Vermont
Vermont Whistleblower Laws: Protections and How to Report
Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. · 1 primary source cited on this page. How we verify our legal content
Vermont protects whistleblowers through a combination of common-law public policy exceptions and sector-specific statutes. State employees receive explicit anti-retaliation coverage under 3 V.S.A. § 973 for reporting fraud, waste, or abuse, and municipal employees gained a parallel regime under 24 V.S.A. § 1998 effective January 1, 2025. Private-sector workers rely on targeted statutes covering areas such as wages, workers compensation, and occupational safety.
A Summary of Vermont Whistleblower Laws
Vermont is an employment-at-will state. This means employees can be discharged from work for any reason or no reason. However, there are a few exceptions to this doctrine that are used to protect employees from wrongful retaliation. These exceptions include common law protections and statutory protections. Statutory protections are laws that are enacted by the state's legislature to address specific subject areas, e.g., workers' compensation, whereas common law protections are laws that are created by courts to address subject areas that are not covered by enacted laws.
This is a summary of Vermont Whistleblower Laws, make sure to check out the Federal Whistleblower Laws as well.
Whistleblower Rights in Vermont
Common Law Protections
Vermont has a public policy that is applied as an exception to the employment-at-will doctrine. Therefore, it is illegal for employers to discharge an employee for reasons that violate public policy. To determine whether an employee is eligible for protection under the state's public policy, the courts usually rely on statutory protections, constitutional provisions, and prior judicial opinions. For example, if a statute endorses a worker's right to collect a wage not less than the minimum wage, an employer who discharges an employee in retaliation for exercising such a right may be found guilty of violating public policy. In the past, Vermont courts have protected employees who file a claim for worker's compensation benefits. Vermont has a shortage of cases that are under public policy. Therefore, it is uncertain whether the state's courts can protect whistleblowers who engage in activities other than filing a worker's compensation claim.
Statutory Protections
State Employees
It is illegal to retaliate against a state employee for:
- Reporting waste, fraud, abuse of authority, or violation of a law by an entity of State government, a State employee or official, or a person providing services to the State under contract.
- Reporting the existence of a threat to the health of employees, the public, or persons under the care of the state.
- Refusing to comply with an illegal order.
- Participating in the enforcement of this statute.
Municipal Employees
Effective January 1, 2025, municipal employees have their own whistleblower statute. It is illegal for an agency, department, or office of a municipality to retaliate against a protected employee for:
- Reporting, in good faith, a violation of law, waste, fraud, abuse of authority, or a threat to the health of employees, the public, or persons under the municipality's care.
- Assisting in an enforcement proceeding under the statute.
- Refusing to comply with an illegal order.
- Communicating with a municipal legislative body or with the General Assembly, or testifying before a municipal or legislative committee.
The statute also requires every agency, department, and office of a municipality to post notice of these protections in a prominent and accessible workplace location. A protected employee may pursue a claim with the Vermont Labor Relations Board, through binding arbitration under an available grievance procedure, or in Superior Court, but not in more than one of those forums.
Discrimination
Employers are not allowed to discharge or in any way discriminate against an employee in retaliation for:
- Opposing discriminatory practices that are prohibited under this statute.
- Lodging a complaint under this statute.
- Testifying or participating in an investigation concerning prohibited acts or practices held by the Attorney General, a State's Attorney, the Department of Labor, or the Human Rights Commission.
- Disclosing his or her wages or inquiring about or discussing the wages of other employees.
Also, an employee is protected if the employer retaliates against him or her because the employer believes that the employee intends to perform the activities mentioned above or if the employer knows that the employee has already performed the activities mentioned above. 21 V.S.A. § 495(a)(8).
Polygraph Protection Act
It is against the law to discharge, discipline, or in any way discriminate against an employee in retaliation for:
- Filing a complaint concerning a violation of this act.
- Testifying in a proceeding concerning a violation of this act.
Under this act, some employers are not allowed to require employees to take a polygraph examination as a condition for employment.
