labor lawAdivision of labor law center

If you work in Vermont and have a complaint about age discrimination with your employer, you may contact the Vermont Human Rights Commission in Montpelier. The commission’s tasks include enforcing employment laws, mediating disputes and acting as a resource for the employee and business. Additionally, the commission suggests that if you work for the State of Vermont, you should contact its offices. Now, if you work for a non-state employer, you should contact the Civil Rights Division of the Vermont Attorney General’s office. Federal government employees are urged to contact the Equal Employment Opportunity Commission (EEOC).

If the complaint is taken up by the state commission, the staff will try to begin the investigation within 30 days of the date the charge is filed. If the investigation takes longer than six months, all parties will be notified of the reasons. The commission makes an effort to resolve disputes informally through conference and conciliation. Should the commission find grounds for unlawful discrimination, it may begin legal proceedings under one of several Vermont laws aimed at discrimination.

Keep in mind that state guidelines apply to all workers 18 and over, while federal guidelines begin at age 40. The definition of employer in the state law does not set a minimum number of employees, and under state law, a worker may seek compensatory or other damages in court, in addition to the findings of the commission. Recently, a Vermont electric power company was the target of an age discrimination complaint from a 57-year-old man who claimed he was passed over for promotion because of his age. The company has asked the judge to dismiss the complaint, stating that the employee did not raise the age issue when he was passed over for the promotion twice before.

Then in 2002, a group of IBM workers who were laid off claimed that the company was guilty of age discrimination. The complaint stated that the number of employees laid off rapidly increased for those 45 and older, including 67% of those between 60 and 65 (compared to 20% of those younger than 46).

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