Signed by Governor Phil Scott

Vote Smart's Synopsis:

Vote to pass a bill that amends state workplace sexual harassment policies.

Highlights:

• Specifies that all individuals engaging another individual in work services have an obligation to ensure a working relationship with that individual that is free from sexual harassment (Sec. 1).

• Requires employers to provide employees a written copy of their sexual harassment policy if changes are made to the policy (Sec. 1).

• Prohibits an employer from requiring an employee or prospective employee to sign an agreement or waiver as a condition of employment that either (Sec. 1):

• Prohibits, prevents, or restricts the employee or prospective employee from opposing, disclosing, reporting, or participating in an investigation of sexual harassment; or

• Claims to waive a substantive or procedural right or remedy with respect to a claim of sexual harassment. 

• Specifies that any provision of an agreement in violation of the above highlight will be considered void and unenforceable (Sec. 1).

• Prohibits any agreement to settle a claim of sexual harassment from preventing or restricting the employee from working for the employer or any parent company, subsidiary, division, or affiliate of the employer (Sec. 1).

• Authorizes the Attorney General to conduct workplace audits (Sec. 1).

• Authorizes the Attorney General or Human Rights Commission to require an employer to hold (Sec. 1):

• An annual education and training program for all employees regarding sexual harassment; and

• An annual education and training program for supervisory and managerial employees including, but not limited to, their specific responsibilities regarding sexual harassment, and the actions that these employees must take to ensure immediate and appropriate corrective action in addressing harassment complaints.

• Requires the Attorney General and the Human Rights Commission to develop and implement enhanced mechanisms for employees and members of the public to submit complaints of discrimination and sexual harassment in employment through a website and telephone hotline, on or before December 15, 2018 (Sec. 4).

• Requires the Vermont Commission on Women, after consulting the Attorney General and the Human Rights Commission, to develop a public education and outreach program centered on sexual harassment (Sec. 5).

• Appropriates $125,000 to the Vermont Commission on Women from the General Fund in fiscal year 2018 (Sec. 5).

• Requires individuals filing a sexual harassment complaint to give notice of the action to the Attorney General and the Human Rights Commission within 14 days after the complaint is filed (Sec. 7).

Full Bill Text