[A]s the #MeToo movement continues to make its mark on American life and work, the Vermont House has approved legislation that will strengthen the state’s sexual harassment laws and provide new protections for those subjected to workplace misconduct.
“Sexual harassment is not merely a violation of the decency with which we all deserve to be treated, but causes real economic harm, both for the survivors and the overall economy,” Rep. Thomas Stevens, D-Waterbury, said during the second reading of the bill on Tuesday.
The House passed H.707 on Wednesday. Under the bill, employers are prohibited from requesting employees sign sexual harassment non-disclosure provisions or waivers of rights to sexual harassment claims. The bill also ensures that sexual harassment settlement agreements cannot bar an employee from working for an employer or a related entity in the future.
“This bill will remove the curtain behind which harassers have hidden their crimes, and will offer a place workers can go to find the help they need to say to their harasser ‘No thanks’ to unwanted sexual advances,” the bill’s lead sponsor, Rep. Sarah Copeland-Hanzas, D-Bradford, told VTDigger in a January interview.
It has been nearly 40 years since the Equal Employment Opportunity Commission (EEOC) determined in 1980 that sexual harassment constitutes a violation of the federal Civil Rights Act of 1964, granting victims of sexual harassment the right to submit discrimination claims. Sexual harassment claims in Vermont can be made either to the Vermont Humans Rights Commission or the EEOC.
In 1993 the Vermont Fair Employment Practices Act added to federal law by requiring employers to adopt policies against sexual harassment, and to provide copies of those policies to all employees to ensure “a workplace free of sexual harassment.” The statute also encouraged employers to host annual sexual harassment trainings.
Copeland-Hanzas and the 55 other representatives who sponsored H.707 felt that Vermont’s existing sexual harassment laws were not doing enough. Nationwide, 30 percent of women reported having experienced unwanted sexual advances at work, according to an ABC News-Washington Post poll from October 2017; Vermont was no exception.
“When I moved to Vermont after pursuing my career in New York City for 14 years, I believed I was moving to a kinder, gentler state. Sadly, I suffered the worst harassment experience of my career here in Vermont, shortly before I became a state representative eight years ago,” said Rep. Valerie Stuart, D-Brattleboro, explaining her vote in favor of the bill’s amendments on Tuesday. “Thanks to this legislation, sexual harassment has no home here in the state of Vermont.”
The bill calls on the office of the attorney general and the state Human Rights Commission to develop better “mechanisms for reporting instances of discrimination or sexual harassment,” and grants both the authority to inspect workplaces to ensure compliance with sexual harassment laws.
The bill also expands Vermont’s sexual harassment laws to include independent contractors.
The House has brought up for consideration this week two other bills of consequence to the well-being of Vermont women. The House gave preliminary approval on Wednesday to H.639, which bans cost-sharing of breast imaging services used in the detection of breast cancer and other abnormalities.
“The bill seeks to maximize and incentivize early detection (of breast cancer) for all Vermonters regardless of their economic status,” said Rep. Elizabeth Dunn, D-Essex, who introduced the bill.
Vermont law currently requires carriers to pay the full cost of mammograms, but it does not require full coverage of additional screening such as MRIs or ultrasound, which are required in the event that abnormalities are detected.
“This bill will reduce the cases of advanced breast cancer in our state, and it will increase the chance of survival for those unfortunate enough to develop the disease,” said Rep. George Till, D-Jericho, a doctor at the UVM Medical Center.
Rep. Anne Donahue, R-Northfield, called the bill “bad public policy,” saying it would increase insurance rates for Vermonters with other serious diseases.
On Tuesday, the House referred another bill, H.404, to the Committee on Appropriations. The bill would require Medicaid to reimburse health care providers for the cost of providing long-term contraceptives to Medicaid beneficiaries. The bill was sent to Appropriations because it involves the expenditure of state government funds.
“H.404 ensures that long-acting reversible contraceptives, one of the most effective reversible methods available, remain available to low-income women,” said Rep. Annmarie Christensen, D-Perkinsville, in a statement released on Tuesday by the Office of the Speaker of the House.
