Vermont Fair Hiring Laws

Various laws are in effect that impact employment, including some that dictate the regulations around recruiting and hiring new employees. Review our detailed guide to fair hiring laws in Vermont and how they differ from federal regulations.

What Are Fair Hiring Laws?

Fair hiring laws are regulations administered federally by the Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL). They apply across all states in the U.S., although some states have stricter laws in place. More than 180 laws cover workplace activities, protecting more than 165 million workers. Some of these are related to the process of recruiting and hiring new employees.

What Are “Ban-the-Box” Laws?

Ban-the-box laws limit when an employer can ask about a candidate’s criminal history during the hiring process. The term refers to eliminating the box that must be checked on a traditional application when the individual has such a record.

Vermont’s “Ban-the-Box” law prohibits employers from requesting a candidate’s criminal record on an application. There is an exception for jobs where a criminal offense disqualifies someone for employment. Even in that case, the candidate must be allowed to explain the circumstances.

Does Vermont Have Fair Hiring Laws That Differ from Federal Fair Hiring Laws?

Yes, Vermont has some provisions that differ from federal fair hiring laws, as outlined in the Vermont Fair Employment Practices Act (FEPA). This law applies to all public and private employers and membership in labor organizations.

Do Vermont Hiring Laws Match or Differ from the Federal Equal Pay Act (EPA)?

Vermont’s FEPA matches the federal EPA preventing employers from paying women less than men for the same job, and adds some additional provisions. Employers must not pay similarly qualified individuals different wages based on sex or gender identity. The law outlines specific instances where a pay differential may be warranted: seniority, merit, earnings based on quantity of production, or a bona fide reason that must be justified as a legitimate business concern.

Do Vermont Hiring Laws Match or Differ from the Age Discrimination in Employment Act (ADEA)?

Whereas the ADEA says that employers may not discriminate against prospective employees over age 40, Vermont law prohibits hiring discrimination against a person age 18 or older.  

Do Vermont Hiring Laws Match or Differ from the Americans with Disabilities Act (ADA)?

The Vermont FEPA matches the federal ADA preventing hiring discrimination based on physical or mental disability. Federal law applies to businesses with 15 or more employees while Vermont law applies to employers with one or more employee(s).

Do Vermont Hiring Laws Match or Differ from the Genetic Information Nondiscrimination Act (GINA)?

The Vermont FEPA matches the federal GINA, preventing employers from making hiring decisions based on a person’s genetic information, and includes an additional provision: employers may not discriminate based on someone’s HIV+ status.

Do Vermont Hiring Laws Match or Differ from Title VII of the Civil Rights Act of 1964?

The Civil Rights Act of 1964 prohibits hiring discrimination based on race, color, religion, sex, or national origin. Vermont’s FEPA matches the federal law with some additions. It also prohibits employment discrimination based on sexual orientation, gender identity, ancestry, place of birth, crime victim status, and health insurance coverage status.

Are There Different Fair Hiring Laws in Cities or Municipalities Across Vermont?

There are no cities in Vermont with different fair hiring laws. 

With the right tools, ensuring fairness when recruiting and hiring doesn’t have to cause problems. Learn more about the applicant tracking capabilities built into WorkforceHub, like automation of data tracking and reporting for valuable insights. We can help your business maintain compliance with fair hiring regulations.