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VT lawmakers consider ban on weight, hair-type bias, $15 minimum wage, other bills

November 2021 employment law letter
Authors: 
Haley Peterson, Dinse P.C.

As employers continue to navigate the ever-changing COVID-19 landscape, here is an update on recent changes to Vermont workplace laws, and potential legislation on the horizon, not involving the infectious virus.

Discrimination

During the 2021 legislative session, Senate Bill (SB) 35 was introduced to amend the Vermont Fair Employment Practices Act (FEPA) and prohibit discrimination based on weight and hair type. If the bill is ultimately passed, it will be unlawful for employers to discriminate against an individual because of weight (as well as race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity, place of birth, crime victim status, age, or disability).

SB 35 also proposes to define race as follows: “‘Race’ includes traits associated with or perceived to be associated with race, including hair type, hair texture, and hair styles, including afros, braids, locks, and twists.” The bill was referred to the Senate Judiciary Committee. It highlights the potential for social justice issues to shape employment laws.

Minimum wage

Vermont’s minimum wage is increasing to $12.55 an hour on January 1, 2022. Bills currently in the House and Senate would raise the rate to $15 by 2025.

Potential PFLA expansion

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