Vermont State Civil Rights Complaint (FEPA / Public Accommodations)

COMPLAINT FOR EMPLOYMENT AND PUBLIC ACCOMMODATIONS DISCRIMINATION — VERMONT

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Parties, Jurisdiction, and Venue
4. Administrative Exhaustion (where applicable)
5. Factual Allegations
6. Count I — FEPA Discrimination (21 V.S.A. § 495)
7. Count II — FEPA Hostile Work Environment / Harassment
8. Count III — FEPA Retaliation (21 V.S.A. § 495(a)(8))
9. Count IV — Public Accommodations Discrimination (9 V.S.A. § 4502)
10. Count V — Title VII Parallel Federal Claim (42 U.S.C. § 2000e-2)
11. Count VI — Section 1981 (42 U.S.C. § 1981) (where race-based)
12. Damages
13. Prayer for Relief
14. Demand for Trial by Jury
15. Reservation of Rights
16. Signature and Service Blocks
17. Verification
18. Certificate of Service
19. Vermont Practice Notes
20. Sources and References

1. CAPTION

STATE OF VERMONT

SUPERIOR COURT — [COUNTY] UNIT

CIVIL DIVISION

DOCKET NO. [________________________________]

VERIFIED COMPLAINT AND DEMAND FOR JURY TRIAL

(Employment Discrimination — 21 V.S.A. § 495; Public Accommodations — 9 V.S.A. § 4502; Title VII; 42 U.S.C. § 1981)

2. INTRODUCTION

Plaintiff [PLAINTIFF NAME], by and through undersigned counsel, brings this action against Defendants for unlawful discrimination, harassment, and retaliation in violation of the Vermont Fair Employment Practices Act, 21 V.S.A. §§ 495–496, the Vermont Public Accommodations Act, 9 V.S.A. §§ 4500–4507, Title VII of the Civil Rights Act of 1964, and 42 U.S.C. § 1981, and in support thereof alleges as follows:

3. PARTIES, JURISDICTION, AND VENUE

3.1. Plaintiff [PLAINTIFF NAME] is a natural person residing in [TOWN], [COUNTY] County, Vermont, and at all relevant times was an "individual" and "employee" within the meaning of 21 V.S.A. § 495d.

3.2. Plaintiff is a member of the following protected class(es) under 21 V.S.A. § 495(a) and 9 V.S.A. § 4502: [race / color / religion / national origin / sex / sexual orientation / gender identity / ancestry / place of birth / age / crime victim status / physical or mental condition / disability].

3.3. Defendant [EMPLOYER NAME] ("Employer") is a [corporation / LLC / partnership / sole proprietorship] organized under the laws of [STATE] with a principal place of business at [ADDRESS], and at all relevant times was an "employer" within the meaning of 21 V.S.A. § 495d(1) — namely, a person having one or more individuals performing services for it within Vermont — and is therefore subject to FEPA.

3.4. Defendant [INDIVIDUAL NAME] is a natural person residing in [TOWN, STATE] and at all relevant times acted as [supervisor / manager / officer] of Defendant Employer, with authority to hire, fire, discipline, or otherwise affect the terms and conditions of Plaintiff's employment, and is individually liable under 21 V.S.A. § 495(a)(8) for aiding, abetting, inciting, compelling, or coercing the unlawful conduct alleged herein.

3.5. This Court has subject-matter jurisdiction over the state-law claims pursuant to 4 V.S.A. § 31 (Superior Court general civil jurisdiction) and supplemental jurisdiction over the federal claims pursuant to the concurrent jurisdiction of state courts over Title VII and § 1981 actions.

3.6. Venue is proper in this Court under 12 V.S.A. § 402 because the unlawful acts complained of occurred in [COUNTY] County and/or because Defendant Employer maintains a place of business in this County.

4. ADMINISTRATIVE EXHAUSTION (where applicable)

4.1. Plaintiff is not required to exhaust administrative remedies as a precondition to suit under 21 V.S.A. § 495b or 9 V.S.A. § 4506. See Hodgdon v. Mt. Mansfield Co., 160 Vt. 150 (1992).

