crime?
Victims of hate crimes can also file a civil claim in the Superior Court of the county where they live or where the crime occurred (13 V.S.A. § 1457). These claims can seek:
- an order to stop the hate-motivated behavior and restrict the perpetrator’s ability to contact you in any way;
- money damages to compensate for the injury caused by the crime;
- money damages to punish the perpetrator;
- costs and attorney’s fees; and
- any other relief the court thinks is appropriate.
Through this process, you have the right to obtain very similar protections to those available to domestic violence victims. (See discussion above). If you have been the victim of a hate crime or of a stalker, you can go to Superior Court and quickly obtain a preliminary order providing protection from the perpetrator of the hate crimes. This order may:
- prohibit the perpetrator from committing any crime against you or other people;
- prohibit the perpetrator from contacting you; and
- prohibit the perpetrator from coming near you, your home, or other places where you are likely to be (i.e. workplace, homes of family members, etc.).
This preliminary order will remain in effect for a period of time set by the court up to 120 days, or until there is a final decision in the case (13 V.S.A. § 1461).
A final order can be issued for up to two years, but the court can extend the order for any amount of time if it finds it is necessary to protect the victim. Violating these kinds of orders is a crime, subject to immediate arrest, imprisonment and fines (13 V.S.A. § 1461(c), 1465(a-b)).
In what ways might the federal hate crimes law help to investigate and prosecute hate crimes?
The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (see 18 U.S.C. § 249) was passed by Congress on October 22, 2009 and was signed into law by President Obama on October 28, 2009. It expands the 1969 United States federal hate crime law to include crimes motivated by a victim’s actual or perceived gender, sexual orientation, gender identity or disability.
First, and perhaps foremost, the Act allows local and state law enforcement agencies to apply for the following federal assistance from the U.S. Attorney General:
- investigative, technical, forensic or prosecutorial support for criminal investigations and prosecutions,
- grants for extraordinary expenses associated with the investigation and prosecution of hate crimes, and
- grants to combat hate crimes committed by juveniles.
In providing assistance to local and state authorities, the priorities are hate crimes:
- where the offender(s) has committed crimes in more than one state, or
- that occur in rural areas which do not have the resources needed to prosecute such crimes.
Second, for hate crimes that in some way involve crossing state or national borders, or involve or affect interstate commerce, and where a state does not have jurisdiction or has requested federal assumption of jurisdiction, or where the federal government feels that justice has not been served or that U.S. prosecution is in the public interest, the Act authorizes the federal government to prosecute the case.
The Act also requires the Federal Bureau of Investigation to track statistics on hate crimes on the basis of gender and gender identity (statistics for the other groups are already tracked) and on crimes committed by and against juveniles. This is the first federal law to explicitly extend legal protections to transgender persons.
Does Vermont have an anti-bullying law that protects public, independent and postsecondary students?
Yes. See the topic area “Rights & Protections” in the Issue Area “Youth.”
Resources
U.S. Department of Justice information about Vermont Hate Crimes: 2020 Hate Crime Statistics for Vermont.
Information from the Vermont Attorney General: Hate Crimes – Office of the Vermont Attorney General
Vermont’s hate crime law was amended in 2021 to make it easier to prosecute hate crimes, see: 1455. Hate-motivated crimes
Cases & Advocacy
To see Violence & Harassment cases or advocacy which GLAD has been directly involved with in Vermont, go to: Cases and Advocacy – GLAD and under “By Issue” click on “Violence & Harassment” and under “By Location” click on “Vermont.”
News & Press Releases
To see news and press releases about Violence & Harassment in Vermont, go to: News & Press Releases – GLAD and under “By Issue” click on “Violence & Harassment” and under “By Location” click on “Vermont.”
Violence & Harassment | Intimate Partner Violence | Vermont
Vermont Intimate Partner Violence Q&A
What is domestic violence?
Under the laws of domestic relations, “abuse” includes causing or trying to cause physical harm; causing fear of imminent serious physical harm; or abuse to children, which includes physical injury, neglect, emotional maltreatment or sexual abuse; stalking; and sexual assault (see 15 V.S.A. § 1101(1)).
Do the domestic violence laws apply to people in same-sex relationships?