Healthcare employees
Employers are not allowed to discharge, suspend, alter terms of employment, or take any adverse action against an employee in retaliation for:
- Disclosing or threatening to disclose an activity, policy, practice, procedure, action, or failure to act of the employer that the employee believes is a violation of a law or constitutes improper quality of care.
- Providing information or testifying before a public body conducting an investigation, hearing, or inquiry into the employer's alleged violation of a law or improper quality of care.
- Objecting to or refusing to participate in any violation of a law or practices involving improper quality of care.
Protection for the first and third activities above (disclosing a violation, and objecting to or refusing to participate in one) applies only if the employee first reports the issue to the employer, a supervisor, or another person the employer has designated to receive such reports, and gives the employer a reasonable opportunity to address it. An employee does not have to make that internal report first if the employee reasonably believes doing so would be futile because it would not lead to appropriate action. This internal-reporting condition does not apply to providing information or testifying before a public body.
State Long-term Care Ombudsman
No person is allowed to take discriminatory, disciplinary, or retaliatory action against an employee, resident, or volunteer of a long-term care facility, of an entity providing long-term care through the Choices for Care program, or of an agency, in retaliation for:
Communicating or disclosing information to the Ombudsman's office to aid the office in carrying out its functions, duties, and responsibilities, unless the communication was made maliciously or in bad faith. An employee, resident, or volunteer subjected to such action may seek damages in Superior Court. 33 V.S.A. § 7508.
Minimum Wage
Employers are not allowed to discharge or in any way retaliate against an employee for:
- Filing a complaint under this statute.
- Cooperating with the commissioner in an investigation of a violation of this statute.
- Believing that the employee may file a complaint or cooperate in an investigation of a violation of this statute.
Parental and Family Leave
Employers are not allowed to discharge or in any way retaliate against an employee for exercising or attempting to exercise a right afforded by this statute. Under this statute, employees are entitled to take unpaid parental leave or family leave for a period of not more than 12 weeks during any 12-month period. 21 V.S.A. § 473.
Nursing Mothers
Employers are not allowed to discriminate against an employee in retaliation for exercising or attempting to exercise a right afforded by this statute. Under this statute, employers are required to provide reasonable time throughout the day to employees who are nursing mothers to express breast milk for their nursing children, for three years after the birth of a child. The reasonable time can either be compensated or uncompensated. Employers must also make a reasonable accommodation to provide appropriate private space that is not a bathroom stall. An employer is exempt only if providing the time or the private space would substantially disrupt the employer's operations. 21 V.S.A. § 305.
Occupational Safety and Health
No person is allowed to discharge or in any way discriminate against an employee in retaliation for:
- Filing a complaint under this statute.
- Instituting or causing the institution of a proceeding under this statute.
- Testifying or intending to testify in a proceeding under this statute.
- Exercising a right afforded by this statute on behalf of himself, herself, or others.
Smoking in the Workplace
Employers are not allowed to discharge, discipline, or in any way discriminate against an employee in retaliation for assisting in the enforcement or supervision of this statute. Under this statute, employers are required to establish smoke-free workplaces or restrict smoking to designated areas only. 18 V.S.A. § 1427.
Wages
Employers are not allowed to discharge or in any way retaliate against an employee for:
- Lodging a complaint concerning a violation of this statute.
- Cooperating with the Commissioner in an investigation of a violation of this statute.
- Believing that the employee may lodge a complaint or cooperate in an investigation of a violation of this statute.
Workers' Compensation
No person is allowed to discharge or in any way discriminate against an employee in retaliation for:
- Attempting to or filing a claim for benefits under this statute or under any other federal or state law.
- Suspecting or knowing that the employee has filed a complaint or reported a violation of this statute.
- Testifying or cooperating with the Department or other appropriate governmental agency in an investigation of misclassification, discrimination, or other violation of this statute.
