Vermont Human Rights Agency Charge of Discrimination (HRC / AG CRU)

CHARGE OF DISCRIMINATION — VERMONT

TABLE OF CONTENTS

1. Agency Selection and Filing Address
2. Charging Party Information
3. Respondent Information
4. Protected Class / Basis of Discrimination
5. Date(s) of Discrimination
6. Type of Harm
7. Statement of Particulars
8. Comparators and Pattern Evidence
9. Witnesses
10. Documents and Exhibits
11. Internal Complaint and Employer Response
12. Retaliation
13. Damages and Relief Requested
14. Cross-Filing with the EEOC
15. Election of Remedies / Reservation of Rights
16. Verification and Signature
17. Vermont Practice Notes
18. Sources and References

1. AGENCY SELECTION AND FILING ADDRESS

☐ Vermont Human Rights Commission (HRC) — for housing, public accommodations, or State employment
14-16 Baldwin Street, Montpelier, VT 05633-6301
(802) 828-1625 / in-state (800) 416-2010
[email protected] | https://hrc.vermont.gov/

☐ Vermont Attorney General Civil Rights Unit (AG CRU) — for private-sector employment
109 State Street, Montpelier, VT 05609-1001
(802) 828-3171 (general) / (802) 828-3657 (CRU)
[email protected] | https://ago.vermont.gov/divisions/civil-rights

☐ Cross-filing with U.S. Equal Employment Opportunity Commission (EEOC) — to preserve Title VII / ADA / ADEA claims
Boston Area Office, John F. Kennedy Federal Bldg., 15 New Sudbury St., Boston, MA 02203 — (800) 669-4000

To Whom It May Concern:

Pursuant to 21 V.S.A. § 495 et seq., 9 V.S.A. § 4500 et seq., and the applicable rules of the [Vermont Human Rights Commission / Vermont Attorney General's Civil Rights Unit], the undersigned hereby files this Charge of Discrimination and requests investigation, conciliation, and enforcement.

2. CHARGING PARTY INFORMATION

3. RESPONDENT INFORMATION

4. PROTECTED CLASS / BASIS OF DISCRIMINATION

The discrimination/harassment was based on the following protected class(es) (check all that apply):

☐ Race
☐ Color
☐ Religion / Creed
☐ National Origin
☐ Ancestry
☐ Place of Birth
☐ Sex (including pregnancy, childbirth, related conditions)
☐ Sexual Orientation
☐ Gender Identity / Expression
☐ Age (over 18 — Vermont; 40+ — federal ADEA)
☐ Physical or Mental Disability / Condition
☐ Crime Victim Status (Vermont-specific — added 2018)
☐ HIV Status
☐ Marital Status (housing/public accommodations)
☐ Receipt of Public Assistance (housing)
☐ Familial Status (housing)
☐ Retaliation for Protected Activity
☐ Genetic Information (federal GINA)
☐ Veteran / Military Status

Brief description of how Charging Party is a member of this protected class: [_____________]

5. DATE(S) OF DISCRIMINATION

6. TYPE OF HARM

The Respondent caused the following adverse action(s) (check all that apply):

☐ Termination / Discharge
☐ Constructive Discharge
☐ Failure to Hire
☐ Failure to Promote
☐ Demotion
☐ Pay / Compensation Discrimination (including unequal wages — 21 V.S.A. § 495(a)(7))
☐ Denial of Benefits
☐ Discipline / Reprimand / Write-up
☐ Hostile Work Environment / Harassment (including sexual)
☐ Failure to Accommodate Disability / Religion
☐ Reasonable Accommodation Request Denied
☐ Pregnancy Accommodation Denied (21 V.S.A. § 495i)
☐ Schedule / Shift Change
☐ Demeaning Treatment / Slurs / Bias Comments
☐ Denial of Public Accommodation Service
☐ Housing Denial / Eviction / Different Terms
☐ Retaliation
☐ Other: [_____________]

7. STATEMENT OF PARTICULARS

I, [CHARGING PARTY NAME], state the following under penalty of perjury:

7.1. I was hired by Respondent on or about [__/__/____] as a [POSITION / TITLE] at Respondent's [LOCATION] worksite. My most recent rate of pay was $[AMOUNT] per [hour / week / year].

