Out in the Mountains

What to Do Next: Enforcement of the Anti-Discrimination Law

Susan Sussman

The time has finally come when gays, les-
bians, and bisexuals who have suffered
discrimination in employment, housing,
credit, insurance, or a place of public ac-
commodation, can pursue their cases un-
der recognized Vermont law. As of July
1, 1992, it is illegal in Vermont to make
an employment, housing, credit or in-
surance decision, or to discriminate in a
place of public accommodation, on the
basis of a person's sexual orientation. In
addition, people who suffer harassment at
work because of their sexual orientation
may also seek protection under the new
law.

Now that this legal protection exists, how
can a person file a complaint, and what is
necessary in order to prove the case? If
you believe you have suffered unlawful
discrimination, there are a number of
things you need to consider.

In order to file a charge of discrimination,
a person must be able to meet an initial
three part test: you are, or are perceived to
be, gay/lesbian/bisexual; you have suf-
fered an adverse action in employment,

housing, credit, insurance, or in a place of
public accommodation; and you have
some reason to believe that the adverse
action was based on your sexual orienta-
tion. This last part is the most difficult -
you either need direct evidence of dis-
crimination, i.e. the person making the de-
cision tells you that s/he would never
hire, rent or allow you entrance because s/
he doesn't like you being a (sexual or-
ientation expletive), or you have some
other evidence indicating that your sexual
orientation was the reason for the adverse
action.

It is always helpful to ask directly why
you have received the particular adverse
decision or treatment - a person might be
hostile or direct enough to admit his or
her bias, not realizing (or caring) that they
are now in violation of Vermont law. If a
person admits to discrimination, it is cer-
tainly a much easier case to prove.

The more difficult situation is when you
feel, in you gut, that you have been the
victim of discrimination, even when there
has been no overtly hostile statement. In

these situations, you must try to remember
as much about the interview or interaction
as possible. How could the person have
known your sexual orientation? Was any-
thing said during the interview or when
you were fired, that was related to your
sexual orientation? How loong were you
and your partner left standing at the en-
trance to the restaurant while other people
arriving afterward were seated? If you are
suspicious of housing discrimination when
a landlord tells you that the apartment had
already been rented, have a friend call the
landlord to see whether it is still available.

You must also keep in mind that just be-
cause you are a lesbian, gay or bisexual,
the refusal to hire or rent to you may not
have been because of your sexual orienta-
tion. If the employer or landlord has a le-
gitimate, non-discriminatory reason for
making his or her decision, then it is pos-
sible that the discrimination did not occur’
e.g. if the person hired was much more
qualified for the job; the reason you were
fired was due to poor work performance;
or you were not served at the bar because
you were intoxicated. On the other hand, if

 

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