This is a monthly series in which the Attorney General will feature a Vermonter doing exemplary work in their community. Have someone you think should be featured? Email AGO.CAP@vermont.gov.
Advocate. Volunteer. Mentor. Organizer. Poet. These are just a few ways one can describe Kiran Waqar, our August Vermonter of the Month.
Kiran’s commitment to community service began while in the tenth grade, when she organized a blanket drive benefiting Syrian refugees. While Kiran’s accomplishments since then are too numerous to list, her dedication to service and social justice—as a creator of the slam poetry group Muslim Girls Making Change—is inspiring generations of Vermonters; leaving many of us asking, “What can I do to make a change in my community?
Our office had the pleasure of meeting Kiran when she served as an intern with the Vermont Attorney General’s Civil Rights Unit in 2017. During which time, she came up with the concept of Vermonter of the Month “as a way to engage with all sorts of Vermonters.” In relaying her vision, she shared that “By choosing numerous types of Vermonters with varied achievements you can reach out to a diverse group. I thought that was important.” While celebrating the one-year anniversary of Vermonter of the Month, we are so delighted to be recognizing its esteemed creator as our August honoree!
Kiran recently graduated from South Burlington High School and will be studying International Studies at American University this fall. We sat down with her earlier this month to talk about her plans for the future and thank her for all that she has done, and continues to do, for Vermonters.
What motivated you to become and advocate, and continues to inspire you today?
I’m motivated to advocate because I have the ability to do so. As the daughter of two immigrants from Pakistan, I grew up with a global perspective. I also grew up knowing the privileges I have as an American citizen. Knowing this, it seemed obvious to me to use the privileges that came with my identity to try to make a larger impact. I also am aware of my identity as a Muslim woman, particularly as one who chooses to wear the hijab. Taking up space is important for me as my identity is constantly being mischaracterized. Something that keeps me going is thinking about if I didn’t share my story, who would?
You’ll be leaving Vermont soon for college, what are you going to miss the most?
Probably the community I’ve found here. I’m going to miss my slam (poetry) family, my friends, my family, my mosque, and everyone who supported Muslim Girls Making Change in so many ways. I’m going to miss long car rides with my fellow poets, the amazing conversations with people post performance, and the joy of seeing new poets take stage. I’m especially going to miss Maglianero Cafe where our poetry journey started and Young Writers Project that fostered and supported it along the way.
What advice do you have for other Vermonters, young and old, hoping to make an impact on their communities?
I would say that every single person can make an impact and that it doesn’t have to be big to be effective. The smallest acts can have large effects and you never really know how you’re going to impact someone. Just being there and speaking your truth can touch someone in ways you don’t know, so I would say be authentic. Don’t try to censor yourself or cater yourself to the audience. It’s most important that you be whatever is most honest for you because you never know who needs to see that.
August marks the close of the summer with school days just around the corner. For many, this means a lot of shopping must be done. From school supplies to sizing-up clothes, it’s back to school and retail shopping season. Whether you shop in store or online, we hope to provide you with some helpful information to shop smart.
With the click of a mouse and the ability to shop late at night, online shopping is often thought of as easy. We can shop online while in our pajamas, but the lax nature of online shopping can leave us open to be less aware of our purchasing decisions. Before you buy online, we suggest that you explore the site and do some research.
Review and take screen captures of the return policy and save them in a folder on your computer—just in case you have to return something later.
Check out online reviews by typing in the name of the business and “complaints” to learn about others’ experiences.
Countless times we have heard consumers say, “I would not have bought from this site, if I had read the reviews.” Reviews are telling of consumer experience, letting people know if they received the product they ordered and if they were satisfied. Review sites can be helpful for both online and brick-and-mortar stores. Use sites like the Better Business Bureau and Yelp to get more information before you buy.
Did you know that retail supports more than 95,000 jobs and contributes more than 4.9 billion to the Vermont’s economy? Or that clothing and footwear are exempt from Vermont sales tax? If a retail location has a refund policy, they must post it at the point of display, the cash register, or the store entrance. Don’t assume that just because you purchased something at a physical location you will be able to get a refund! Vermont’s Consumer Protection Rule 106 – Disclosure of Refund Policy informs about what is required of retail locations in disclosing refund policies. Don’t forget, you can always call CAP at (800) 649-2424, if problems arise.
