Vermont Workplace Harassment Laws: 1-Employee Rule, 6-Year Limit

Workplace harassment is illegal in Vermont under 21 V.S.A. § 495(a)(1), which makes it an unlawful employment practice "for any employer, employment agency, or labor organization to harass or discriminate against any individual" because of a protected characteristic. The Fair Employment Practices Act covers any employer with one or more individuals performing services for it in Vermont (§ 495d(1)), and since July 1, 2023 the statute says harassment "need not be severe or pervasive" to be unlawful (§ 495(k)(1)).

The court route is direct: a person aggrieved by a violation may sue directly in Superior Court (§ 495b(b)), with six years to bring the action (12 V.S.A. § 525). For other states, see workplace harassment laws by state.

Information last verified on 2026-10-20. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Vermont state law on workplace harassment by employers, supervisors and coworkers under the Fair Employment Practices Act, 21 V.S.A. §§ 495, 495b, 495d, 495h and 495n, and the limitations period in 12 V.S.A. § 525. It does not cover wrongful firing or the full complaint and lawsuit procedure (see Vermont wrongful termination), damages estimates, criminal harassment or stalking, harassment outside employment, or federal-employee procedure.

Vermont harassment rules at a glance

What Vermont law prohibits

Section 495(a)(1) puts harassment in the same clause as discrimination:

"(1) For any employer, employment agency, or labor organization to harass or discriminate against any individual 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." (21 V.S.A. § 495(a)(1))

The statutory definition of harass

Section 495d(16) defines "harass" as engaging in "unwelcome conduct based on an employee's race, color, religion, national origin, sex, sexual orientation, gender identity, ancestry, place of birth, age, crime victim status, or physical or mental condition that interferes with the employee's work or creates a work environment that is intimidating, hostile, or offensive."

The same definition tells decision-makers how to judge it:

• The determination "shall be made on the basis of the record as a whole, according to the totality of the circumstances, and a single incident may constitute unlawful harassment" (§ 495d(16)(A)).
• Incidents "shall be considered in the aggregate with varying types of conduct and conduct based on multiple characteristics viewed in totality rather than in isolation" (§ 495d(16)(B)).
• Conduct may be harassment regardless of whether, among other things, "the complaining employee was able to continue carrying out the employee's job duties and responsibilities despite the conduct," "the conduct resulted in a physical or psychological injury," or "the conduct occurred outside the workplace" (§ 495d(16)(C)).

Sexual harassment

Section 495d(13)(A) states that sexual harassment "is a form of sex discrimination" and defines it as "unwelcome sexual advances, requests for sexual favors, and other verbal, physical, written, auditory, or visual conduct of a sexual nature when: (i) submission to that conduct is made either explicitly or implicitly a term or condition of employment; (ii) submission to or rejection of such conduct by an individual is used as a component of the basis for employment decisions affecting that individual; or (iii) the conduct has the purpose or effect of interfering with an individual's work or creating an intimidating, hostile, or offensive work environment."

The first two prongs describe what is often called quid pro quo harassment; the third describes a hostile work environment. Section 495h(a)(1) adds that "all employers, employment agencies, and labor organizations have an obligation to ensure a workplace free of sexual harassment."

The legal standard: not severe or pervasive

Vermont's legislature replaced the court-made severe-or-pervasive test by statute, effective July 1, 2023 (2023 Act No. 80):

"(k) Notwithstanding any State or federal judicial precedent to the contrary: (1) harassment and discrimination need not be severe or pervasive to constitute a violation of this section; and (2) behavior that a reasonable employee with the same protected characteristic would consider to be a petty slight or trivial inconvenience shall not constitute unlawful harassment or discrimination pursuant to this section." (21 V.S.A. § 495(k))

Section 495d(13)(B) repeats the rule for sexual harassment: "Sexual harassment need not be severe or pervasive in order to be unlawful pursuant to this subchapter."

Which Vermont employers are covered

Vermont has a one-person threshold. Section 495d(1) defines employer as any individual, organization or governmental body, listing many business forms, "and any agent of such employer, that has one or more individuals performing services for it within this State." The definition of employee in § 495d(2) is broad as well: "every person who may be permitted, required, or directed by any employer, in consideration of direct or indirect gain or profit, to perform services."

For sexual harassment, the duty reaches past the employment relationship. Section 495h(a)(2) provides that "all persons who engage a person to perform work or services have an obligation to ensure a working relationship with that person that is free from sexual harassment."

Federal Title VII, by comparison, defines employer as a person with "fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year" (42 U.S.C. § 2000e(b)).