4.2. Nonetheless, on or about [DATE], Plaintiff filed a Charge of Discrimination with the [Vermont Attorney General's Civil Rights Unit / Vermont Human Rights Commission], charge number [________], alleging the same conduct set forth herein.

4.3. The charge was simultaneously cross-filed with the U.S. Equal Employment Opportunity Commission ("EEOC") pursuant to the Vermont–EEOC Worksharing Agreement, EEOC charge number [________].

4.4. On or about [DATE], the [EEOC / agency] issued a Notice of Right to Sue (attached hereto as Exhibit A). This Complaint is filed within ninety (90) days of receipt of that notice as required by 42 U.S.C. § 2000e-5(f)(1).

5. FACTUAL ALLEGATIONS

5.1. Plaintiff was hired by Defendant Employer on or about [HIRE DATE] as a [POSITION / TITLE].

5.2. At all relevant times, Plaintiff performed the essential functions of the position competently and met or exceeded Defendant's legitimate expectations, as evidenced by [performance reviews / awards / promotions / commendations].

5.3. Beginning on or about [DATE], Plaintiff was subjected to the following adverse actions and discriminatory conduct because of Plaintiff's [PROTECTED CLASS]:

• [Specific incident #1 — date, actor, conduct, witnesses];
• [Specific incident #2 — date, actor, conduct, witnesses];
• [Specific incident #3 — date, actor, conduct, witnesses];
• [Specific incident #4 — date, actor, conduct, witnesses].

5.4. [Describe the comparator evidence, direct evidence (e.g., slurs, biased remarks), pattern evidence, statistical disparity, or pretext.]

5.5. On or about [DATE], Plaintiff complained of the foregoing discrimination/harassment to [HR / supervisor / officer], in writing on [DATE] and orally on [DATE].

5.6. Defendants failed to investigate the complaint adequately, take prompt remedial action, or otherwise comply with their obligations under 21 V.S.A. § 495h.

5.7. After Plaintiff's protected complaints, Defendants retaliated against Plaintiff by [describe retaliatory acts — termination, demotion, schedule change, hostile treatment, exclusion, denial of promotion, etc.].

5.8. On or about [DATE], Plaintiff was [terminated / constructively discharged / demoted / denied promotion] under circumstances giving rise to an inference of unlawful discrimination and retaliation.

5.9. Defendants' conduct was knowing, willful, malicious, and/or in reckless disregard of Plaintiff's protected rights, supporting an award of punitive damages.

6. COUNT I — FEPA DISCRIMINATION (21 V.S.A. § 495)

6.1. Plaintiff realleges and incorporates Paragraphs 3.1 through 5.9 as though fully set forth herein.

6.2. At all relevant times, Defendant Employer was an "employer" within the meaning of 21 V.S.A. § 495d(1).

6.3. Plaintiff is a member of the protected class identified in Paragraph 3.2 and was qualified for the position.

6.4. Defendants discriminated against Plaintiff in compensation, terms, conditions, or privileges of employment because of Plaintiff's [PROTECTED CLASS], in violation of 21 V.S.A. § 495(a)(1).

6.5. Defendants' stated reasons for the adverse actions are pretext for unlawful discrimination.

6.6. As a direct and proximate result of Defendants' violations of FEPA, Plaintiff has suffered and continues to suffer damages including, without limitation, lost wages and benefits (past and future), emotional distress, humiliation, loss of professional reputation, and other compensatory damages.

6.7. Defendants' conduct was willful, knowing, and in reckless disregard of Plaintiff's rights, entitling Plaintiff to punitive damages, attorney's fees, and costs pursuant to 21 V.S.A. § 495b.

7. COUNT II — FEPA HOSTILE WORK ENVIRONMENT / HARASSMENT

7.1. Plaintiff realleges and incorporates Paragraphs 3.1 through 6.7.

7.2. Plaintiff was subjected to unwelcome harassment based on Plaintiff's [PROTECTED CLASS], including the conduct described in Paragraph 5.3.

7.3. Pursuant to 21 V.S.A. § 495h(g) (effective July 1, 2023, as amended by 2023, No. 80), the harassment and discrimination need not be "severe or pervasive" to constitute a violation; conduct that a reasonable person under the circumstances would consider intimidating, hostile, or offensive is actionable.