Whistleblower Retaliation Claims in Vermont
Unless stated otherwise by a statute, retaliation lawsuits should be filed within 6 years of the retaliatory action. Several of the statutes below use 30-day or 180-day deadlines instead, so have a Vermont employment lawyer confirm which clock your claim is on in a free case evaluation (attorney advertising).
Occupational Safety and Health
Complaints under this statute should be filed with the Commissioner of Labor, through the Vermont Occupational Safety and Health Administration (VOSHA) at the Vermont Department of Labor, within 30 days of the retaliatory action. The statute directs the Commissioner to investigate and, if the Commissioner finds a violation, to bring an action in an appropriate State court. It does not give the employee a separate right to sue under this section.
Smoking in the Workplace
Complaints under this statute should be filed with the Commissioner of Health, at the Vermont Department of Health, within 30 days of the retaliatory action.
State Employees
Lawsuits under this statute should be filed within 180 days of the retaliatory action.
Municipal Employees
An action in Superior Court under the municipal whistleblower statute should be filed within 180 days of the retaliatory action.
Whistleblower Hotlines in Vermont
To file a whistleblower retaliation complaint with the Vermont Occupational Safety and Health Administration (VOSHA), part of the Vermont Department of Labor, call (802) 828-4000 or use the complaint links on the department's VOSHA page.
Complaints about retaliation for helping enforce the workplace smoking law go to the Vermont Department of Health, not to VOSHA.
Whistleblower Retaliation and Violation Penalties in Vermont
Unless stated otherwise by a statute, employers who carry out unlawful retaliation against an employee or individual may be liable to the aggrieved individual or employee for a combination or any of the following remedies:
- Reinstatement to the employee's former job position or equivalent position.
- Attorney's fees.
- Injunctive relief.
- Compensatory and punitive damages.
- Back pay, lost wages, benefits, and other remuneration.
- Plus any other appropriate relief.
State Employees
Persons who violate this statute may be liable to the aggrieved employee for:
- Reinstatement to the employee's former position without a change in seniority status.
- Back pay, lost wages, benefits, and other remuneration.
- Compensatory damages.
- Interest on back pay.
- Appropriate injunctive relief.
- Reasonable costs and attorney's fees.
- In the event of a willful or intentional violation, the aggrieved employee may be awarded an amount up to the amount of back pay in addition to the actual back pay.
Municipal Employees
Municipalities that violate this statute may be liable to the aggrieved protected employee for:
- Reinstatement to the same position, seniority, and work location held before the retaliatory action.
- Back pay, lost wages, benefits, and other remuneration.
- In the event of a willful, intentional, and egregious violation, an amount up to the amount of back pay in addition to the actual back pay.
- Other compensatory damages.
- Interest on back pay.
- Appropriate injunctive relief.
- Reasonable costs and attorney's fees.
Discrimination
Employers who violate this statute may be liable to the aggrieved employee for:
- Restraint of prohibited acts.
- Restitution of wages or other benefits.
- Reinstatement to the employee's former job position.
- Litigation costs, including reasonable attorney's fees.
- Compensatory and punitive damages.
- Plus any other equitable relief.
Healthcare employees
Employers who violate this statute may be liable to the aggrieved employee for:
- Reinstatement to the employee's former job position or equivalent position.
- Attorney's fees.
- Injunctive relief.
- Compensatory and punitive damages.
- Back pay, lost wages, benefits, and other remuneration.
- Plus any other appropriate relief.
Polygraph Protection Act
Employers who violate this statute may be liable to the aggrieved employee for:
- Lost wages and benefits.
- Reinstatement to the employee's former job position.
State Long-term Care Ombudsman
A person who willfully interferes with the Ombudsman's office may be punished by imprisonment of not more than 1 year or by a fine not exceeding $5,000, or by both imprisonment and fine. Separately, an employee, resident, or volunteer who is subjected to discriminatory, disciplinary, or retaliatory action may seek damages in Superior Court.
Minimum Wage
Employers who violate this statute may be liable to the aggrieved employee for:
- Compensatory and punitive damages.
