Sarvis v. Vermont State Colleges, 172 Vt. 76

Summary

The Supreme Court of Vermont affirmed summary judgment for Vermont State Colleges after it terminated Robert Sarvis's employment contracts based on misrepresentations about his work history and concealment of his criminal conviction and incarceration. The court held that fraudulent inducement during the hiring process may support rescission and constitute just cause for termination. It also held that criminal history alone is not a protected category under Title VII absent discrimination based on race or another protected characteristic.

Holdings

1. Misrepresentation during the hiring process can constitute misconduct sufficient to support a just-cause dismissal when the employee fraudulently induced the employer to enter the employment contract.
2. An employer induced to enter employment contracts by the employee's fraudulent misrepresentations may rescind the contracts and avoid liability for breach; the same misrepresentations may support just-cause termination.
3. Title VII does not make criminal history, standing alone, a protected class or status and does not prohibit termination based solely on criminal history absent discrimination based on race or another protected characteristic.
4. Summary judgment for Vermont State Colleges was proper because the material facts were undisputed and the employer was entitled to judgment as a matter of law on the contract and Title VII claims.

Questions Presented

1. Whether Sarvis's preemployment misrepresentations and concealment of his incarceration and work history constituted misconduct and just cause for terminating his definite-term employment contracts.
2. Whether fraudulent inducement entitled Vermont State Colleges to rescind or avoid liability under the employment contracts.
3. Whether Title VII protects an employee from termination based solely on criminal history unrelated to a protected characteristic.
4. Whether summary judgment was proper on Sarvis's contract and Title VII claims.

Disposition

affirmed