7.4. Defendant Employer is liable for the harassing conduct of supervisors, agents, and co-workers under 21 V.S.A. § 495h and Vermont common-law principles of agency.

7.5. As a direct and proximate result, Plaintiff has suffered the damages set forth herein.

8. COUNT III — FEPA RETALIATION (21 V.S.A. § 495(a)(8))

8.1. Plaintiff realleges and incorporates Paragraphs 3.1 through 7.5.

8.2. Plaintiff engaged in protected activity under FEPA by [opposing discriminatory practices, complaining internally, filing an administrative charge, participating in an investigation].

8.3. Defendants knew of Plaintiff's protected activity.

8.4. After and because of Plaintiff's protected activity, Defendants subjected Plaintiff to materially adverse actions including [termination / demotion / discipline / harassment / pay reduction / schedule change].

8.5. A causal connection exists between Plaintiff's protected activity and the adverse actions, as evidenced by temporal proximity, deviation from normal procedures, and direct statements by Defendants' agents.

8.6. Defendants' conduct violates 21 V.S.A. § 495(a)(8) and entitles Plaintiff to all remedies provided by 21 V.S.A. § 495b.

9. COUNT IV — PUBLIC ACCOMMODATIONS DISCRIMINATION (9 V.S.A. § 4502)

9.1. Plaintiff realleges and incorporates Paragraphs 3.1 through 5.9 to the extent applicable.

9.2. Defendant [ENTITY] owns, leases, operates, and/or manages a "place of public accommodation" within the meaning of 9 V.S.A. § 4501(1), namely [describe — restaurant, hotel, store, healthcare facility, etc.].

9.3. Defendants denied Plaintiff the full and equal accommodations, advantages, facilities, goods, privileges, and services of the place of public accommodation because of Plaintiff's [PROTECTED CLASS], in violation of 9 V.S.A. § 4502(a).

9.4. Pursuant to 9 V.S.A. § 4506, Plaintiff is entitled to compensatory and punitive damages, injunctive relief, attorney's fees, and costs.

10. COUNT V — TITLE VII PARALLEL FEDERAL CLAIM (42 U.S.C. § 2000e-2)

10.1. Plaintiff realleges and incorporates the foregoing paragraphs.

10.2. Defendant Employer is an "employer" within the meaning of 42 U.S.C. § 2000e(b) (15+ employees).

10.3. Defendants' conduct violates 42 U.S.C. § 2000e-2(a) (discrimination based on race, color, religion, sex, or national origin) and 42 U.S.C. § 2000e-3(a) (retaliation).

10.4. Plaintiff timely exhausted administrative remedies as alleged in Section 4.

10.5. Plaintiff is entitled to all remedies under 42 U.S.C. § 1981a, including compensatory and punitive damages (subject to the federal statutory caps), back pay, front pay, attorney's fees, and costs.

11. COUNT VI — SECTION 1981 (42 U.S.C. § 1981) (where race-based)

11.1. Plaintiff realleges and incorporates the foregoing paragraphs.

11.2. Plaintiff is a member of a racial minority and at all relevant times had a protected interest in the contractual employment relationship with Defendants.

11.3. Defendants intentionally interfered with that contractual relationship because of Plaintiff's race, in violation of 42 U.S.C. § 1981.

11.4. Plaintiff is entitled to compensatory damages, punitive damages (without statutory cap), back pay, front pay, attorney's fees, and costs.

12. DAMAGES

12.1. Economic damages: lost wages and benefits (back pay) of approximately $[AMOUNT] to date; lost future earnings and benefits (front pay) to be proven at trial; lost retirement and pension contributions; and out-of-pocket job-search expenses.

12.2. Non-economic damages: emotional distress, mental anguish, humiliation, embarrassment, loss of enjoyment of life, damage to professional reputation, and other compensatory damages.

12.3. Punitive damages pursuant to 21 V.S.A. § 495b, 9 V.S.A. § 4506, and 42 U.S.C. § 1981a, in an amount sufficient to punish Defendants and deter similar conduct.

12.4. Attorney's fees and costs pursuant to 21 V.S.A. § 495b(b), 9 V.S.A. § 4506(a), 42 U.S.C. § 2000e-5(k), and 42 U.S.C. § 1988.