Happy shopping. And, don’t forget to enjoy these last few days of summer!
This is a monthly series in which the Attorney General will feature a Vermonter doing exemplary work in their community. Have someone you think should be featured? Email AGO.CAP@vermont.gov.
Through helping raise over $1 million for local nonprofits and providing second chances at employment, our July Vermonter of the Month, Dan Fraser of Dan & Whit’s in Norwich, is proving that small businesses can have BIG impacts on their Vermont communities.
Dan D. Fraser is the Vice President and Treasurer of Dan & Whit’s, a family-owned general store which is fondly considered the unofficial community center of Norwich. Dan began working at Dan & Whit’s (named after his grandfather, Dan S. Fraser) afterschool for two hours a week while in the 4th grade. As an adult, Dan continued his dual responsibilities of school and store for many years while working as a special education teacher and continuing to work at the general store. For 14 years, Dan worked in the Hartford (Vermont) and Dresden (New Hampshire) school districts before leaving to focus solely on his work at Dan & Whit’s.
After meeting with Dan and hearing about the positive work he is doing in his community, it’s clear that the same passions and beliefs that informed his work as an educator have carried over to his business. If you haven’t had the pleasure of visiting Dan and Whit’s or meeting Dan, just look to the banner hanging outside of the store—”Hate Does Not Grow In the Rocky Soil of Norwich, Vermont”—for proof of this.
What sets Dan and Whit’s apart from other general stores? What is the mission?
Our motto is “If we don’t have it, you don’t need it”—produce, meat, grocery, gas, hunting/fishing, clothing, hardware, lawn/garden, beer/wine, etc. We are the epicenter of town. Houses are sold locally in reference to us—“Just 2 miles from Dan & Whit’s.” We are the “community center” of Norwich. Our mission is to serve our customers. We set ourselves apart from other general stores in terms of size and product selection. We are open every day from 7am – 9pm, except for Thanksgiving and Christmas when we close at noon.
What inspires your work, both at Dan and Whit’s and in the community?
What inspires me—well, giving back to our community, supporting the needs and organizations of our customers creates loyalty. It’s a win-win. We like to make things happen when people say that it is impossible. I love a challenge. Helping others is so easy, and so rewarding. We support almost every sports team, religious organization, and non-profit in town and the Upper Valley. We do a monthly wine tasting, pairing with a different non-profit each month. We began this in December 2010 and have raised over $50,000. We also have Milk and Egg Monday where customers can purchase milk/eggs that we deliver to the Upper Valley Haven homeless shelter. Wednesdays are Pizza Wednesday and we donate $1 from each pizza sale to a non-profit.
In December 2013, I began “The 19 Days of Norwich, 1% for the Upper Valley Haven,” where we donated 1% of sales to local homeless shelter. Soon, all the businesses in town joined us. During the second year, many businesses in the Upper Valley joined us—over 100 businesses participated! In 2017, our fifth year, our cumulative total raised is over $1 MILLION!!!
What have you learned from your work with Dismas of Vermont?
With my background in special education, we employ many individuals with special needs. In addition, we have paired with Dismas of Vermont for many years now to employ newly paroled persons. I have learned that with additional layers of support, this can be very successful. Everyone has something to offer and deserves a second chance. We also employ homeless individuals who are guests at the Upper Valley Haven.
What advice do you have for other businesses looking to impact their community?
Think outside the box. Talk to nonprofits in your community and see how you can pair to solve issues and provide employment opportunities. Take the first step and get involved.
We’ve had some nice days here in Vermont. Though most people may not greet a sunshiny day with concern about ultraviolet (UV) protection, it is something we must be mindful about. UV radiation comes from the sun and man-made sources like tanning beds. The most common cancer in the United States, skin cancer, is primarily caused by too much UV exposure. The most obvious way to avoid UV exposure is to seek shade, or cover up, but for the times that you must be in the sun, a good sunscreen is recommended. There is no one sunscreen that will prohibit exposure to all types of UV rays. Even sunscreen labeled with 100% SPF only protects against 99% of UV rays.
