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Vermont Human Rights Commission Sees Record Number of Discrimination Cases

Chadwick, Spensley & Fox, PLLC

Citing a record number of discrimination complaints in 2024, the Vermont Human Rights Commission has requested an additional $900,000 in funds to combat their heavy caseload. Enacted in 1987 by statute, the Human Rights Commission was formed to protect indivudals from discrimination, resolve disputes between parties involving discrimination and to serve as an educator of the public on matters involving discrimination.

Housing Discrimination Complaints Increase

A significant portion of the new cases involve complaints surrounding housing. Aggravated by the COVID pandemic and the moratorium on evictions, housing disputes have been developing for years and, with the eviction stay lifted, many of these cases are just recently weaving their way through civil court.

Big Hartman, the Executive Director of the HRC argued that they need to double their staff to address the record setting year. Currently, the HRC has 4 attorneys, 3 which investigate complaints and 1 who litigates cases in front of the Vermont Superior Court.

How do Human Rights Commission Complaints Resolve?

9 VSA Chapter 141 provides that a complaint brought before a judge or jury in the county the allegations occurred can result in a finding of discrimination and an award of damages, attorneys fees and costs.

Many HRC complaints resolve through negotiated agreements between the parties. The HRC is ordered by statute to remain neutral in their investigation and to only issue their findings which will either support a complaint to be filed in civil court or for the matter to be dismissed.

How Can Landlords Defend Themselves?

Those facing a HRC complaint have the right to counsel and the right to present evidence in support of their defense. It is not uncommon for a tenant to file an HRC complaint after they have learned that they are going to be evicted. When allegations of discrimination are brought, after the initial investigation phase, and a recommendation of a finding for discrimination, the matter can become public record. It may be important to evaluate this potential blemish on one’s business reputation in determining what the appropriate course of action in charting either a defense to the charge or a way to minimize the impact the HRC complaint will have on your business.

The foregoing content is for informational purposes only and should not be considered legal advice. Any specific legal questions should be directed to a Vermont licensed attorney.

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