Out in the Mountains

The Vermont Human Rights Commission:

Support at the State Level for Lesbian and Gay Rights

Sage Russell

Susan Sussman and the Vermont Human
Rights Commission, which she heads, are
among the strongest and most vocal sup-
porters in state government of full civil
and human rights for gay and lesbian Ver-
monters. There is an irony here, though.
Because the civil rights bill currently be-
fore the Legislature has not yet been
passed, it is legal to discriminate on the
basis of sexual orientation in Vermont,
and the Human Rights Commission can-
not use the legal remedies at its disposal
on behalf of gay men and lesbians.

The Vermont Human Rights Commission
was established by the State Legislature
in 1988, and began formal operations in
January 1989. Sussman, who has prac-
ticed law in Vermont since 1980, at Ver-
mont Legal Aid in Burlington, and then in
the Attorney General’s office, first in con-
sumer protection and then as head of the
Civil Rights Division, was named its first
Executive Director. Its statutory mandate
is to enforce the Fair Housing and Public
Accommodations Act and the Fair Em-
ployment Practices Act when the employ-
er is a state agency. (The Civil Rights Di-
vision of the Attorney General’s office
has jurisdiction over private employers.)
It has the authority to investigate and
prosecute charges of discrimination in
housing, public accommodations, and
state employment for people in the pro-
tected categories (race, sex, religion, etc.).

These are the specific areas in which peo-
ple can file charges of discrimination with
the Commission. The Commission in-
vestigates complaints and attempts con-
ciliation. If it believes that discrimination
has occuned and attempts at settlement
have failed, it can take the case to court
on behalf of the individual(s).

The Human Rights Commission is also
charged with increasing public awareness
of the importance of full civil and human

rights for all Vermonters, examining the
existence of discriminatory practices, and
recommending measures to protect civil
and human rights. Within the scope of this
second mandate, and to the extent that staff
and fimding permit, the Commission has
worked vigorously on behalf of gay men
and lesbians in this state.

In 1989 it held state-wide hearings to assess
the need for hate crimes legislation, and
Sussman provided expert testimony, based
in part on the results of these hearings, in
support of the Hate Crimes bill in 1990.
According to Keith Goslant, co-liaison to
the Governor from the gay/lesbian com-
munity, Sussman’s efforts were crucial in
getting the Hate Crimes bill passed. (Gos-
lant also says that Sussman was “wonderful
even before she went to the Human Rights
Commission”). The Commission maintains
statistics and operates a clearinghouse and
referral service for discrimination com-
plaints based on sexual orientation. Even
though the Human Rights Commission
cannot take cases to court, there may be
other legal remedies which gay men and
lesbians can pursue through private at-
tomeys.

This past year, the Commission developed
a state-wide referral list of lawyers ex-
perienced in and willing to take dis-
crimination cases. Gay and lesbian issues
were included on the survey at Sussman’s
insistence, and Goslant feels that this sets a
very important precedent. Sussman has
also conducted training workshops for law
enforcement officials on the Hate Crimes
law and on sensitivity issues involving sex-
ual orientation, and she expects to do more.

All of this work is carried out by a staff of
four: Sussman, two investigators, and an
administrative assistant. The assistant,
which had been a full-time position, was re-
duced to half-time in January as a result of
state budget cuts. The work of the Commis-

photo Sage Russell
Susan Sussman

sion is directed by five commissioners,
who are appointed by the Governor. The
commissioners and the staff strongly sup-
port passage of the lesbiian/gay rights bill
now before the Legislature. Susan Suss-
man has testified in favor of the bill before
and expects to do so again in this leg-
islative session.

According to Sussman, if the bill is passed,
“it will mean those people who believe
they have suffered discrimination (on the
basis of sexual orientation) in the sale or
rental of housing; in a place of public ac-
commodation, which could be a restaurant,
a hotel, a store, a private business, a
school; or a person who believes they’ve
suffered discrimination in state employ-
ment, whether it involves a hire, a pro-

 

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