What to look for in a sunscreen:
Sun Protection Factor (SPF) of 30 or more
“Broad Spectrum” on the label
No waterproof claims (water resistant is okay)
Unexpired and ideally good for at least 2 years
The sun emits many kinds of UV rays. SPF helps to protect against UVB, which primarily causes sunburn. But, just because you don’t get a burn, doesn’t mean your skin hasn’t encountered risky sun exposure. The Broad Spectrum label informs that the sunscreen has been shown to protect against both UVA and UVB rays. Sunscreen waterproof claims have been debunked by science, so, products can no longer make that claim. They can still say “water resistant,” and must state for how long the product would continue to work after swimming or sweating.
Sunglasses can provide great protection too. UV radiation from the sun can damage the cornea, lens, and other parts of the eye. Cataracts can also develop from too much sun exposure.
What to look for in sunglasses:
Full coverage of the entire eye, wraparound, or close-fitting frames to screen out 75 to 90 percent of visible light. Choosing larger frames can help.
Glasses that block 99 to 100 percent of UVA and UVB rays (may be
labeled with UV protection of UV400 or more)
Whether it’s under a tree, tarp, or behind some awesome shades and a hat, we hope you can get outside and enjoy the sunshine as much as possible this summer!
I suspect one of my employees is coming to work under the influence of alcohol or using drugs at work. What can I do?
Vermont’s drug testing law does not prevent employers from investigating or addressing potential workplace misconduct or safety issues relating to drug and alcohol use in the same way they would investigate other workplace issues. Instead, the law applies only if the employer is thinking about requiring an employee or job applicant to undergo a drug test.
Vermont law allows employers to test current employees for alcohol or drugs only in very limited circumstances, where the employer has in place a detailed and specific set of protocols and procedures.
What are the “very limited circumstances” in which I can drug test my employees?
Drug testing requirements are rigorous and prescribed by law because a policy of drug testing employees is serious. The criteria is summarized as follows:
The employer has “probable cause” to believe an employee is using or is under the influence while at work; AND
It can provide a bona fide rehab program for the employee; AND
It cannot fire an employee who tests positive for the first time — if the employee agrees to participate in and to complete successfully the employer-provided rehab program, the employer can place the employee on unpaid leave, but only for the time needed to complete rehab, up to three months.
If, after the employee completes the rehab program, the employer has probable cause to believe that the employee is again using or under the influence at work, the employer may require a new drug test, subject to the above procedures. Then, if an employee tests positive, the employer has the right (but not the obligation) to fire the employee.
[1]These requirements are very detailed, and include: (a) the specific drugs to be tested, (b) A written policy already in effect that complies with the statute, (c) no blood sample, (d) a designated laboratory approved by the Department of Health; (e) a chain of custody procedure; (f) a urinalysis procedure that complies with the statutory requirements; (g) a laboratory as to a positive test that requires both an initial test and a confirmation test pursuant to statute, (h) detection of a drug at a therapeutic level as defined by the Commissioner of Health shall be reported as a negative test result; (i) a written report that follows specific protocols, including that the medical review officer review the report, and discuss the results and options available with the individual tested. The written report must include six items required by statute. See 21 V.S.A. § 514.
In the context of the drug testing law, “probable cause” exists when the circumstance would lead an employer of rational caution to conclude that an employee is using or under the influence of substances while at work. Probable cause often includes a combination of signs, such as: stumbling, slurring of speech, odors of alcohol or other substances, or actually observing someone use in the workplace. Probable cause varies depending on the specific circumstances.
I’ve read about “reasonable suspicion drug testing.” Is that the same as “probable cause?”
No. “Reasonable suspicion” is a lower standard of proof and would not justify drug testing Vermont employees. Just as the police need probable cause to obtain a search warrant for a residence, employers need probable cause to obtain a drug test.
Can I drug test employees simply because they’ve had a workplace accident?
No. Employers still would need probable cause that the employee was using or under the influence on the job. The mere fact of an accident — which can happen for many reasons — isn’t enough.
Do the same rules apply to job applicants?
