Vermont H. 201: An act relating to length of stay at designated shelters

Bill Text

BILL AS INTRODUCED H.201
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VT LEG #378639 v.2
H.201 1
Introduced by Representatives Rachelson of Burlington, Christie of Hartford, 2
and Headrick of Burlington 3
Referred to Committee on 4
Date: 5
Subject: Labor; fair employment practices; commerce and trade; 6
discrimination; rental and sale of real estate; criminal history 7
Statement of purpose of bill as introduced: This bill proposes to prohibit 8
discrimination based on an individual’s criminal history in employment and 9
the rental or sale of housing. 10
An act relating to prohibiting discrimination based on an individual’s 11
criminal history 12
It is hereby enacted by the General Assembly of the State of Vermont: 13
Sec. 1. 21 V.S.A. § 495 is amended to read: 14
§ 495. UNLAWFUL EMPLOYMENT PRACTICE 15
(a) It shall be unlawful employment practice, except where a bona fide 16
occupational qualification requires persons individuals of a particular race, 17
color, religion, national origin, sex, sexual orientation, gender identity, 18
ancestry, place of birth, age, crime victim status, criminal history, or physical 19
or mental condition: 20

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VT LEG #378639 v.2
(1) For any employer, employment agency, or labor organization to 1
harass or discriminate against any individual because of race, color, religion, 2
ancestry, national origin, sex, sexual orientation, gender identity, place of birth, 3
crime victim status, criminal history, or age or against a qualified individual 4
with a disability. 5
(2) For any person individual seeking employees or for any employment 6
agency or labor organization to cause to be printed, published, or circulated 7
any notice or advertisement relating to employment or membership indicating 8
any preference, limitation, specification, or discrimination based upon race, 9
color, religion, ancestry, national origin, sex, sexual orientation, gender 10
identity, place of birth, crime victim status, criminal history, age, or disability. 11
(3) For any employment agency to fail or refuse to classify properly or 12
refer for employment or to otherwise harass or discriminate against any 13
individual because of race, color, religion, ancestry, national origin, sex, sexual 14
orientation, gender identity, place of birth, crime victim status, criminal 15
history, or age or against a qualified individual with a disability. 16
(4) For any labor organization to limit, segregate, or qualify its 17
membership with respect to any individual because of race, color, religion, 18
ancestry, national origin, sex, sexual orientation, gender identity, place of birth, 19
crime victim status, criminal history, or age or against a qualified individual 20
with a disability. 21

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VT LEG #378639 v.2
* * * 1
(l) The provisions of this section prohibiting discrimination on the basis of 2
criminal history shall not be construed to prohibit or prevent an employer from 3
discharging or refusing to hire an individual for a position: 4
(1) for which any federal or State law or regulation creates a mandatory 5
or presumptive disqualification based on one or more types of criminal 6
offenses for which the individual has been convicted or is subject to a pending 7
criminal charge; 8
(2) if the employer or an affiliate of the employer is subject to an 9
obligation imposed by any federal or State law or regulation not to employ in 10
that position any individual who has been convicted of one or more types of 11
criminal offenses for which the individual has been convicted or is subject to a 12
pending criminal charge; or 13
(3) that bears a substantial relationship to one or more types of criminal 14
offenses for which the individual has been convicted or is subject to a pending 15
criminal charge. 16
Sec. 2. 21 V.S.A. § 495d is amended to read: 17
§ 495d. DEFINITIONS 18
As used in this subchapter: 19
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VT LEG #378639 v.2
(18) “Criminal history” means all information related to an individual’s 1
contact with the criminal justice system, including data regarding 2
identification, arrest or citation, arraignment, judicial disposition, custody, and 3
supervision. 4
Sec. 3. 9 V.S.A. § 4501 is amended to read: 5
§ 4501. DEFINITIONS 6
As used in this chapter: 7
* * * 8
(14) “Criminal history” means all information related to an individual’s 9
contact with the criminal justice system, including data regarding 10
identification, arrest or citation, arraignment, judicial disposition, custody, and 11
supervision. 12
Sec. 4. 9 V.S.A. § 4502 is amended to read: 13
§ 4502. PUBLIC ACCOMMODATIONS 14
(a) An owner or operator of a place of public accommodation or an agent 15
or employee of such owner or operator shall not, because of the race, creed, 16
color, national origin, marital status, sex, sexual orientation, or gender identity, 17
or criminal history of any person, refuse, withhold from, or deny to that person 18
any of the