On Your Own; Your Legal Right @ Eighteen On Your Own formatted final version | Page 53

Sexual activity in the workplace is inappropriate. Under certain
circumstances, this activity will rise to the level of breaking the law. Sexual
harassment is a form of gender discrimination and means unwelcome
sexual advances, requests for sexual favors, and other verbal or physical
conduct of a sexual nature when:
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submission to that conduct is made a term or condition of
employment;
submission to or rejection of such conduct is used to make
employment decisions; or
the conduct has the purpose or effect of substantially interfering
with an individual’s work performance or creating an intimidating,
hostile, or offensive working environment.
Examples of sexual harassment include, but are not limited to, the
following: unwelcome sexual advances; suggestive or lewd remarks;
unwanted hugs, touches, kisses; requests for sexual favors; pornographic
posters, cartoons or drawings; sexual jokes and banter; comments on an
individual’s body or sexual activity; retaliating for complaining about
sexual harassment. Remember that the issue of offensiveness is
considered from the point of view of the person who feels harassed. Even
if your harasser thinks his or her conduct was innocent, this should not
dissuade you in filing a complaint.
All employers are required to provide each employee with a copy of a
written sexual harassment policy, including instructions for reporting
sexual harassment. Retaliation against an employee for reporting sexual
harassment or for cooperating in an investigation of a complaint of sexual
harassment is unlawful.
Drug Testing
Unless you work in a position governed by federal law (military jobs, or
CDL drivers, for example), there are significant restrictions placed around
a Vermont employer’s ability to drug test employees. After you are
employed, the employer cannot require you to take a drug test as a
condition of employment, promotion, or other part of your employment.
Vermont employers cannot conduct random or company-wide drug
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