- Restraint of prohibited acts.
- Restitution of wages or benefits.
- Reinstatement.
- Litigation costs, including reasonable attorney's fees.
- Plus any other appropriate relief.
Nursing Mothers
Employers who violate this statute may be liable to the aggrieved employee for:
- Temporary or permanent injunctive relief.
- Economic damages, including prospective lost wages for a period not exceeding one year.
- Investigative costs.
- Court costs.
Occupational Safety and Health
Employers who violate this statute may be liable to the aggrieved employee for:
- Rehiring or reinstatement to the employee's former job position with back pay.
- Plus any other appropriate relief.
Smoking in the Workplace
Employers who violate this statute may be liable to the aggrieved employee for:
- Rehiring or reinstatement to the employee's former job position with back pay.
- Plus any other appropriate relief.
Wages
Employers who violate this statute may be liable to the aggrieved employee for:
- Compensatory and punitive damages.
- Restraint of prohibited acts.
- Restitution of wages or benefits.
- Reinstatement.
- Litigation costs, including reasonable attorney's fees.
- Plus any other appropriate relief.
More Vermont Laws
Updates
Corrected the agency and hotline details for filing a retaliation complaint, removed a court option the occupational safety statute does not provide, added Vermont’s new municipal whistleblower law (24 V.S.A. § 1998, effective January 1, 2025), and tightened the nursing-mothers and long-term care Ombudsman sections to match the statutory text.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Clarified that two of the three healthcare-employee whistleblower protections under 21 V.S.A. 507 require the employee to first report internally and give the employer a chance to correct the issue, and corrected the citation-list label for that statute from 'state employees' to 'health care employees.'
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Vermont Statutes Annotated, Title 3: Executive, Chapter 27: State Employees Labor Relations Act, Subchapter: WHISTLEBLOWER PROTECTION
§ 973Protected activityIn force
(a) A State agency, department, appointing authority, official, or employee shall not engage in retaliatory action against a State employee because the State employee refuses to comply with an illegal order or engages in any of the following: (1) providing to a public body a good faith report or good faith testimony that alleges an entity of State government, a State employee or official, or a person providing services to the State under contract has engaged in a violation of law or in waste, fraud, abuse of authority, or a threat to the health of employees, the public, or persons under the care of the State; or (2) assisting or participating in a proceeding to enforce the provisions of this subchapter. (b) No State agency, department, appointing authority, official, or employee shall attempt to restrict or interfere with, in any manner, a State employee’s ability to engage in any of the protected activity described in subsection (a) of this section.
Official text (excerpt) · last checked 2026-09-16 · Read the full text in our law library · Verify at legislature.vermont.gov
Vermont Statutes Annotated, Title 21: Labor, Chapter 5: Employment Practices, Subchapter: WHISTLEBLOWER PROTECTION
§ 507Whistleblower protection; health care employees; prohibitions; hearing; noticeIn forcecited in 2 of our articles
