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