In most situations, yes. These laws apply to abuse between family members, which includes civil union spouses, as well as between “household members,” which includes people who are living or have lived together, but also those who have or had a sexual relationship, or who are dating or have dated. To determine whether a dating relationship exists or existed, the court looks to whether the relationship is/was of a romantic nature, how long it has been/was going on, how often the parties interact/ed, and, if the parties have broken up, how long ago the relationship ended (15 V.S.A. § 1101(2)).
How do I get a court order protecting me from an abusive partner?
You can file a complaint seeking relief from abuse in the family division of the superior court in the county in which you live, or, if you have just fled your home, in either your new or old county. There is no fee (15 V.S.A. § 1103(f)).
If you are in immediate danger from harm, you can file an application for a temporary order (15 V.S.A. § 1104). That application can be filed in the criminal, civil or family division of the superior court (15 V.S.A. § 1102(b)). All of the courts are required to have procedures for people to file these applications after regular court hours, or on weekends and holidays (15 V.S.A. § 1106(b)). Temporary orders are generally issued upon request, based on the existence of a relationship between victim and offender that is covered by the law and a credible allegation of abuse or threats of abuse.
The order, a copy of which must be given to the abuser, will state a time within ten days of its being issued for the defendant to contest it (15 V.S.A. § 1104(b)). At the hearing, if the victim proves the abuse, the court will keep the order in effect and make other orders it deems necessary to keep the victim safe (15 V.S.A. § 1104(b)). Once an order is issued, it is filed with the Department of Public Safety’s abuse database. Police and sheriff’s departments, as well as state police district offices are also required to maintain procedures to make personnel aware of the existence and contents of abuse prevention orders (15 V.S.A. § 1107).
The order will stay in effect for a fixed period of time, at the end of which the court may extend it for as long as it deems necessary to protect the victim. The court does not have to find that abuse took place during the time covered by the order to extend it (15 V.S.A. § 1103(e)).
You don’t need a lawyer to get the temporary order, but it may be helpful to have one for later hearings if you think the abuser will contest the order. The court administrators may be able to connect you with agencies that help victims seek relief and gain access to the courts (15 V.S.A. § 1106(b)).
If for some reason you decide not to go through with the legal process, you should show up in court anyway and ask that the order be dismissed. Failure to show up might make the court think you are unreliable if you need legal help in the future.
Violation of an abuse order is a criminal offense and can result in the immediate arrest of the abuser, as well as imprisonment of up to six months and a fine of up to $1000 (15 V.S.A. § 1108(e)). It is worth noting that restraining orders do not restrict the abuse victim’s activities or contacts.
A victim may participate in an address confidentiality program, through which the Secretary of State gives the victim another address to use in order to keep the actual address confidential from the public (15 V.S.A. § 1152).
There are other laws that prohibit stalking, harassing and trespassing that may also apply to your situation, but are beyond the scope of this document. For more information, you may wish to consult the Vermont Center for Crime Victim Services at 1-800-750-1213 (Toll Free in Vermont Only) or (803) 241-1250 or Vermont Center for Crime Victim Services.
If I go to court, will I “out” myself for all purposes?
Not necessarily. The courts try to be sensitive to the fact that some people seeking orders may be closeted or may be in a same-sex relationship that they do not want revealed. A relief-from-abuse order is a public record, however.
Where can I go to get help?
In addition to the local police and district attorney, you can contact the Vermont Network Against Domestic Violence and Sexual Assault at Vermont Network, at vtnetwork@vtnetwork.org (email) or 1-800-228-7395. They can provide you with information and assistance and connect you to resources in your area.
Does domestic violence play a role in custody decisions?
Yes. Evidence that a parent has in the past, or is presently, abusing the other parent or the child is a factor showing that that parent is not acting in the best interests of the child (15 V.S.A. § 665(b)(9)).
Resources
Information from Vermont Network Against Domestic Violence: Vermont Network.
Domestic Violence Resources: Domestic Violence Resources | Department for Children and Families.
Prevent Domestic Violence and Sexual Violence: Prevent Domestic and Sexual Violence | Vermont Department of Health
Cases & Advocacy
To see Violence & Harassment cases or advocacy which GLAD has been directly involved with in Vermont, go to: Cases and Advocacy – GLAD and under “By Issue” click on “Violence & Harassment” and under “By Location” click on “Vermont.”
News & Press Releases
To see news and press releases about Violence & Harassment in Vermont, go to: News & Press Releases – GLAD and under “By Issue” click on “Violence & Harassment” and under “By Location” click on “Vermont.”
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