(a) As used in this subchapter: (1) The “American Nurses Credentialing Center (ANCC)” means the national organization that developed the Magnet Recognition Program. The Magnet Recognition Program recognizes excellence in nursing services and is based on quality indicators and standards of nursing practice as defined in the American Nurses Association’s Scope and Standards for Nurse Administrators. The ANCC has the authority to designate “Magnet” status to hospitals that have demonstrated their current and ongoing commitment to excellence in nursing practice. (2) “Employee” means any person who performs services for wages or other remuneration under the control and direction of any public or private employer. (3) “Employer” means: (A) a hospital as defined in 18 V.S.A. § 1902(1); or (B) a nursing home as defined in 33 V.S.A. § 7102(7). (4) “Improper quality of patient care” means any practice, procedure, action, or failure to act of an employee or employer that violates any provisions of the Nurse Practice Act, codes of ethics, hospital policies, or any other established standards of care related to public or patient health or safety.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.vermont.gov
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Griffis v. Cedar Hill Health Care Corp. (Supreme Court of Vermont 2008, 185 Vt. 74)“…n her claim that the termination of her employment violated 21 V.S.A. § 507, which provides protection for “whistle…”
- Dawn Boynton v. ClearChoice MD, MSO, LLC and ClearChoiceMD, PLLC (Supreme Court of Vermont 2019, 2019 VT 49)“…r claim founded in contract, public policy, or statute. See 21 V.S.A. § 507 (providing whistleblower protections to…”
- P. Mark Potanas v. Department of Corrections (Supreme Court of Vermont 2024, 2024 VT 31)“…ramework of McDonnell Douglas to whistleblower claim under 21 V.S.A. § 507). If a plaintiff establishes their prim…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Vermont At-Will Employment Laws: Exceptions and Your Rights
Vermont Statutes Annotated, Title 21: Labor, Chapter 5: Employment Practices, Subchapter: FAIR EMPLOYMENT PRACTICES
§ 495Unlawful employment practiceIn forcecited in 2 of our articles
(a) It shall be unlawful employment practice, except where a bona fide occupational qualification requires persons of a particular race, color, religion, national origin, sex, sexual orientation, gender identity, ancestry, place of birth, age, crime victim status, or physical or mental condition: (1) For any employer, employment agency, or labor organization to harass or discriminate against any individual because of race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity, place of birth, crime victim status, or age or against a qualified individual with a disability. (2) For any person seeking employees or for any employment agency or labor organization to cause to be printed, published, or circulated any notice or advertisement relating to employment or membership indicating any preference, limitation, specification, or discrimination based upon race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity, place of birth, crime victim status, age, or disability.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.vermont.gov
Cited in 97 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Robertson v. Mylan Laboratories, Inc. (Supreme Court of Vermont 2004, 176 Vt. 356)“…se brought under the Vermont Fair Employment Practices Act, 21 V.S.A. §§ 495-496, plaintiff Lynne Robertson appeals…”
- Colby v. Umbrella, Inc. (Supreme Court of Vermont 2008, 184 Vt. 1)“…tate “is an employer under the definition of employer under 21 V.S.A. § 495,” and that it was therefore “liable for…”
- Gallipo v. City of Rutland (Supreme Court of Vermont 1994, 163 Vt. 83)“…complaint under the Vermont Fair Employment Practices Act, 21 V.S.A. §§ 495-496, alleging handicap discrimination b…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Vermont Statutes Annotated, Title 21: Labor, Chapter 5: Employment Practices, Subchapter: POLYGRAPH PROTECTION ACT
§ 494dEmployee rights in related proceedingsIn force
No employee shall be discharged, disciplined, or discriminated against in any manner for filing a complaint or testifying in any proceeding or action involving violations of the provisions of this subchapter. An employee discriminated against in violation of the provisions of this section shall be compensated by his or her employer the amount of any loss of wages and benefits arising out of such discrimination and shall be restored to his or her previous position of employment. (Added 1985, No. 89.)
