Does Vermont harassment law cover my employer, even a very small one?

Almost certainly yes on size. 21 V.S.A. 495d(1) defines an employer as any individual, organization or governmental body, domestic or foreign, and any agent of one, that has one or more individuals performing services for it within the state, with no minimum headcount and no calendar weeks requirement. 21 V.S.A. 495h(a)(2) reaches further for harassment, stating that all persons who engage a person to perform work or services have an obligation to ensure a working relationship free from sexual harassment, which brings in contractor and freelance relationships. Federal Title VII by contrast needs 15 employees, so a Vermonter at a three person company can have a full state claim and no federal one.

What kinds of harassment does Vermont law cover?

21 V.S.A. 495(a)(1) makes it unlawful for an employer, employment agency or labor organization to harass or discriminate because of race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity, place of birth, crime victim status, or age, or against a qualified individual with a disability. The word harass appears in the statute itself rather than being read into terms and conditions of employment. Two entries go well beyond federal law: 21 V.S.A. 495(c) applies the age provisions for the benefit of persons 18 years of age or older rather than 40, and crime victim status is defined at 21 V.S.A. 495d(15) to include people holding relief from abuse or anti-stalking orders and certain family members. 21 V.S.A. 495d(17) also builds hair type, hair texture, hairstyles and protective hairstyles into the definition of race.

Does harassment have to be severe or pervasive in Vermont?

The statute says otherwise. 21 V.S.A. 495d(13)(B) states that sexual harassment need not be severe or pervasive in order to be unlawful under the subchapter, which removes the threshold that defeats many federal claims. The definition of harassment at 21 V.S.A. 495d(16) adds that the determination is made on the record as a whole under the totality of the circumstances and that a single incident may constitute unlawful harassment, and that incidents are considered in the aggregate across different types of conduct and different characteristics. These definitions come from recent amendments to 21 V.S.A. 495d, so if your harassment happened several years ago, ask a Vermont lawyer which version of the standard applies to your dates.

Can conduct outside the workplace or online count as harassment in Vermont?

Vermont addresses this in the statute, which few states do. 21 V.S.A. 495d(16)(C) provides that conduct may constitute harassment regardless of whether, among other things, the conduct occurred outside the workplace, and the same list covers conduct where the complaining employee was not the person targeted, acquiesced or participated, kept performing their job, or suffered no physical or psychological injury. 21 V.S.A. 495d(13)(A) separately defines sexual harassment to include verbal, physical, written, auditory or visual conduct of a sexual nature, which on its face takes in messages, images and recordings. As with the rest of that section, these provisions come from recent amendments, so confirm the timing against your own dates.

Can a Vermont employer make me sign an NDA about harassment?

Not as a condition of employment. 21 V.S.A. 495h(g)(1) bars an employer from requiring any employee or prospective employee, as a condition of employment, to sign an agreement or waiver that prohibits, prevents or otherwise restricts the person from opposing, disclosing, reporting or participating in an investigation of sexual harassment, or that purports to waive a substantive or procedural right or remedy, and 495h(g)(2) makes such a provision void and unenforceable. Settlements are regulated too: 21 V.S.A. 495h(h)(1) bans no rehire clauses in sexual harassment settlements, and 495h(h)(2) requires the agreement to state expressly that it does not prevent you from lodging a complaint with the Attorney General, a State's Attorney, the Human Rights Commission, the EEOC or any other State or federal agency, or from testifying or assisting in an investigation.

Should I file a charge with the EEOC if I work in Vermont?

Yes, and confirm the federal deadline with the EEOC directly. A charge is due within 180 days of the discriminatory act, extended to 300 days where a state or local agency enforces a law prohibiting the same discrimination, and Title VII reaches employers with 15 or more employees. Vermont is unusual in that its enforcer is a unit of the Attorney General's office rather than a conventional fair employment commission, so rather than assume which of the two federal periods applies to you, ask the EEOC when you contact it. Because Vermont state law has no agency deadline at all, the federal charge is the clock most likely to run out first.

