| 1 | 1 | | BILL AS INTRODUCED H.149 |
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| 2 | 2 | | 2025 Page 1 of 3 |
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| 4 | 4 | | |
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| 5 | 5 | | VT LEG #379124 v.1 |
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| 6 | 6 | | H.149 1 |
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| 7 | 7 | | Introduced by Representatives Christie of Hartford, Stevens of Waterbury, 2 |
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| 8 | 8 | | Bos-Lun of Westminster, Chapin of East Montpelier, Cina of 3 |
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| 9 | 9 | | Burlington, Cole of Hartford, Headrick of Burlington, Howard 4 |
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| 10 | 10 | | of Rutland City, Krasnow of South Burlington, Masland of 5 |
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| 11 | 11 | | Thetford, McGill of Bridport, Mrowicki of Putney, Priestley of 6 |
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| 12 | 12 | | Bradford, and Rachelson of Burlington 7 |
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| 13 | 13 | | Referred to Committee on 8 |
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| 14 | 14 | | Date: 9 |
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| 15 | 15 | | Subject: Labor; fair employment practices, equal pay 10 |
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| 16 | 16 | | Statement of purpose of bill as introduced: This bill proposes to extend equal 11 |
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| 17 | 17 | | pay protections to individuals in all protected classes. 12 |
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| 18 | 18 | | An act relating to expanding equal pay protections 13 |
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| 19 | 19 | | It is hereby enacted by the General Assembly of the State of Vermont: 14 |
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| 20 | 20 | | Sec. 1. 21 V.S.A. § 495 is amended to read: 15 |
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| 21 | 21 | | § 495. UNLAWFUL EMPLOYMENT PRACTICE 16 |
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| 22 | 22 | | (a) It shall be unlawful employment practice, except where a bona fide 17 |
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| 23 | 23 | | occupational qualification requires persons of a particular race, color, religion, 18 |
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| 24 | 24 | | national origin, sex, sexual orientation, gender identity, ancestry, place of birth, 19 |
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| 25 | 25 | | age, crime victim status, or physical or mental condition: 20 BILL AS INTRODUCED H.149 |
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| 26 | 26 | | 2025 Page 2 of 3 |
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| 28 | 28 | | |
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| 29 | 29 | | VT LEG #379124 v.1 |
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| 30 | 30 | | * * * 1 |
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| 31 | 31 | | (7) For any employer, employment agency, labor organization, or 2 |
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| 32 | 32 | | person seeking employees to discriminate between employees on the basis of 3 |
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| 33 | 33 | | sex, race, national origin, sexual orientation, or gender identity, color, religion, 4 |
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| 34 | 34 | | ancestry, place of birth, age, or crime victim status or against a qualified 5 |
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| 35 | 35 | | individual with a disability by paying wages to employees of one sex, race, 6 |
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| 36 | 36 | | national origin, sexual orientation, or gender identity, color, religion, ancestry, 7 |
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| 37 | 37 | | place of birth, age, or crime victim status or an employee who is a qualified 8 |
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| 38 | 38 | | individual with a disability at a rate less than the rate paid to employees of the 9 |
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| 39 | 39 | | other sex or a different race, national origin, sexual orientation, or gender 10 |
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| 40 | 40 | | identity, color, religion, ancestry, place of birth, age, or crime victim status or 11 |
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| 41 | 41 | | without the physical or mental condition of the qualified individual with a 12 |
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| 42 | 42 | | disability for equal work that requires equal skill, effort, and responsibility and 13 |
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| 43 | 43 | | is performed under similar working conditions. An employer who is paying 14 |
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| 44 | 44 | | wages in violation of this section shall not reduce the wage rate of any other 15 |
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| 45 | 45 | | employee in order to comply with this subsection. 16 |
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| 46 | 46 | | (A) An employer may pay different wage rates under this subsection 17 |
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| 47 | 47 | | (a) when the differential wages are made pursuant to: 18 |
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| 48 | 48 | | (i) A seniority system. 19 |
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| 49 | 49 | | (ii) A merit system. 20 BILL AS INTRODUCED H.149 |
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| 50 | 50 | | 2025 Page 3 of 3 |
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| 52 | 52 | | |
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| 53 | 53 | | VT LEG #379124 v.1 |
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| 54 | 54 | | (iii) A system in which earnings are based on quantity or quality 1 |
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| 55 | 55 | | of production. 2 |
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| 56 | 56 | | (iv) A bona fide factor other than sex, race, national origin, sexual 3 |
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| 57 | 57 | | orientation, or gender identity, color, religion, ancestry, place of birth, age, 4 |
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| 58 | 58 | | crime victim status, or physical or mental condition. An employer asserting 5 |
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| 59 | 59 | | that differential wages are paid pursuant to this subdivision (7)(A)(iv) shall 6 |
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| 60 | 60 | | demonstrate that the factor does not perpetuate a differential in compensation 7 |
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| 61 | 61 | | based on sex, race, national origin, sexual orientation, or gender identity, color, 8 |
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| 62 | 62 | | religion, ancestry, place of birth, age, crime victim status, or physical or mental 9 |
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| 63 | 63 | | condition; is job-related with respect to the position in question; and is based 10 |
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| 64 | 64 | | upon a legitimate business consideration. 11 |
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| 65 | 65 | | * * * 12 |
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| 66 | 66 | | Sec. 2. EFFECTIVE DATE 13 |
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| 67 | 67 | | This act shall take effect on July 1, 2025. 14 |
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