Some of the same rules apply, some don’t. Employers do not need probable cause to test job applicants nor do they need to offer them rehab. Employers do need to hold off on drug or alcohol testing until a job offer has been made and employment is conditioned on passing the test.
If employers decide to go that route, they still have to follow the same strict protocols for testing notice and procedures that apply to employees [1].
With regard to possible criminal history of applicants, we recommend employers also check out our plain language guidance on the “Ban the Box” statute.
[1]These requirements are very detailed, and include: (a) the specific drugs to be tested, (b) A written policy already in effect that complies with the statute, (c) no blood sample, (d) a designated laboratory approved by the Department of Health; (e) a chain of custody procedure; (f) a urinalysis procedure that complies with the statutory requirements; (g) a laboratory as to a positive test that requires both an initial test and a confirmation test pursuant to statute, (h) detection of a drug at a therapeutic level as defined by the Commissioner of Health shall be reported as a negative test result; (i) a written report that follows specific protocols, including that the medical review officer review the report, and discuss the results and options available with the individual tested. The written report must include six items required by statute. See 21 V.S.A. § 514.
Currently, Vermont permits only testing by urinalysis. The drug testing law specifically prohibits blood testing. It also permits testing only by labs approved by the Vermont Department of Health. Currently, the Department certifies these labs only with respect to urinalysis. Thus, other forms of testing, such as saliva or cheek swab testing, are not permitted.
Have Vermont’s employer drug testing laws changed now that recreational marijuana is legalized as of July 1, 2018?
The new marijuana law does not change Vermont’s drug testing laws. For more information check out our guidance aimed at assisting employers in navigating Vermont’s new recreational marijuana laws.
Does the new recreational marijuana use law address the workplace otherwise?
Yes, the new law (Vermont Act 86) contains several provisions expressly preserving certain employer rights. For example, it specifically states the following:
Does not require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growing of marijuana in the workplace;
Does not prevent an employer from adopting a policy that prohibits the use of marijuana in the workplace;
Does not create a legal cause of action against an employer that discharges an employee for violating a policy that restricts or prohibits the use of marijuana by employees; or
Does not prevent an employer from prohibiting or otherwise regulating the use, consumption, possession, transfer, display, transportation, sale, or growing of marijuana on the employer’s premises.
I’ve taken all the steps to conduct lawful pre-employment drug testing for my new hires. What happens if I become aware that one of these applicants is a medical marijuana card holder?
Employers should respect an applicant’s privacy and proceed with caution! Vermont issues medical marijuana cards only to individuals who need to treat a “debilitating medical condition” — a term that includes many legally-protected disabilities, such as cancer, glaucoma, or post-traumatic stress disorder. Because disability discrimination is unlawful, employers must ensure their decision-making isn’t affected by biased assumptions about a person’s known or suspected disabilities. (Remember: it’s illegal to discriminate against someone because one thinks they’re disabled — even if they aren’t actually disabled.)
Because each hiring decision is fact-specific and the consequences of disability discrimination are serious, employers with legal questions should consult with an attorney.
Remember also that a medical marijuana card does not entitle anyone to use or bring marijuana to the job or work under the influence.
My employee tested positive. I understand I need to provide rehab, but do I have to pay for it?
Yes. If employees are drug tested, the law requires a bona fide rehab program and the opportunity for an employee to attend if they test positive during an employee drug test.
An employer may offer a bona fide rehab program via an Employee Assistance Program (“EAP”), under an employee health insurance policy, or employer contract with a local hospital.
Do I have to pay for an employee’s time off for rehab?
The drug testing law itself does not require the employer to provide paid leave. However, in some cases, employees may have the right to apply already-earned paid leave benefits to the rehab leave. For example, Vermont’s Parental and Family Leave Act and the federal Family and Medical Leave Act grant employees the right to apply accrued paid leave to their absence. In addition, Vermont’s earned sick time law may allow employees on rehab leave to receive sick pay for the leave. Because these laws have different and overlapping eligibility and requirements, employers should speak to legal counsel about paid leave entitlements.
I obviously can’t have my staff under the influence on the job. Can I randomly drug test my staff?
