NO. 10. AN ACT RELATING TO UNLAWFUL EMPLOYMENT PRACTICES.
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 21 V.S.A. § 495(a)(8) is amended to read:
(a) It shall be unlawful employment practice, except where a bona fide occupational qualification requires persons of a particular race, color, religion, national origin, sex, sexual orientation, ancestry, place of birth, age, or physical or mental condition:
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(8) For any employer, employment agency, labor organization, or person seeking employees to discriminate between employees on the basis of sex by paying wages to employees of one sex at a rate less than the rate paid to employees of the other sex for equal work that requires equal skill, effort, and responsibility, and is performed under similar working conditions. An employer who is paying wages in violation of this section shall not reduce the wage rate of any other employee in order to comply with this subsection.
(A) An employer may pay different wage rates under this subsection when the differential wages are made pursuant to:
seniority system. (B)(ii) A
merit system. (C)(iii) A
system in which earnings are based on quantity or quality of production. (D)(iv) Any
factor other than sex.
(B) No employer may do any of the following:
(i) Require, as a condition of employment, that an employee refrain from disclosing the amount of his or her wages.
(ii) Require an employee to sign a waiver or other document that purports to deny the employee the right to disclose the amount of his or her wages.
(iii) Discharge, formally discipline, or otherwise discriminate against an employee who discloses the amount of his or her wages.
Approved: April 28, 2005
The Vermont General Assembly
115 State Street