Protected characteristics under Vermont law

The Fair Employment Practices Act protects against harassment because of:

• race, which "includes traits associated with or perceived to be associated with race, including hair type, hair texture, hairstyles, and protective hairstyles" (§ 495d(17))
• color
• religion
• ancestry
• national origin
• sex
• sexual orientation
• gender identity
• place of birth
• crime victim status, which § 495d(15) defines to include a person with a relief-from-abuse order, an order against stalking or sexual assault, or an order against abuse of a vulnerable adult; a victim identified in a law enforcement affidavit filed with a prosecutor; and, since June 18, 2026, a survivor of domestic violence, sexual assault or stalking with supporting documentation, which may be a self-attestation
• age, protected "for the benefit of persons 18 years of age or older" (§ 495(c))
• disability (§ 495(a)(1) protects "a qualified individual with a disability"; the § 495d(16) definition of harass refers to "physical or mental condition")

Section 495(a) also contains a separate subdivision on HIV-related blood tests (§ 495(a)(5)).

Employer and individual responsibility

Every employer has a statutory "obligation to ensure a workplace free of sexual harassment" (§ 495h(a)(1)). The definition of employer in § 495d(1) includes "any agent of such employer"; the statute's text does not say in terms whether an individual supervisor or coworker can be sued personally.

Enforcement runs on two tracks. The Attorney General or a State's Attorney may enforce the subchapter (§ 495b(a)(1)), and "any person aggrieved by a violation of the provisions of this subchapter may bring an 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" (§ 495b(b)).

Retaliation for complaining

Under § 495(a)(8), an employer, employment agency or labor organization "shall not discharge or in any other manner discriminate against any employee because the employee: (A) has opposed any act or practice that is prohibited under this chapter; (B) has lodged a complaint or has testified, assisted, or participated in any manner with the Attorney General, a State's Attorney, the Department of Labor, or the Human Rights Commission in an investigation of prohibited acts or practices," among other protected conduct. How a firing after a complaint fits with Vermont's default employment rule is covered on the Vermont at-will employment page.

Deadlines and where to file

• Court: § 495b(b) lets an aggrieved person bring an action in Superior Court; the section does not require a charge with an agency first. Under 12 V.S.A. § 525, "an action under ... 21 V.S.A. § 495b (employment discrimination) shall be commenced within six years after the cause of action accrues and not after." That rule took effect May 31, 2022. A person who files a sexual harassment claim under § 495b in a case where neither the Attorney General nor the Human Rights Commission is a party must give notice of the action, with a copy of the filed complaint, to both within 14 days after filing; the Human Rights Commission (in a case where the State is a party) or the Attorney General (in a case where the State is not a party) may then intervene or, without becoming a party, file a statement with the court on questions of law (21 V.S.A. § 495n).
• State agency: the Attorney General's Civil Rights Unit takes employment discrimination complaints. Its employment law page says the unit is "a 'deferral agency' for the U.S. Equal Employment Opportunity Commission," so complaints under federal law "may be filed with this agency instead of, or in addition to filing with the EEOC."
• Federal-law claims: the same page says "most claims of violation of federal law must be filed with this agency within 300 days of the last incident of discrimination." That 300-day period applies to federal-law claims; the six-year period applies to a state-law action under § 495b.

The full complaint and lawsuit procedure and the remedies available are on the Vermont wrongful termination page. The Vermont employment discrimination settlement calculator is an estimating tool, not a prediction of any outcome.

Sexual harassment policy, poster and training

What every employer must do

Section 495h(b) applies to every employer, with no size threshold. Each employer must:

1. "Adopt a policy against sexual harassment" that includes the elements the subsection lists. One element applies only to larger employers: "if the employer has more than five employees, a description of the process for filing internal complaints about sexual harassment and the names, addresses, and telephone numbers of the person or persons to whom complaints should be made" (§ 495h(b)(1)(E)).
2. "Post in a prominent and accessible location in the workplace, a poster providing, at a minimum, the elements of the employer's sexual harassment policy" (§ 495h(b)(2)).
3. "Provide to all employees an individual written copy of the employer's policy against sexual harassment" (§ 495h(b)(3)).

Section 495h also provides for a copy of the policy to new employees on hire and for a model policy and poster from the Commissioner of Labor.

Training is encouraged, not required

Section 495h(f)(1) uses permissive language: "Employers and labor organizations are encouraged to conduct an education and training program for all new employees and members that includes at a minimum all the information outlined in this section within one year after commencement of employment." The subsection goes on to encourage further training, including for supervisors.

Training can become mandatory for a particular employer. Under § 495h(i)(2), "if the Attorney General or the Human Rights Commission determines that it is necessary to ensure the employer's workplace is free from sexual harassment, the employer may be required, for a period of up to three years, to provide an annual education and training program that satisfies the provisions of subdivision (4) of this subsection to all employees or to conduct an annual, anonymous working-climate survey, or both."