Not unless a federal law or regulation requires random drug testing. Vermont law not only generally prohibits employers from requiring random testing, it also prohibits employers from requesting employees if they would voluntarily participate in a random drug testing program. Thus, for example, an employer not subject to federal drug testing requirements could not include a random drug testing program in a collective bargaining agreement even if employees approved the contract.
But remember– even though random drug testing is prohibited, employers can maintain a policy against drug and alcohol use in the workplace and discipline employees for violations of that policy, just as an employer would discipline for other workplace misconduct.
If I can’t randomly test, can I schedule an annual test for all employees?
Unless federal law requires such testing, Vermont employers cannot request, require, or conduct company-wide testing.
Are there exceptions to the prohibition on random drug testing?
Yes. As mentioned above, in limited circumstances, random drug testing may be required by federal law or regulation. For example, certain federal motor carrier safety regulations may require certain drivers to undergo periodic physical testing that may include drug tests.
However, because the federal regulations are very detailed and can be complex, it’s best to talk to an attorney before even asking employees to participate in random drug testing.
What if I become aware that one of my employees is addicted to drugs or alcohol? Can I fire them?
Employers must be careful to draw a line between an employee’s underlying medical condition, such as alcohol or drug dependence, and the employee’s behavior, such as whether they follow workplace rules and do their job. Vermont employers cannot fire anyone merely because they are addicted. However, they can take corrective action in response to workplace misconduct (such as using or being under the influence at work) or performance deficiencies (such as unexcused absences caused by drug or alcohol use).
In this respect, Vermont law is more protective of workers than its federal counterpart, the Americans with Disabilities Act (ADA). Under the ADA, current users of illegal drugs are excluded from the law’s anti-discrimination protections. Under Vermont law, however, current users of illegal drugs remain protected from discrimination unless such drug use prevents them from performing their job duties or constitutes a direct threat to the property and safety of others.
In other words, Vermont law protects workers who can safely do their job, even if they are currently struggling to overcome addiction.
What is the penalty if I unlawfully drug test my employees?
Under Vermont law, employees have the right to go to court to stop unlawful testing and to obtain any damages owed (including attorneys’ fees) based on the unlawful drug test.
An employee may also file a complaint with the Civil Rights Unit of the Vermont Attorney General’s Office, which investigates claims of violations of Vermont’s drug testing laws. If the state finds that a violation has occurred, employers may be fined between $500-$2,000 per violation.
In addition, an employer who knowingly violates the drug testing law may be subject to criminal penalties.
What happens if I violate the ADA or Vermont disability law in dealing with an employee addicted to drugs or alcohol?
The result would be the same if an employer violated those laws with respect to any other disability: the employee could pursue a private court action seeking damages or a court order requiring the employer to cure the discrimination, such as reinstatement to the job or providing a reasonable accommodation, which might include time off to treat the disability. Employers ruled to be in violation would also have to pay the employee’s attorney’s fees and costs as well.
For many, this means a lot of shopping must be done. From school supplies to sizing-up clothes, it’s back to school and retail shopping season. Whether you shop in store or online, we hope to provide you with some helpful information to shop smart.
After meeting with Dan and hearing about the positive work he is doing in his community, it’s clear that the same passions and beliefs that informed his work as an educator have carried over to his business. If you haven’t had the pleasure of visiting Dan and Whit’s or meeting Dan, just look to the banner hanging outside of the store—”Hate Does Not Grow In the Rocky Soil of Norwich, Vermont”—for proof of this.
We’ve had some nice days here in Vermont. Though most people may not greet a sunshiny day with concern about ultraviolet (UV) protection, it is something we must be mindful about. UV radiation comes from the sun and man-made sources like tanning beds. The most common cancer in the United States, skin cancer, is primarily caused by too much UV exposure. The most obvious way to avoid UV exposure is to seek shade, or cover up, but for the times that you must be in the sun, a good sunscreen is recommended. There is no one sunscreen that will prohibit exposure to all types of UV rays. Even sunscreen labeled with 100% SPF only protects against 99% of UV rays.
Whether it’s under a tree, tarp, or behind some awesome shades and a hat, we hope you can get outside and enjoy the sunshine as much as possible this summer!