Filing a Workplace Harassment Complaint in Vermont

Reviewed by DocDraft Legal Team - Vermont - Last updated September 15, 2026

Vermont does not have an employment civil rights commission, and that is the finding rather than a gap in this page. Under 9 V.S.A. 4552(c), all complaints of unlawful discrimination under the Fair Employment Practices Act are referred to the Attorney General's office for investigation and enforcement. The Vermont Human Rights Commission has employment jurisdiction in one situation only, which 9 V.S.A. 4552(b)(1) describes as when the party complained against is a State agency, and otherwise handles housing and public accommodations. The Attorney General's Civil Rights Unit is a prosecutor, not a gatekeeper, and Vermont routes harassment through its consumer protection machinery to do it. Under 21 V.S.A. 495b(a)(1) the Attorney General or a State's Attorney enforces the Act by restraining prohibited acts, seeking civil penalties, obtaining assurances of discontinuance, and conducting civil investigations under the procedures in 9 V.S.A. 2458 through 2461, as though an unlawful employment practice were an unfair act in commerce. The unit investigates, offers free mediation, and can go to court for damages, injunctive relief and civil penalties, but it is choosing its own cases rather than issuing you a ticket to court. You do not need its permission. 21 V.S.A. 495b(b) gives any person aggrieved by a violation of the subchapter a direct action in Superior Court, seeking compensatory and punitive damages or equitable relief, including restraint of prohibited acts, restitution of wages or other benefits, reinstatement, costs, reasonable attorney's fees, and other appropriate relief. 9 V.S.A. 4554(f) says the same thing from the other direction, providing that failure to file a complaint with the Commission does not affect other remedies available under State or federal law. That leaves Vermont with an unusual shape. There is no 180 day agency window to miss, and the Fair Employment Practices Act does not state a deadline for the court action either. The one hard number in the statute runs backward: under 21 V.S.A. 495n a person who files a sexual harassment claim in which neither the Attorney General nor the Human Rights Commission is a party must notify both within 14 days after filing the complaint. Because the Act supplies no period of its own, how long you have to sue is governed by Vermont's general civil limitation statutes, which is a question to put to a Vermont employment lawyer early rather than late. If your situation involves assault, threats or stalking, contact emergency services and speak with an attorney.

Find out where you stand in Vermont

Where are you with the harassment complaint?

DocDraft provides document preparation, not legal advice.

How long do I have to file a workplace harassment complaint in Vermont?

Vermont sets no administrative filing deadline, because there is no required agency step. 21 V.S.A. 495b, the enforcement section, states no limitation period for the private Superior Court action either, and 9 V.S.A. 4554, the Human Rights Commission's complaint section, sets no filing period against a complainant. That means the deadline comes from Vermont's general civil limitation statutes rather than from the Fair Employment Practices Act, which is a question worth putting to a Vermont employment lawyer quickly rather than assuming. Your federal EEOC charge clock is running separately and is much shorter, so treat that as the near deadline.

Do I have to file with a state agency before I can sue for harassment in Vermont?

No. 21 V.S.A. 495b(b) gives any person aggrieved by a violation of the subchapter a direct action in Superior Court, with no charge and no right to sue letter in the process. 9 V.S.A. 4554(f) confirms it, providing that failure to file a complaint with the Human Rights Commission does not affect any other remedies available under State or federal law. Reporting to the Attorney General's Civil Rights Unit is optional, and skipping it forfeits nothing.

Which Vermont agency handles a workplace harassment complaint?

It depends on who your employer is. 9 V.S.A. 4552(c) refers all complaints under the Fair Employment Practices Act to the Attorney General's office for investigation and enforcement, so the Civil Rights Unit there is the usual destination. 9 V.S.A. 4552(b)(1) gives the Human Rights Commission employment jurisdiction only when the party complained against is a State agency, along with housing and public accommodations generally. Neither body acts as your lawyer, and 9 V.S.A. 4554(g) states that the Commission does not represent the charging party or the respondent and does not favor any party.

There is no employment civil rights commission here, and the only mandatory deadline in the statute runs after you sue rather than before.

Vermont has no employment civil rights commission, and the Attorney General does this work. 9 V.S.A. 4552(c) refers all complaints under the Fair Employment Practices Act to the Attorney General's office for investigation and enforcement, and the Civil Rights Unit there handles them. 9 V.S.A. 4552(b)(1) gives the Human Rights Commission jurisdiction over employment only when the party complained against is a State agency, alongside its housing and public accommodations work. Which body you approach therefore depends on who your employer is, not on what happened.

Relevant Laws

9 V.S.A. 4552(c): Employment Complaints Go to the Attorney General, Not a Commission

All complaints of unlawful discrimination under the Fair Employment Practices Act are referred to the Attorney General's office for investigation and enforcement. Vermont has no employment civil rights commission for private employers.

9 V.S.A. 4552(b)(1): The Human Rights Commission Handles State Agency Employers

The Commission has employment jurisdiction when the party complained against is a State agency, and otherwise handles housing and public accommodations. Identify your employer type before choosing where to report.

21 V.S.A. 495b(b): A Direct Superior Court Action With No Agency Step

Any person aggrieved by a violation may bring an action in Superior Court seeking compensatory and punitive damages or equitable relief, including restitution of wages, reinstatement, costs and reasonable attorney's fees. No charge, exhaustion step or right to sue letter is required.

21 V.S.A. 495b and 9 V.S.A. 4554: No Deadline Appears in the Act Itself

Neither the enforcement section nor the Commission's complaint section states a filing period running against a complainant. Because the limitation period comes from Vermont's general civil statutes instead, confirm your date with a Vermont employment lawyer early.

21 V.S.A. 495d(1): One Individual Performing Services in the State

Employer means any individual, organization or governmental body, domestic or foreign, and any agent of one, with one or more individuals performing services for it within Vermont. There is no headcount threshold and no calendar weeks test.

