Jackson Lewis P.C. • June 06, 2019
In a landmark ruling, the Vermont Supreme Court recently held that a patient had standing to sue both the hospital at which she was a patient and the employee who attended to her, for negligent disclosure of her personal health information to a third-party. Neither the Health Insurance Portability and Accountability Act (HIPAA) nor Vermont law provide for a private cause of action for damages arising from a medical provider’s disclosure of information obtained during treatment.
Jackson Lewis P.C. • June 28, 2018
Vermont’s “An act relating to the prevention of sexual harassment” makes numerous changes to state law related to sexual harassment. The act provides expansive protections for both current and prospective employees and creates new restrictions and obligations for employers. The changes go into effect on July 1, 2018.
Jackson Lewis P.C. • June 24, 2018
Vermont’s recreational marijuana law, which goes into effect on July 1, 2018, lifts penalties for individuals possessing limited amounts of marijuana. However, the new law does not require employers to tolerate marijuana possession or use in the workplace. Further, employers may continue to test for marijuana, though any adverse employment actions must be considered carefully for the risk of disability discrimination claims.
Jackson Lewis P.C. • June 20, 2018
Vermont’s recreational marijuana law will take effect on July 1, 2018. (Click here for our previous blog summarizing this law and its impact on employers). On June 14, 2018, the Vermont Office of the Attorney General published the Guide to Vermont’s Laws on Marijuana in the Workplace. The Guide provides employers with an overview of the changes to Vermont’s marijuana laws, and summarizes existing employment laws relating to drug testing in the workplace.
Jackson Lewis P.C. • June 10, 2018
The categories of individuals protected under Vermont’s anti-discrimination statute (21 V.S.A. §495) has been expanded to include crime victims.
A new Vermont law will result in more gender-free restrooms. Beginning July 1, 2018, single-user restrooms in public buildings or places of public accommodation must be available for use by persons of any gender.
Ogletree Deakins • May 20, 2018
Vermont and likely Connecticut will soon join California, Delaware, Massachusetts, Oregon, and Puerto Rico (along with various cities and counties) in prohibiting salary history inquiries.
Littler Mendelson, P.C. • May 15, 2018
On May 11, 2018, Vermont Governor Phil Scott signed legislation restricting employers from making salary history inquiries. The new law, H. 294, effective July 1, 2018, prohibits asking a prospective, current, or former employee about or seeking information regarding his or her compensation history. For these purposes, compensation includes base compensation, bonuses, benefits, fringe benefits, and equity-based compensation. Under the new law, employers are also prohibited from requiring that a prospective employee’s current or past compensation satisfy minimum or maximum criteria for employment. If an employer discovers a prospective employee’s salary history, the employer may not determine whether to interview the prospective employee based on this information.
Jackson Lewis P.C. • May 15, 2018
Beginning July 1, 2018, employers in Vermont will be prohibited from requiring a prospective employee to disclose his or her salary and benefit history under legislation (H.B. 294) signed by Governor Phil Scott on May 11, 2018.
Vermont has become the latest state to enact a salary history question ban as Governor Phil Scott signed a law on Friday to prohibit employers from asking such questions. The measure aims to reduce the wage gap between men and women for performing the same or similar work.