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.vermont.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2002
Opinions citing this section in our collection:
- Foster v. Bittersweet Experience, Inc. (Supreme Court of Vermont 2002, 173 Vt. 617)“…estion of whether plaintiff was discharged is an element of 21 V.S.A. § 494d that must be presented to the jury as t…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Vermont Statutes Annotated, Title 33: Human Services, Chapter 75: State Long-Term Care Ombudsman
§ 7508Interference and retaliationIn force
(a) A person who engages in willful interference as defined in this chapter shall be imprisoned not more than one year or fined not more than $5,000.00, or both. (b) A person who takes discriminatory, disciplinary, or retaliatory action against an employee, resident, or volunteer of a long-term care facility; an entity that provides long-term care through the Choices for Care program contained within Vermont’s Global Commitment to Health Section 1115 demonstration; or an agency for any communication made, or information disclosed, to aid the Ombudsman’s office in carrying out its functions, duties, and responsibilities, unless the original communication or disclosure was done maliciously or without good faith, shall be imprisoned not more than one year or fined not more than $5,000.00, or both. An employee, resident, or volunteer of a long-term care facility, an entity that provides long-term care through the Choices for Care program contained within Vermont’s Global Commitment to Health Section 1115 demonstration, or an agency may seek damages in Superior Court against a person who takes such action prohibited by this subsection. (Added 1989, No. 251 (Adj.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.vermont.gov
Vermont Statutes Annotated, Title 21: Labor, Chapter 5: Employment Practices, Subchapter: MINIMUM WAGES
§ 397Retaliation prohibitedIn forcecited in 2 of our articles
(a) An employer shall not discharge or in any other manner retaliate against an employee because: (1) the employee lodged a complaint of a violation of this subchapter; (2) the employee has cooperated with the Commissioner in an investigation of a violation of this subchapter; or (3) the employer believes that the employee may lodge a complaint or cooperate in an investigation of a violation of this subchapter. (b) Any person aggrieved by a violation of this section may bring an action in the Civil Division of the Superior Court seeking compensatory and punitive damages or equitable relief, including restraint of prohibited acts, restitution of wages or benefits, reinstatement, costs, reasonable attorney’s fees, and other appropriate relief. (Added 2013, No. 15, § 9.)
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.vermont.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- William Pettersen v. Monaghan Safar Ducham PLLC (Supreme Court of Vermont 2021, 2021 VT 16)“…ent discrimination and minimum wage violations, see, e.g., 21 V.S.A. §§ 397(a), 495(a)(8), “reflect the overarching…”
- Cole v. Foxmar Inc. (District Court, D. Vermont 2019, 387 F. Supp. 3d 370)“…VESTA incorporates the retaliation provision set forth in 21 V.S.A. § 397, which states: (a) An employer shall…”
- United States Court of Appeals (Court of Appeals for the Second Circuit 2025)“…reasonable attorney’s fees, and other appropriate relief.” 21 V.S.A. § 397(b). And under VOSHA: “An employee aggri…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Vermont Minimum Wage 2026: $14.42 an Hour and Tipped Rate
Vermont Statutes Annotated, Title 21: Labor, Chapter 5: Employment Practices, Subchapter: PARENTAL AND FAMILY LEAVE
§ 473Retaliation prohibitedIn force
An employer shall not discharge or in any other manner retaliate against an employee who exercises or attempts to exercise his or her rights under this subchapter. The provisions against retaliation in subdivision 495(a)(8) of this title shall apply to this subchapter. (Added 1989, No. 83, § 1; amended 2013, No. 31, § 7; 2017, No. 74, § 36.)
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.vermont.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- Gates v. MacK Molding Co., Inc. (Vermont Superior Court 2021)“…ily Leave Act (“VPFLA”), implicating 21 V.S.A. § 472(f) and 21 V.S.A. § 473. Defendant argues that summary judgment…”
- Angela M. Gates v. Mack Molding Company, Inc. (Supreme Court of Vermont 2022, 279 A.3d 656)“…PFLA retaliation claim is based on a different statute. See 21 V.S.A. § 473 (“An employer shall not discharge or in…”
- Choudhary v. State of Vermont, Department of Public Service (District Court, D. Vermont 1993, 817 F. Supp. 428)“…aintiffs federal claims and those state law claims based on 21 V.S.A. §§ 473 and 495 remain before this Court, while…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Vermont Statutes Annotated, Title 21: Labor, Chapter 5: Employment Practices, Subchapter: CONDITIONS FOR EMPLOYMENT
§ 305Nursing mothers in the workplaceIn force