7.2. Throughout my employment I performed my job competently, as evidenced by [performance reviews, awards, length of service, promotions]. I was qualified for the position I held and the positions I sought.

7.3. First incident. On or about [__/__/____], [NAME OF ACTOR, TITLE] [describe specific discriminatory conduct, statements, or adverse action] in the presence of [WITNESSES, if any].

7.4. Second incident. On or about [__/__/____], [describe].

7.5. Third incident. On or about [__/__/____], [describe].

7.6. Pattern / hostile environment allegations. Beginning on or about [__/__/____] and continuing through [__/__/____], [NAME(S)] subjected me to ongoing [describe — slurs, jokes, unwanted touching, exclusion, disparate treatment] because of my [PROTECTED CLASS].

7.7. Direct evidence of bias. [NAME] stated, in substance: ["quote the discriminatory statement"] on or about [__/__/____] in the presence of [WITNESSES].

7.8. Adverse action. On or about [__/__/____], Respondent [terminated / demoted / disciplined / denied promotion to] me. The stated reason was [REASON GIVEN], which is pretextual because [explain why the stated reason is false / shifting / inconsistently applied].

7.9. I believe the foregoing acts were committed because of my [PROTECTED CLASS] in violation of 21 V.S.A. § 495 (and/or 9 V.S.A. § 4502 for public accommodations / housing claims).

8. COMPARATORS AND PATTERN EVIDENCE

8.1. Similarly situated employees outside my protected class were treated more favorably. Specifically:

8.2. [Describe statistical disparities, pattern of complaints by other employees, demographic make-up of leadership, prior charges or lawsuits filed against Respondent, if known.]

9. WITNESSES

10. DOCUMENTS AND EXHIBITS

The following documents are attached or available upon request:

☐ Offer letter / employment contract
☐ Employee handbook / policies / non-discrimination policy
☐ Performance reviews and evaluations
☐ Pay stubs and W-2s
☐ Termination / discipline letters
☐ Internal complaint correspondence
☐ Email / text / chat communications
☐ Photographs / video / audio recordings
☐ Medical documentation (for disability / accommodation claims)
☐ Pregnancy / accommodation request and response
☐ EEOC charge or right-to-sue letter (if any)
☐ Witness statements / affidavits
☐ Notes / journal of incidents
☐ Comparator pay or personnel data
☐ Other: [_____________]

11. INTERNAL COMPLAINT AND EMPLOYER RESPONSE

11.1. I complained internally to [HR contact / supervisor / officer] on the following dates and in the following forms:

11.2. Respondent's response to my complaints was: [describe — investigation conducted / dismissed / no action taken / retaliation followed].

11.3. Respondent failed to comply with its obligations under 21 V.S.A. § 495h to investigate complaints of harassment promptly and take appropriate corrective action.

12. RETALIATION

☐ I engaged in protected activity, and Respondent retaliated against me. Details:

12.1. Protected activity: ☐ internal complaint ☐ EEOC/HRC/AG charge ☐ participation in investigation ☐ opposition to discrimination ☐ requested accommodation ☐ supported co-worker's complaint.

12.2. Date of protected activity: [__/__/____].

12.3. Knowledge: Respondent knew of my protected activity because [describe].

12.4. Adverse action after protected activity: [describe — termination, demotion, schedule change, harassment, discipline] on or about [__/__/____].

