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Introduced by Representatives Pugh of S. Burlington, Ancel of Calais, French
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of Randolph, Grad of Moretown, Haas of Rochester, Heath of
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Westford, Kainen of Hartford, Keenan of St. Albans City,
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Kennedy of Chelsea, Larson of Burlington, Leriche of
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Hardwick, Nuovo of Middlebury, Sweaney of Windsor and
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Trombley of Grand Isle
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Referred to Committee on
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Date:
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Subject: Labor; unemployment compensation; domestic violence; sexual
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assault; stalking
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Statement of purpose: This bill proposes to provide economic and personal
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security for survivors of domestic violence, sexual assault, and stalking by
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providing them with unemployment compensation benefits when they are
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forced to leave employment because of domestic violence, sexual assault, or
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stalking.
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AN ACT RELATING TO ECONOMIC SAFETY AND SECURITY FOR
SURVIVORS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND
STALKING
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It is hereby enacted by the General Assembly of the State of Vermont:
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Sec. 1. 21 V.S.A § 1344(a)(3) is amended to read:
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(a) An individual shall be disqualified for benefits:
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(3) For not more than six weeks nor less than one week immediately
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following the filing of a claim for benefits (in addition to the waiting period) as
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may be determined by the commissioner according to the circumstances in
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each case, if the commissioner finds that he or she the individual has left the
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employ of his or her last employing unit, without good cause attributable to
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such that employing unit, because of a:
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(A) A health condition, as certified by a health care provider, as
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defined in section subdivision 9432(8) of Title 18, which that precludes the
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discharge of duties inherent in such that employment, provided that before
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leaving that employment, the individual advised the employing unit about the
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limitations imposed by the health condition, and sought and did not refuse to
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accept other work offered by that employer suitable to the limitations imposed
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by the individual’s health condition.
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(B) Circumstances directly resulting from domestic violence, sexual
assault, or stalking, as defined in 15 V.S.A. § 1151, provided the individual:
(i) Left employment for one of the following reasons:
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(I) The individual reasonably fears that the domestic violence,
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sexual assault, or stalking will continue at or en route to or from the place of
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employment.
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(II) The individual intends to relocate in order to avoid future
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domestic violence, sexual assault, or stalking of the individual, a member of
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the individual’s family, or a co-worker of the individual.
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(III) The individual reasonably believes that leaving the
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employment is necessary for the safety of the individual, a member of the
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individual’s family, or a co-worker of the individual.
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(ii) Complied with all the following prior to leaving employment:
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(I) Pursued reasonable alternatives to leaving the employment,
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including seeking a protection order, relocating to a secure place, or seeking
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reasonable accommodation from the employer, such as a transfer or different
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assignment, provided that a failure to pursue reasonable alternatives may be
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excused if the individual establishes that pursuit of alternatives would have
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been futile or would not have adequately addressed the specific circumstances
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that led to the individual’s decision to separate from employment.
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(II) Provided the department with satisfactory documentation
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of the domestic violence, sexual assault, or stalking. The documentation may
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include a sworn statement from the individual attesting to the abuse or law
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enforcement or court records or other documentation from an attorney or legal
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advisor, member of the clergy, or health care provider, as defined in 18 V.S.A.
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§ 9432(8). Information relating to the domestic violence, sexual assault, or
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stalking, including the claimant’s statement and corroborating evidence,
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provided to the department shall not be disclosed by the department unless the
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claimant has signed a consent to disclose form. In the event the department is
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legally required to release this information without consent by the claimant, the
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department shall notify the claimant at the time the notice or request for release
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of information is received by the department.
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Sec. 2. DOMESTIC AND SEXUAL VIOLENCE TRAINING;
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DEPARTMENT OF EMPLOYMENT AND TRAINING
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(a) The department of employment and training in cooperation with the
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Vermont Network Against Domestic and Sexual Violence shall design and
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implement training for appropriate department employees who interact with
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claimants for unemployment compensation benefits regarding the nature and
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dynamics of domestic violence, sexual assault, and stalking in order to assure
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reliable screening and support and to assure that these claimants are informed
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of the full range of job services and support services provided by the
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department and other governmental agencies.
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(b) The training curriculum shall be designed and implemented no later
than 60 days after the effective date of this act.
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