(a) For an employee who is a nursing mother, the employer shall for three years after the birth of a child: (1) Provide reasonable time, either compensated or uncompensated, throughout the day to express breast milk for her nursing child. The decision to provide compensated time shall be in the sole discretion of the employer, unless modified by a collective bargaining agreement. (2) Make a reasonable accommodation to provide appropriate private space that is not a bathroom stall. (b) An employer may be exempted from the provisions of subsection (a) of this section if providing time or an appropriate private space for expressing breast milk would substantially disrupt the employer’s operations. (c) An employer shall not retaliate or discriminate against an employee who exercises or attempts to exercise the rights provided under this section. The provisions against retaliation in subdivision 495(a)(8) of this title and the penalty and enforcement provisions of section 495b of this title shall apply to this section.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.vermont.gov
Vermont Statutes Annotated, Title 21: Labor, Chapter 3: Safety, Subchapter: OCCUPATIONAL SAFETY AND HEALTH
§ 231Employee rightsIn force
(a) No person shall discharge or in any manner discriminate against any employee because the employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceeding or because of the exercise by the employee on behalf of the employee or others of any right afforded by this chapter. (b) Any employee who believes that the employee has been discharged or otherwise discriminated against by any person in violation of this section may, within 30 days after the violation occurs, file a complaint with the Commissioner alleging the discrimination. Upon receipt of the complaint, the Commissioner shall conduct an investigation of the complaint as the Commissioner deems appropriate. If, after the investigation the Commissioner determines that the provisions of this section have been violated, the Commissioner shall bring an action in any appropriate State court against the person alleged to have violated this section.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.vermont.gov
Cited in 7 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Haverly v. Kaytec, Inc. (Supreme Court of Vermont 1999, 169 Vt. 350)“…intiff pleaded two claims for recovery: (1) Kaytec violated 21 V.S.A. § 231 by discriminating and retaliating again…”
- Mellin v. Flood Brook Union School District (Supreme Court of Vermont 2001, 173 Vt. 202)“…aints under the Vermont Occupational Health and Safety Act, 21 V.S.A. § 231 and Vermont Workers’ Compensation Act,…”
- Worthen v. Gaulin (Vermont Superior Court 2005)“…y filed an OSHA complaint or instituted an OSHA proceeding. 21 V.S.A. §§ 231–232. This statutory right of action pro…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Vermont Statutes Annotated, Title 18: Health, Chapter 28: Occupational Health, Subchapter: SMOKING IN THE WORKPLACE
§ 1427Employee rightsIn force
(a) An employer shall not discharge or discipline or otherwise discriminate against an employee because that employee assisted in the supervision or enforcement of this chapter. (b) Any employee who believes that he or she has been discharged or otherwise discriminated against in violation of this section may, within 30 days after such violation occurs, file a complaint with the Commissioner of Health alleging such discrimination. Upon receipt of such complaint, the Commissioner shall cause such investigation to be made as the Commissioner deems appropriate. If, upon investigation, the Commissioner determines that the provisions of this section have been violated, he or she shall bring an action in Superior Court against such person. In any such action, the court shall have jurisdiction for cause shown to restrain violations of subsection (a) of this section and order all appropriate relief including rehiring or reinstatement of the employee to his or her former position with back pay. (c) Within 90 days after the receipt of a complaint filed under this section, the Commissioner shall notify the complainant of the determination under subsection (b) of this section.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.vermont.gov
Vermont Statutes Annotated, Title 21: Labor, Chapter 5: Employment Practices, Subchapter: WAGES AND MEDIUM OF PAYMENT
§ 348Retaliation prohibitedIn force
(a) An employer shall not discharge or in any other manner retaliate against an employee because: (1) the employee lodged a complaint of a violation of this subchapter; (2) the employee has cooperated with the Commissioner in an investigation of a violation of this subchapter; or (3) the employer believes that the employee may lodge a complaint or cooperate in an investigation of a violation of this subchapter. (b) Any person aggrieved by a violation of this section may bring an action in the Civil Division of the Superior Court seeking compensatory and punitive damages or equitable relief, including restraint of prohibited acts, restitution of wages or benefits, reinstatement, costs, reasonable attorney’s fees, and other appropriate relief. (Added 2013, No. 15, § 8.)