12.5. Causal connection: [describe temporal proximity, deviation from policy, statements showing retaliatory intent].

13. DAMAGES AND RELIEF REQUESTED

I have suffered the following harm and seek the following relief:

☐ Lost wages / back pay: approximately $[AMOUNT] to date
☐ Lost benefits (health, retirement, etc.)
☐ Front pay / future lost earnings
☐ Emotional distress, anxiety, depression
☐ Medical and counseling expenses: $[AMOUNT]
☐ Reinstatement to former position
☐ Promotion / hiring as remedy
☐ Reasonable accommodation
☐ Removal of disciplinary records
☐ Mandatory training and policy changes
☐ Compensatory damages
☐ Punitive damages
☐ Attorney's fees and costs
☐ Public posting of nondiscrimination notice
☐ Other: [_____________]

14. CROSS-FILING WITH THE EEOC

I expressly request that this Charge be dual-filed with the U.S. Equal Employment Opportunity Commission ("EEOC") pursuant to the Worksharing Agreement between the EEOC and the [Vermont Attorney General's Civil Rights Unit / Vermont Human Rights Commission] under 29 C.F.R. § 1601.13, to preserve all federal claims under:

☐ Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.)
☐ Americans with Disabilities Act (42 U.S.C. § 12101 et seq.)
☐ Age Discrimination in Employment Act (29 U.S.C. § 621 et seq.)
☐ Equal Pay Act (29 U.S.C. § 206(d))
☐ Pregnancy Discrimination Act
☐ Genetic Information Nondiscrimination Act (GINA)
☐ Pregnant Workers Fairness Act (PWFA)

I understand that this dual-filing satisfies the 300-day federal filing deadline for Vermont (a deferral state) under 42 U.S.C. § 2000e-5(e)(1).

15. ELECTION OF REMEDIES / RESERVATION OF RIGHTS

15.1. I understand that Vermont law does NOT require administrative exhaustion as a precondition to filing a civil action under 21 V.S.A. § 495b or 9 V.S.A. § 4506.

15.2. I expressly reserve the right to:

• Withdraw this Charge and file a civil action in Vermont Superior Court or U.S. District Court at any time;
• File simultaneous administrative charges with the EEOC, HUD (housing), and any other agency with concurrent jurisdiction;
• Seek a Notice of Right to Sue from the EEOC if dual-filed federal claims are not resolved within 180 days;
• Amend this Charge to add additional facts, claims, parties, or theories.

15.3. The filing of this Charge is not an election of remedies and does not waive any rights under federal, state, or local law.

16. VERIFICATION AND SIGNATURE

I, [CHARGING PARTY FULL LEGAL NAME], declare under penalty of perjury under the laws of the State of Vermont and the United States that the foregoing Charge of Discrimination is true and correct to the best of my knowledge, information, and belief.

Date: [__/__/____]

[________________________________]

[CHARGING PARTY NAME]

STATE OF VERMONT

COUNTY OF [COUNTY], ss.

Subscribed and sworn (or affirmed) to before me by [CHARGING PARTY NAME] this [____] day of [_______________], 20[____].

[________________________________]

Notary Public / Vermont Notarial Officer

(Commission Expires: [_______________])