12.5. Equitable relief, including reinstatement, injunctive relief against further discrimination, and corrective workplace policies.

12.6. Pre-judgment and post-judgment interest as allowed by 12 V.S.A. § 2903.

13. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that this Court enter judgment against Defendants, jointly and severally, and award the following relief:

• A. Compensatory damages (economic and non-economic) in an amount to be determined by a jury;
• B. Punitive damages in an amount sufficient to punish and deter;
• C. Back pay, front pay, lost benefits, and lost retirement/pension contributions;
• D. Reinstatement to Plaintiff's former position (or substantially equivalent), or front pay in lieu thereof;
• E. Injunctive relief restraining Defendants from further unlawful discrimination, harassment, and retaliation, and requiring corrective training and policy changes;
• F. Reasonable attorney's fees, expert fees, and costs of suit pursuant to 21 V.S.A. § 495b(b), 9 V.S.A. § 4506(a), 42 U.S.C. § 2000e-5(k), and 42 U.S.C. § 1988;
• G. Pre-judgment and post-judgment interest at the maximum rate allowed by law;
• H. Liquidated damages where authorized by 21 V.S.A. § 495b(c) (wage-equality claims);
• I. Such other and further relief as this Court deems just and equitable.

14. DEMAND FOR TRIAL BY JURY

Pursuant to Vt. R. Civ. P. 38 and the Seventh Amendment to the United States Constitution, Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right.

15. RESERVATION OF RIGHTS

Plaintiff reserves the right to amend this Complaint pursuant to Vt. R. Civ. P. 15 to assert additional claims, add additional parties (including individual aider-and-abettor defendants), and conform the pleadings to the evidence as discovery may reveal.

16. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Esq.

Vermont Bar No. [####]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [_____________]

Email: [_____________]

17. VERIFICATION

STATE OF VERMONT

COUNTY OF [COUNTY], ss.

I, [PLAINTIFF NAME], being first duly sworn, depose and state that I am the Plaintiff in the foregoing action; that I have read the foregoing Verified Complaint and know the contents thereof; and that the same is true to my own knowledge except as to those matters stated upon information and belief, and as to those I believe them to be true.

[________________________________]

[PLAINTIFF NAME]

Subscribed and sworn to before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public / Vermont Notarial Officer

(Commission Expires: [_______________])

18. CERTIFICATE OF SERVICE

I, [ATTORNEY NAME], hereby certify that on this the [____] day of [_______________], 20[____], I caused a true and correct copy of the foregoing VERIFIED COMPLAINT AND DEMAND FOR JURY TRIAL to be served upon Defendants by [method per Vt. R. Civ. P. 4 — sheriff, designated process server, certified mail with return receipt, or as authorized] at the following addresses:

[SERVICE LIST WITH ADDRESSES]

[________________________________]

[ATTORNEY NAME], Esq.

