§ 495b. Penalties and enforcement
(a)(1) The Attorney General or a State’s Attorney may enforce the provisions of this subchapter by restraining prohibited acts, seeking civil penalties, obtaining assurances of discontinuance, and conducting civil investigations in accordance with the procedures established in 9 V.S.A. §§ 2458-2461 as though an unlawful employment practice were an unfair act in commerce. Any employer, employment agency, or labor organization complained against shall have the same rights and remedies as specified therein. The Superior Courts are authorized to impose the same civil penalties and investigation costs and to order other relief to the State of Vermont or an aggrieved employee for violations of this subchapter as they are authorized to impose or order under the provisions of 9 V.S.A. §§ 2458 and 2461 in an unfair act in commerce. In addition, the Superior Courts may order restitution of wages or other benefits on behalf of an employee and may order reinstatement and other appropriate relief on behalf of an employee.
(2) Any charge or formal complaint filed by the Attorney General or a State’s Attorney against a person for unlawful discrimination or sexual harassment in violation of the provisions of this chapter shall include a statement setting forth the prohibition against retaliation pursuant to subdivision 495(a)(8) of this title.
(b) Any person aggrieved by a violation of the provisions of this subchapter may bring an action in Superior Court seeking compensatory and punitive damages or equitable relief, including restraint of prohibited acts, restitution of wages or other benefits, reinstatement, costs, reasonable attorney’s fees, and other appropriate relief.
(c) Any employer who violates the provisions of subdivision 495(a)(7) of this title shall be liable to any affected employee in the amount of the underpaid wages and an equal amount as liquidated damages, in addition to any other remedies available under this section. (Added 1963, No. 196, § 3; amended 1975, No. 198 (Adj. Sess.), § 2; 1981, No. 65, § 2; 1999, No. 19, § 5; 2001, No. 81 (Adj. Sess.), § 2, eff. April 25, 2002; 2015, No. 97 (Adj. Sess.), § 55; 2017, No. 183 (Adj. Sess.), § 2.)
Structure Vermont Statutes
Chapter 5 - Employment Practices
§ 301. Medical examination, expense
§ 303. Penalty; judicial bureau
§ 305. Nursing mothers in the workplace
§ 306. Public policy of the State of Vermont; employment separation agreements
§ 309. Flexible working arrangements
§ 342. Weekly payment of wages
§ 342a. Investigation of complaints of unpaid wages
§ 344. Assignment of future wages
§ 345. Nonpayment of wages and benefits
§ 346. Enforcement by Attorney General; employee misclassification
§ 387. Enforcement by Attorney General; employee misclassification
§ 391. Modification of wage orders
§ 396. Appeals from Commissioner’s decisions
§ 413. Notice and wage payment obligations
§ 416. Powers of the Commissioner
§ 430. Policy; definitions; rules
§ 431. Age limit; certificate as to eligibility of child under 16
§ 434. Employment of children under 16
§ 436. Employment of children under 14 years
§ 437. Employment of children; special restrictions; hours for children under 16 years
§ 442. Posting notices of hours of labor
§ 446. Duties of Commissioner as to employment of children
§ 448. Duty of person having control of child
§ 452. Suspension of subchapter
§ 453. Sale of goods made in violation of subchapter
§ 472a. Short-term family leave
§ 472b. Town meeting leave; employees; students
§ 472c. Leave; alleged crime victims; relief from stalking or abuse
§ 474. Penalties and enforcement
§ 483. Use of earned sick time
§ 484. Compliance with earned sick time requirement
§ 485. Severability of provisions
§ 491. Absence on military service and training; employment and reemployment rights
§ 494a. Polygraph testing as condition of employment
§ 494b. Employers permitted to require polygraph examinations
§ 494d. Employee rights in related proceedings
§ 495. Unlawful employment practice
§ 495a. Persons entering into contracts with this State
§ 495b. Penalties and enforcement
§ 495g. Provision applicable to college professors
§ 495i. Employment based on credit information; prohibitions
§ 495j. Criminal history records; employment applications
§ 495k. Accommodations for pregnancy-related conditions
§ 495l. Social media account privacy; prohibitions
§ 495m. Salary history; employment applications
§ 495n. Sexual harassment complaints; notice to Attorney General and Human Rights Commission
§ 496a. State funds; union organizing
§ 497c. Disability awareness month
§ 504. Income from vending facilities and machines
§ 505. Vending facilities; operation by other than a person who is blind or visually impaired
§ 507. Whistleblower protection; health care employees; prohibitions; hearing; notice
§ 512. Drug testing of applicants; prohibitions; exceptions
§ 513. Drug testing of employees; prohibitions; exceptions
§ 514. Administration of tests
§ 515. Positive test results; opportunity to retest
§ 518. Designated laboratory; rule making authority of the Commissioner