17. VERMONT PRACTICE NOTES

• Split agency structure (CRITICAL). Vermont uniquely splits civil rights enforcement: the Human Rights Commission (HRC) handles housing, public accommodations, and State government employment (9 V.S.A. § 4553); the Attorney General Civil Rights Unit (CRU) handles private-sector employment. Filing with the wrong agency wastes time. When in doubt, call both intake lines and confirm jurisdiction before filing.
• HRC 1-year deadline. HRC rules require the Complaint of Discrimination to be filed within ONE YEAR of the alleged discriminatory act. This is one of the more generous administrative deadlines in the country (compare with EEOC's 300-day federal cap and 180 days in non-deferral states), but federal claims still face the 300-day EEOC limit.
• AG CRU intake. The AG CRU process begins with a screening call or online form, followed by a detailed questionnaire, then a formal charge. See https://ago.vermont.gov/divisions/civil-rights/civil-rights-unit-process. The CRU may attempt mediation before issuing findings.
• EEOC dual-filing. Both Vermont agencies have worksharing agreements with the EEOC. A timely Vermont charge is deemed cross-filed with the EEOC. To preserve federal claims, file within 300 days of the latest discriminatory act.
• No administrative exhaustion required for state claims. 21 V.S.A. § 495b(b) provides a direct private right of action without exhaustion. Hodgdon v. Mt. Mansfield Co., 160 Vt. 150 (1992). However, a charge can preserve evidence, trigger investigation, and create a settlement leverage point.
• Civil action statute of limitations. Six years for economic-loss FEPA claims (12 V.S.A. § 511); three years for personal-injury-flavored claims (12 V.S.A. § 512(4)). Egri v. Airways Inc., 174 Vt. 312 (2002). The agency charge does NOT toll the civil-action SOL; counsel must docket both deadlines.
• Free legal-services referrals. Vermont Legal Aid (vtlegalaid.org), Disability Rights Vermont (disabilityrightsvt.org), and the Pride Center of Vermont (pridecentervt.org) provide assistance to charging parties.
• Investigation outcomes. HRC issues "reasonable grounds" or "no reasonable grounds" determinations under 9 V.S.A. § 4554; reasonable-grounds findings may proceed to public hearing under § 4555 with administrative remedies. The AG CRU may file an action in state court seeking injunctive relief, back pay, damages, civil penalties, and fees if conciliation fails.
• Confidentiality. Charges and investigation files are generally not public during the pendency of the investigation; the agencies will publish redacted determinations after closure.
• Crime-victim status protection. Vermont was an early adopter of crime-victim status as a protected class (2018). Be sure to check this box where applicable — many practitioners overlook it.

18. SOURCES AND REFERENCES

• Vermont Human Rights Commission — https://hrc.vermont.gov/
• HRC: How to File a Complaint — https://hrc.vermont.gov/how-to-file
• HRC: Filing a Complaint procedural overview — https://hrc.vermont.gov/complaint
• HRC: Frequently Asked Questions — https://hrc.vermont.gov/resources/faq
• HRC Rules (Code of Vermont Rules) — https://hrc.vermont.gov/sites/hrc/files/laws/VHRC-Rules.pdf
• Vermont Attorney General Civil Rights Unit — https://ago.vermont.gov/divisions/civil-rights
• AG CRU Process — https://ago.vermont.gov/divisions/civil-rights/civil-rights-unit-process
• AG CRU Investigative Procedure — https://ago.vermont.gov/divisions/civil-rights/investigative-procedure
• AG CRU Employment Law Page — https://ago.vermont.gov/attorney-generals-office-divisions-and-unit/civil-rights/employment-law
• Workplaces For All (Vermont AG worker resource) — https://workplacesforall.vermont.gov/
• 21 V.S.A. § 495 — https://legislature.vermont.gov/statutes/section/21/005/00495
• 9 V.S.A. Chapter 139 — https://legislature.vermont.gov/statutes/fullchapter/09/139
• 12 V.S.A. § 511 — https://legislature.vermont.gov/statutes/section/12/023/00511
• U.S. EEOC — https://www.eeoc.gov/
• EEOC Boston Area Office — https://www.eeoc.gov/field-office/boston/location
• 29 C.F.R. § 1601.13 (Worksharing Agreements)
• Hodgdon v. Mt. Mansfield Co., 160 Vt. 150 (1992) (private right of action; no exhaustion)
• Egri v. Airways Inc., 174 Vt. 312 (2002) (FEPA limitations gravamen)
• Nat'l R.R. Passenger Corp. v. Morgan, 536 U.S. 101 (2002) (continuing violation doctrine)

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. Agency contact information, deadlines, and procedures change; verify current information through hrc.vermont.gov and ago.vermont.gov before filing.