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1 H.751
2 An act relating to expanding equal pay protections
3 It is hereby enacted by the General Assembly of the State of Vermont:
4 Sec. 1. 21 V.S.A. § 495 is amended to read:
5 § 495. UNLAWFUL EMPLOYMENT PRACTICE
6 (a) It shall be unlawful employment practice, except where a bona fide
7 occupational qualification requires persons of a particular race, color, religion,
8 national origin, sex, sexual orientation, gender identity, ancestry, place of birth,
9 age, crime victim status, or physical or mental condition:
10 ***
11 (7) For any employer, employment agency, labor organization, or
12 person seeking employees to discriminate between employees on the basis of
13 sex, race, national origin, sexual orientation, or gender identity, color, religion,
14 ancestry, place of birth, crime victim status, or age or against a qualified
15 individual with a disability by paying wages to employees of one sex, race,
16 national origin, sexual orientation, or gender identity, color, religion, ancestry,
17 place of birth, crime victim status, or age or an employee who is a qualified
18 individual with a disability at a rate less than the rate paid to employees of the
19 other sex or a different race, national origin, sexual orientation, or gender
20 identity, color, religion, ancestry, place of birth, crime victim status, or age or
21 without the physical or mental condition of the qualified individual with a VT LEG #374424 v.1
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1 disability for equal work that requires equal skill, effort, and responsibility and
2 is performed under similar working conditions. An employer who is paying
3 wages in violation of this section shall not reduce the wage rate of any other
4 employee in order to comply with this subsection.
5 (A) An employer may pay different wage rates under this
6 subsection (a) when the differential wages are made pursuant to:
7 (i) A seniority system.
8 (ii) A merit system.
9 (iii) A system in which earnings are based on quantity or quality
10 of production.
11 (iv) A bona fide factor other than sex, race, national origin, sexual
12 orientation, gender identity, color, religion, ancestry, place of birth, crime
13 victim status, age, or physical or mental condition. An employer asserting that
14 differential wages are paid pursuant to this subdivision (7)(A)(iv) shall
15 demonstrate that the factor does not perpetuate a differential in compensation
16 based on sex, race, national origin, sexual orientation, gender identity, color,
17 religion, ancestry, place of birth, crime victim status, age, or physical or mental
18 condition; is job-related with respect to the position in question; and is based
19 upon a legitimate business consideration.
20 ***
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1 (c) The provisions of this section prohibiting discrimination on the basis of
2 age shall apply for the benefit of persons 18 years of age or older.
3 ***
4 Sec. 2. EFFECTIVE DATE
5 This act shall take effect on July 1, 2024.
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Statutes affected:
As Introduced: 21-495
As Passed By the House -- Official: 21-495
As Passed By the House -- Unofficial: 21-495