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November 14, 2009
Supervisor Can Face Individual Liability Under Vermont Law For Employment Discrimination
Payne v. US Airways, Inc., __Vt.__(Sept. 29, 2009 Vermont Supreme Court) is an interesting decision.
The court holds that employer's agents may be held individually liable for violating Vermont Fair Employment Practices Act (VFEPA), which defines "employer" to include "any individual, organization , or governmental body ... and any agent of such employer," despite contention that federal court interpretations of Title VII that do not impose individual liability should be followed, since VFEPA's definition of "employer" unambiguously imposes individual liability for discriminatory conduct.
This case is a good example of how state employment discrimination law differs from federal law.
Mitchell H. Rubinstein
November 14, 2009 in Employment Discrimination | Permalink