19. VERMONT PRACTICE NOTES

• Split agency structure (CRITICAL). Vermont uniquely splits civil rights enforcement between TWO state agencies: the Vermont Human Rights Commission (HRC) handles housing, public accommodations, and State government employment, while the Office of the Attorney General Civil Rights Unit (CRU) handles private-sector employment. Counsel must file the administrative charge with the correct agency. See 9 V.S.A. § 4553; ago.vermont.gov; hrc.vermont.gov.
• No employee threshold under FEPA. 21 V.S.A. § 495d(1) defines "employer" as any person with "one or more individuals performing services" — a far broader reach than Title VII (15 employees), the ADA (15), or the ADEA (20).
• No statutory damages caps under state law. Unlike Title VII's tiered caps in 42 U.S.C. § 1981a ($50K–$300K based on employer size), FEPA and the Public Accommodations Act allow uncapped compensatory and punitive damages plus attorney's fees and costs. Pleading the state count is essential to preserve full remedies.
• Severe-or-pervasive standard abrogated. Effective July 1, 2023, 21 V.S.A. § 495h(g) (2023, No. 80) provides that harassment "need not be severe or pervasive" to be actionable — a more plaintiff-friendly standard than federal law.
• Statute of limitations. Six years for economic loss (12 V.S.A. § 511); three years for personal injury claims (12 V.S.A. § 512(4)). Vermont caselaw distinguishes by the "gravamen" of the claim. See Egri v. Airways Inc., 174 Vt. 312 (2002). To preserve all theories, file within three years of accrual.
• No exhaustion required for state claims. 21 V.S.A. § 495b(b) provides a direct private right of action without administrative exhaustion. Hodgdon v. Mt. Mansfield Co., 160 Vt. 150 (1992). Federal Title VII claims still require EEOC exhaustion within 300 days (Vermont is a deferral state).
• Individual liability. 21 V.S.A. § 495(a)(8) reaches any person who "aid[s], abet[s], incite[s], compel[s], or coerce[s]" an unlawful practice — supporting individual supervisor liability where federal Title VII does not.
• Crime-victim status protected. Vermont added crime-victim status to its protected classes in 2018 (H.711). This is a relatively rare protection compared to other state FEPA statutes.
• Place-of-birth protected. Vermont protects "place of birth" as a separate protected class — broader than national-origin protection alone.
• Verification. Vermont practice does not require complaint verification, but a verified complaint may foreclose an answer denying basic facts and supports preliminary injunctive relief.
• Service. Vt. R. Civ. P. 4 governs service. Out-of-state defendants may be served via Vermont's long-arm statute, 12 V.S.A. § 913.
• Punitive damages standard. Vermont requires proof of "actual malice" or conduct demonstrating "bad motive or deliberate and outrageous disregard." Fly Fish Vermont, Inc. v. Chapin Hill Estates, Inc., 187 Vt. 541 (2010).
• EEOC dual-filing. Both Vermont AG CRU and HRC have worksharing agreements with the EEOC. A charge filed with either agency is deemed cross-filed with the EEOC for federal claims, satisfying the 300-day federal deadline.

20. SOURCES AND REFERENCES

• 21 V.S.A. § 495 (Unlawful Employment Practice) — https://legislature.vermont.gov/statutes/section/21/005/00495
• 21 V.S.A. § 495b (Enforcement; remedies) — https://legislature.vermont.gov/statutes/section/21/005/00495b
• 21 V.S.A. § 495d (Definitions) — https://legislature.vermont.gov/statutes/section/21/005/00495d
• 21 V.S.A. § 495h (Sexual harassment) — https://legislature.vermont.gov/statutes/section/21/005/00495h
• 9 V.S.A. Chapter 139 (Public Accommodations) — https://legislature.vermont.gov/statutes/fullchapter/09/139
• 9 V.S.A. § 4502 (Public accommodations; nondiscrimination) — https://legislature.vermont.gov/statutes/section/09/139/04502
• 9 V.S.A. § 4506 (Civil action; remedies)
• 12 V.S.A. § 511 (Six-year SOL) — https://legislature.vermont.gov/statutes/section/12/023/00511
• 12 V.S.A. § 512 (Three-year SOL — personal injury)
• Vermont Rules of Civil Procedure — https://www.vermontjudiciary.org/
• Vermont Human Rights Commission — https://hrc.vermont.gov/
• Vermont Attorney General Civil Rights Unit — https://ago.vermont.gov/divisions/civil-rights
• Hodgdon v. Mt. Mansfield Co., 160 Vt. 150 (1992) (private right under FEPA)
• Egri v. Airways Inc., 174 Vt. 312 (2002) (FEPA limitations period analysis)
• Robertson v. Mylan Labs., Inc., 176 Vt. 356 (2004) (FEPA elements)
• Fly Fish Vermont, Inc. v. Chapin Hill Estates, Inc., 187 Vt. 541 (2010) (punitive damages standard)
• 42 U.S.C. § 2000e et seq. (Title VII) — https://www.eeoc.gov/
• 42 U.S.C. § 1981 (race in contracting)
• 42 U.S.C. § 1981a (federal caps)
• Jones v. R.R. Donnelley & Sons, 541 U.S. 369 (2004) (§ 1981 four-year SOL)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Vermont must review and customize this document before filing. Vermont statutes, rules of civil procedure, and caselaw change frequently; verify all authorities through the Vermont Statutes Online (legislature.vermont.gov) and the Vermont Judiciary website (vermontjudiciary.org) before use.