Regional Variances

How Vermont differs

Vermont prosecutes workplace harassment through its consumer protection machinery.

Vermont prosecutes workplace harassment through its consumer protection machinery. 21 V.S.A. 495b(a)(1) has the Attorney General or a State's Attorney enforce the Act by restraining prohibited acts, seeking civil penalties, obtaining assurances of discontinuance, and conducting civil investigations under the procedures in 9 V.S.A. 2458 through 2461, as though an unlawful employment practice were an unfair act in commerce. The relief available includes civil penalties payable to the State as well as relief to an aggrieved employee. Reporting to the unit costs nothing and can lead to free mediation, but the unit picks its own enforcement priorities.

Nothing expires because you did not go to an

Nothing expires because you did not go to an agency first. 21 V.S.A. 495b(b) gives any person aggrieved by a violation a direct action in Superior Court, with no charge, no exhaustion step and no right to sue letter anywhere in the process. 9 V.S.A. 4554(f) confirms it from the other side, providing that failure to file a complaint with the Human Rights Commission does not affect other remedies available under State or federal law. 9 V.S.A. 4554(g) also states that the Commission does not represent the charging party or the respondent and does not favor any party.

The one mandatory deadline in the Vermont statute runs

The one mandatory deadline in the Vermont statute runs after you sue, not before. 21 V.S.A. 495n provides that a person who files a claim of sexual harassment under 21 V.S.A. 495b in which neither the Attorney General nor the Human Rights Commission is a party shall provide notice of the action to both within 14 days after filing the complaint, and the notice may be submitted electronically and must include a copy of the filed complaint. The point of it is that those bodies may then intervene to seek remedies or file a statement with the court on questions of law without becoming a party. The section states no penalty for missing the 14 days, but it is a statutory duty and it is easy to overlook precisely because nothing before it was mandatory.

Suggested Compliance Checklist

21 V.S.A. 495h(a): An Affirmative Obligation That Reaches Contractors

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Employers, employment agencies and labor organizations must ensure a workplace free of sexual harassment, and all persons who engage a person to perform work or services must ensure a working relationship free from it. That second clause reaches relationships that are not employment.

21 V.S.A. 495h(b) and (c): Written Policy, Poster and Individual Copy

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Every employer must adopt a policy with the six listed elements, post a poster with at least those elements in a prominent and accessible location, and give every employee an individual written copy, including a copy to each new hire and an updated copy on any change. The internal complaint process element applies to employers with more than five employees.

21 V.S.A. 495h(g) and (h): Void NDAs and Required Settlement Language

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An agreement required as a condition of employment that restricts opposing, disclosing, reporting or participating in an investigation of sexual harassment is void and unenforceable. Sexual harassment settlements may not contain no rehire clauses and must state expressly that they do not bar agency complaints or cooperation.

21 V.S.A. 495(a)(8): Retaliation Cover Includes Anticipated and Perceived Complaints

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Protection reaches a person who opposed a prohibited practice, lodged a complaint or assisted an investigation, is known by the employer to be about to lodge a complaint, or is believed by the employer to have done so. Record the date the employer learned of your complaint.

Task	Description	Document	Days after starting
21 V.S.A. 495h(a): An Affirmative Obligation That Reaches Contractors	Employers, employment agencies and labor organizations must ensure a workplace free of sexual harassment, and all persons who engage a person to perform work or services must ensure a working relationship free from it. That second clause reaches relationships that are not employment.	-	See your deadline
21 V.S.A. 495h(b) and (c): Written Policy, Poster and Individual Copy	Every employer must adopt a policy with the six listed elements, post a poster with at least those elements in a prominent and accessible location, and give every employee an individual written copy, including a copy to each new hire and an updated copy on any change. The internal complaint process element applies to employers with more than five employees.	-	See your deadline
21 V.S.A. 495h(g) and (h): Void NDAs and Required Settlement Language	An agreement required as a condition of employment that restricts opposing, disclosing, reporting or participating in an investigation of sexual harassment is void and unenforceable. Sexual harassment settlements may not contain no rehire clauses and must state expressly that they do not bar agency complaints or cooperation.	-	See your deadline
21 V.S.A. 495(a)(8): Retaliation Cover Includes Anticipated and Perceived Complaints	Protection reaches a person who opposed a prohibited practice, lodged a complaint or assisted an investigation, is known by the employer to be about to lodge a complaint, or is believed by the employer to have done so. Record the date the employer learned of your complaint.	-	See your deadline

Frequently Asked Questions

Other Vermont guides

Adverse Possession in Vermont: Fifteen Years and the Public, Pious or Charitable Use Exemption

Asset Protection Planning in Vermont (2026)

Dealing With Debt Collectors in Vermont (2026)

Expunging a Criminal Record in Vermont (2026)

Filing Chapter 7 Bankruptcy in Vermont (2026)

Firing an Employee in Vermont (2026)

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