Human Rights v. Human Resources
CourtVermont Superior Court
Date FiledNovember 2, 2026
Docket24-cv-2255
StatusUnknown
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Full Opinion
7ermont Superior Court
Filed 09/30/26
Washington Unit
VERMONT SUPERIOR COURT CIVIL DIVISION
Washington Unit Case No. 24-CV-02255
65 State Street
Montpelier VT 05602
802-828-2091
www.vermonyudiciary org
Vermont Human Rights Commission v. Vermont Department of Human Resources
ENTRY REGARDING MOTION
Title: Motion to Strike Class Allegations (Motion: 8)
Filer: Peter A. Sterling
Filed Date: August 06, 2026
A motion hearing shall be scheduled
Defendant Vermont Department of Human Rights has filed a motion to strike Plaintiff
Vermont Human Rights Commission's class allegations in the present matter. This matter
presents the Court with somewhat unique procedural circumstances.
Normally, when a party seeks to bring claims on behalf of a class, they must at the outset
satisfy the requirements of V.R.C.P. 23. This rule requires a showing by a1 plaintiff that at a
minimum, the class is (1) large enough to make joinder impracticable; (2) share common
questions of law or fact; (3) that the representative is bringing claims or defenses typical of the
class; and (4) that the representative parties will fairly and adequately protect the interests of the
class. V.R.C.P. 23(a). No such showing has been made in the present case.
Under 9 V.S.A. § 4553(a)(6)(A)(ii1), however, the Vermont Human Rights Commission
is uniquely empowered to bring actions seeking "Compensatory and punitive damages on behalf
of an aggrieved individual or class of individuals similarly situated." The Department of Human
Resources concedes that this provision includes the authority for the Human Rights Commission
to pursue claims on behalf of a class of similarly situated individuals. Neither the Department,
nor the Commission, however, have adequately explained in their briefing how Section
4553(a)(6)(A)(iii) interacts with Rule 23. While the Department references Rule 23 in its reply,
it does not rely on Rule 23 but suggests that the Court use it as a compass to map out a review of
the Commission's complaint. The Commission reads the Department's motion more narrowly
and focuses solely on the mechanics of a motion to strike under V.R.C.P. 12(f) without
addressing any of the issues of class certification or implementing the requirement "similarly
situated" found in Section 4553(a)(6)(A)(ii1). Instead, the Commission suggests that the
Department's motion is both too late (under Rule 12(f) and too early as the Commission reads a
right of discovery into its class certification process.
The Court finds neither approach entirely satisfactory. Section 4553 is an enabling
statute. It empowers to Commission to act on the behalf of others and to investigate, negotiate,
contract, and litigate on behalf of individuals and classes of individuals regarding discrimination
issues. It does not create new substantive rights, or unique court processes. The authority under
Section 4553(a)(6)(A)(ii1) may not correspond strictly to Rule 23, but the current complaint
Entry Regarding Motion Page 1 of 2
24-CV-02255 Vermont Human Rights Commission v. Vermont Department of Human Resources
appears to fall directly into the type of class action that Rule 23 was intended to cover. In this
respect Section 4553(a)(6)(A)(iii) gives the Commission standing to bring the present claim and
to act as a class representative, but it does not create or indicate what process a court should
adopt to ensure that any proposed class meets the constitutional requirements that go into
creating, certifying, and rendering decisions on behalf of a class of individuals.
For these reasons, the Court will set this matter for a 90-minute hearing with the parties
to allow them to supplement their filings with argument and any necessary representations to
address the Court’s concerns. To provide additional clarity, the Court will outline its general
concerns as follows:
1) Does V.R.C.P. 23 apply to the present matter?
2) If Rule 23 does not apply to the present case, then what process should apply to a
complaint brought under 9 V.S.A. § 4553(a)(6)(A)(iii) on behalf of an amorphous class
of individuals?
3) When and how should the Court review the components of the proposed class?
4) Apart from the language of “similarly situated” in 9 V.S.A. § 4553(a)(6)(A)(iii), what
other criteria should the Court apply in evaluating the proposed class?
5) Is the Commission entitled to limited discovery before the class can be certified? If so
what reasonable standards should apply to the discovery timeline?
6) Does 12 V.S.A. § 511 apply to the claims of any member of the class?
While the Court may have additional questions and issues as it continues to consider the
motion, these questions reflect the initial concerns of the Court and are included to help orient
the parties to the intended purpose of the hearing.
The Court Clerk is directed to set this matter for a 90-minute hearing at the next available
hearing date.
So Ordered.
Electronically signed on 9/30/2026 1:27 AM pursuant to V.R.E.F. 9(d)
__________________________________
Daniel Richardson
Superior Court Judge
Entry Regarding Motion Page 2 of 2
24-CV-02255 Vermont Human Rights Commission v. Vermont Department of Human Resources