How do I prove discrimination?

You can show direct evidence (discriminatory statements, policies) or circumstantial evidence (differential treatment, statistical patterns, pretext for stated reasons) [42 U.S.C. 2000e-2].

What happens after I file?

The agency investigates, attempts mediation or conciliation, and may issue findings. If unresolved, you receive a right-to-sue letter allowing you to file a lawsuit.

Topic guideUpdated 2026-02-27

Vermont Workplace Discrimination — Filing a Complaint

Q: What counts as workplace discrimination?

Discrimination occurs when an employer treats you less favorably because of a protected characteristic. Under the Vermont Fair Employment Practices Act (FEPA), protected classes include: race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity, age (18+), place of birth, credit history, crime victim status, disability — applies to employers with 1+ employees; extremely broad protected classes including place of birth and credit history [§ 21-495].

Q: Can I file with both the state agency and EEOC?

Yes. Vermont Human Rights Commission and Attorney General's Civil Rights Unit serve as deferral agencies; state filing deadlines vary by forum — confirm the applicable deadline with a lawyer. Filing with one agency can often satisfy the requirements of the other through cross-filing agreements.

Protected classes, filing deadlines, and how to pursue a discrimination claim under Vermont and federal law.

The Vermont Fair Employment Practices Act (FEPA) prohibits employment discrimination in Vermont §21-495.

Protected Classes

Under Vermont law, employers cannot discriminate based on: race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity, age (18+), place of birth, credit history, crime victim status, disability — applies to employers with 1+ employees; extremely broad protected classes including place of birth and credit history.

Federal laws (Title VII, ADA, ADEA) provide additional protections for employees of employers with 15+ employees (20+ for age discrimination).

Types of Discrimination

Disparate treatment — intentional discrimination based on a protected characteristic

Disparate impact — neutral policies that disproportionately affect a protected group

Failure to accommodate — refusing reasonable accommodations for disability or religion

Harassment — creating a Hostile work environment based on a protected characteristic

Filing a Discrimination Complaint

You have a limited time to file a workplace discrimination complaint with the Vermont Human Rights Commission or the Attorney General's Civil Rights Unit, or to pursue a court action; filing deadlines vary by forum — confirm the applicable deadline with a lawyer. Vermont Human Rights Commission and Attorney General's Civil Rights Unit serve as deferral agencies; state filing deadlines vary by forum — confirm the applicable deadline with a lawyer.

	Details
State Agency	Vermont Human Rights Commission (VHRC) / Attorney General's Civil Rights Unit
Federal Agency	EEOC
State Deadline	a limited time to file a workplace discrimination complaint with the Vermont Human Rights Commission or the Attorney General's Civil Rights Unit, or to pursue a court action; filing deadlines vary by forum — confirm the applicable deadline with a lawyer
Federal Deadline	180 days (300 with deferral) [42 U.S.C. § 2000e-5]

⚠Filing deadlines are strictly enforced. Missing the deadline typically bars your claim entirely, regardless of its merits.

✓File with both the state agency and EEOC to preserve all options. A single filing can often be cross-filed with both agencies.

Prepare for Your Consultation

Quick checklist (Employment Law)

Gather these before your first consultation.

Employment records

(pay stubs, contracts, offer letters)

Communication evidence

(emails, texts, performance reviews)

Witness information

(coworkers who can corroborate)

General preparation tips only. Specific needs depend on your state and employment situation.

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