Vermont Hiring laws & HR compliance analysis

Vermont Hiring: What you need to know

Discrimination. Under the Vermont Fair Employment Practices Act, employers may not make inquiries of or impose qualifications on prospective employees based on race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity, place of birth, age, or physical or mental condition, unless membership in a particular group is a bona fide occupational qualification (BFOQ). (Vt. Stat. tit. 21, § 494 et seq.). The BFOQ exception applies only in limited circumstances, and in general, courts have been extremely reluctant to sanction otherwise discriminatory practices on BFOQ grounds. More information is available at theVermont Discrimination and Disabilities (ADA) sections.
Equal employment. In Vermont, employers may not discriminate between employees based on sex by paying wages to employees of one sex at a lower rate than to employees of the other sex for equal work that requires equal skill, effort, and responsibility and is performed under similar working conditions.
Veterans’ preference.In public employment, veterans and, in some cases, their spouses are entitled to preference in hiring (Vt. Stat. tit. 20, § 1543).
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Criminal history. Employers are prohibited from asking about an applicant’s criminal history record on its initial job application form. An employer may inquire about an applicant’s criminal history record during an interview or once the applicant has been deemed otherwise qualified for the position (Vt. Stat. tit. 21, § 495(j)).
If an employer inquires about an applicant’s criminal history record information, the applicant, if still eligible for the position under applicable federal or state law, must be afforded an opportunity to explain the information and the ...

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