NDAs, waivers and settlement agreements

Section 495h(g) limits agreements an employer imposes as a condition of employment:

"(g)(1) An employer shall not require any employee or prospective employee, as a condition of employment, to sign an agreement or waiver that does either of the following: (A) prohibits, prevents, or otherwise restricts the employee or prospective employee from opposing, disclosing, reporting, or participating in an investigation of sexual harassment; or (B) except as otherwise permitted by State or federal law, purports to waive a substantive or procedural right or remedy available to the employee with respect to a claim of sexual harassment. (2) Any provision of an agreement that violates subdivision (1) of this subsection shall be void and unenforceable." (21 V.S.A. § 495h(g))

Two limits matter. The rule covers agreements required "as a condition of employment," and it is written for sexual harassment. Sections 495h(h) and 495(i) add rules for settlement agreements: a settlement may not bar the employee from future work for the employer, and a sexual harassment settlement must expressly preserve the employee's ability to file agency complaints, testify, comply with discovery and engage in concerted activity, and must expressly state that it does not waive rights or claims that arise after the agreement is executed. A provision that violates these settlement rules is void and unenforceable as to the individual who made the claim (§ 495h(h)(2)-(3)).

Federal law adds limits for sexual harassment disputes (the Speak Out Act for predispute nondisclosure clauses and the Ending Forced Arbitration Act for predispute arbitration agreements), explained on the workplace harassment laws hub.

Is workplace bullying illegal in Vermont?

Sections 495 and 495d define unlawful harassment by reference to protected characteristics, such as race, sex, age or disability. They contain no provision on general workplace bullying that is not tied to one of those characteristics, and § 495(k)(2) excludes behavior a reasonable employee with the same protected characteristic would consider a petty slight or trivial inconvenience.

Documenting harassment and workplace monitoring

The rules on recording a conversation at work, including a conversation with a harasser, are on the Vermont workplace recording laws page. Employer monitoring of email, devices and workspaces is covered on the Vermont employee monitoring laws page.

Recent changes to Vermont harassment law

• 2017 Act No. 183 (Adj. Sess.): amended § 495h, including the limits on agreements and waivers in § 495h(g).
• 2022: 2021 Act No. 147 (Adj. Sess.) added 12 V.S.A. § 525, setting a six-year period for actions under § 495b, effective May 31, 2022.
• 2023: 2023 Act No. 80 added the definition of harass (§ 495d(16)) and the rule that harassment need not be severe or pervasive (§ 495(k)), effective July 1, 2023.
• 2026: 2025 Act No. 177 (Adj. Sess.) expanded the definition of crime victim in § 495d(15) to survivors of domestic violence, sexual assault or stalking with supporting documentation from a listed source or a self-attestation, effective June 18, 2026.

Related pages

• Workplace harassment laws by state
• Vermont wrongful termination
• Vermont at-will employment laws
• Vermont employee monitoring laws
• Vermont workplace recording laws

This article provides general legal information about Vermont workplace harassment law under the Fair Employment Practices Act, 21 V.S.A. §§ 495 to 495h, as of 2026-10-20. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Vermont or the Vermont Attorney General's Civil Rights Unit.

Last updated: 2026-10-20.

Frequently Asked Questions

Is workplace harassment illegal in Vermont?

Yes. 21 V.S.A. § 495(a)(1) makes it unlawful for any employer, employment agency or labor organization to harass or discriminate against an individual because of race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity, place of birth, crime victim status (as defined in § 495d(15), including survivors of domestic violence, sexual assault or stalking with supporting documentation since June 18, 2026), age or disability.

Does harassment have to be severe or pervasive in Vermont?

No. Since July 1, 2023, § 495(k) provides that harassment need not be severe or pervasive to violate the section, notwithstanding contrary state or federal precedent. Behavior a reasonable employee with the same protected characteristic would consider a petty slight or trivial inconvenience is not unlawful.

Does Vermont harassment law apply to small employers?

Yes. Section 495d(1) defines an employer as one with one or more individuals performing services for it in Vermont, including any agent of the employer.

How long do you have to file a harassment lawsuit in Vermont?

An action under 21 V.S.A. § 495b must be commenced within six years after the cause of action accrues (12 V.S.A. § 525). A person who files a sexual harassment claim under § 495b must notify the Attorney General and the Human Rights Commission, with a copy of the complaint, within 14 days after filing when neither is a party (§ 495n). For federal-law claims, the Attorney General's Civil Rights Unit says most must be filed with it within 300 days of the last incident of discrimination.

Do Vermont employers need a sexual harassment policy?

Yes. Section 495h(b) requires every employer to adopt a policy against sexual harassment, post a poster with its elements and give all employees an individual written copy. Employers with more than five employees must include an internal complaint process and contact names in the policy.

Is sexual harassment training mandatory in Vermont?

Not generally. Section 495h(f) encourages training, including for new employees within one year. Under § 495h(i)(2), the Attorney General or Human Rights Commission may require an employer to provide annual training, an anonymous working-climate survey, or both, for up to three years.

Can a Vermont employer make you sign an NDA about sexual harassment?

An employer may not require, as a condition of employment, an agreement or waiver that restricts an employee or prospective employee from opposing, disclosing, reporting or participating in an investigation of sexual harassment; such a provision is void and unenforceable (§ 495h(g)).

Is workplace bullying illegal in Vermont?

The Fair Employment Practices Act reaches harassment based on protected characteristics such as race, sex, age or disability. Sections 495 and 495d contain no provision on general bullying unconnected to those characteristics.