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.vermont.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- bockus v. maple pro (Vermont Superior Court 2024)“…sponse to his complaint about unpaid wages, in Violation of 21 V.S.A. 348(a)(l). Maple Pro asserts that it termin…”
- Maynus v. State (Vermont Superior Court 2026)“…g that Maynus has failed to state a retaliation claim under 21 V.S.A. § 348. Mot. at 7–9. In addition, the State ha…”
- McCullough v. Federal Express Corporation (District Court, D. Vermont 2023)“…Judgment on Plaintiffs Retaliation Claim Under 21 V.S.A. § 348. Plaintiff's First Amended Compl…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Vermont Statutes Annotated, Title 21: Labor, Chapter 9: Employer's Liability and Workers' Compensation
§ 710Unlawful discriminationIn force
(a) No person, firm, or corporation shall refuse to employ any applicant for employment because the applicant asserted a claim for workers’ compensation benefits under this chapter or under the law of any state or of the United States. Nothing in this section shall require a person to employ an applicant who does not meet the qualifications of the position sought. (b) No person shall discharge or discriminate against an employee from employment because the employee asserted or attempted to assert a claim for benefits under this chapter or under the law of any state or of the United States. (c) The Department shall not include in any publication or public report the name or contact information of any individual who has alleged that an employer has made a false statement or misclassified any employees, unless it is required by law or necessary to enable enforcement of this chapter.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.vermont.gov
Cited in 12 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Murray v. St. Michael's College (Supreme Court of Vermont 1995, 164 Vt. 205)“…heir filing a' workers’ compensation claim, in violation of 21 V.S.A. § 710. II. At the outset, we re…”
- gates v. mack molding (Vermont Superior Court 2024)“…section 495b of this title shall apply to this subchapter.” 21 V.S.A. § 710(f). Thus, a prima facie case under the…”
- Guyon v. Intake Advantage, Inc. (Vermont Superior Court 2015)“…of retaliatory discrimination under 21 V.S.A. § 495(a) and 21 V.S.A. § 710(b), alleging that Defendant discriminat…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Vermont Statutes Annotated, Title 24: Municipal and County Government, Chapter 60: Municipal Code of Ethics
§ 1998Whistleblower protectionIn force
(a) Protected activity. (1) An agency, department, appointing authority, official, or employee of a municipality shall not engage in retaliatory action against a protected employee because the protected employee refuses to comply with an illegal order or engages in any of the following: (A) providing to a designated complaint recipient a good faith report or good faith testimony that alleges an entity of a municipality, employee or official of a municipality, or a person providing services to a municipality under contract has engaged in a violation of law or in waste, fraud, abuse of authority, or a threat to the health of employees, the public, or persons under the care of a municipality; or (B) assisting or participating in a proceeding to enforce the provisions of this section. (2) No agency, department, appointing authority, official, or employee of a municipality shall attempt to restrict or interfere with, in any manner, a protected employee’s ability to engage in any of the protected activity described in subdivision (1) of this subsection.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.vermont.gov
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Sources and References
- 21 V.S.A. § 507: protection of health care employees from retaliation(legislature.vermont.gov).gov
- 24 V.S.A. § 1998: whistleblower protection for municipal employees, effective January 1, 2025(legislature.vermont.gov)
- 18 V.S.A. § 1427(b): smoking-in-the-workplace retaliation complaint filed with the Commissioner of Health within 30 days(legislature.vermont.gov)
- 21 V.S.A. § 231: VOSHA discrimination complaint to the Commissioner, who brings any court action(legislature.vermont.gov)
- 21 V.S.A. § 305: nursing mothers, private space, three-year window, substantial-disruption exemption(legislature.vermont.gov)
- 33 V.S.A. § 7508: long-term care Ombudsman interference and retaliation, with Superior Court damages(legislature.vermont.gov)
- Vermont Department of Labor: VOSHA contact and complaint information(labor.vermont.gov)
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