USVI Public Records

Whereas this title is enacted under the police power of the Territory of the United States Virgin Islands, for the protection of the public welfare, order, health, safety, and peace of all of the people therein; and Whereas the Legislature finds and hereby declares that practices of racial discrimination against any of the inhabitants of the United States Virgin Islands because of race, creed, color, or national origin not only threatens the rights and proper privileges of its inhabitants but menaces and threatens the foundations of a free and democratic territory and menaces and threatens the peace, order, health, safety, and general welfare of its inhabitants; and Whereas it is the cultural and democratic heritage of the people of the United States Virgin Islands to respect the human and civil rights of all people and to judge all persons according to their individual merit without reference to race, creed, color, or national origin; and to cherish the racial equality, harmony, and good will that exists in the United States Virgin Islands; and Whereas racial discrimination, segregation, and other forms of bias and bigotry are not part of the way of life of the people of the United States Virgin Islands: Now, therefore, it is declared to be the public policy of the United States Virgin Islands that all natural persons within its jurisdiction shall be entitled to the full and equal accommodations, advantages, facilities, and privileges of any place of public accommodations, resort, or amusement, and to the equal opportunity and treatment in employment in any and all businesses and industrial establishments, and to membership in all labor organizations, and to equal privileges in the purchase, lease, or rental of real estate, and in the purchase of any commodity or service offered for sale; subject only to conditions or limitations imposed by law and applicable in like manner to all persons. In order to implement this public policy, it is the intent of this chapter to prevent and prohibit discrimination in any form based upon race, creed, color, or national origin, whether practiced directly or indirectly, or by subterfuge in any and all places of public accommodations, resort, or amusement, and in all sales of real estate, goods, articles, accommodations, commodities, or services, and in the employment of persons, or their working conditions, or obtaining union membership, and to prohibit clubs from establishing a private clientele of either members or guests, which they have selected, and with which persons alone will they transact their business and commerce. History: Amended June 9, 1961, No. 710, § 1, Sess. L. 1961, p. 58.

As used in this chapter- "discrimination" includes refusal of sale or service, employment, or of setting up different standards in any of these, or segregation, based on race, creed, color, or national origin. "place of public accommodation, resort, or amusement" means any place where food or drink is sold, or rooms rented, or charge is made for admission or service, or occupancy or use of any property or facilities, including but not limited to inns, hotels (whether conducted for the entertainment of transient guests or for the accommodation of those seeking health, recreation, or rest), taverns, roadhouses, rooming houses, restaurants, eating houses, or any places where food is sold for consumption on the premises, buffets, saloons, barrooms, parks or enclosures where food, spirituous or malt liquors, wines, soft drinks or beer are sold, bathing houses, beaches, swimming pools, barber shops, beauty parlors, soda fountains, drink parlors of all kinds, shops, stores, gardens, amusement and recreation parks, theaters, golf courses, public and private schools, clubs (if food, drink or other commodities are sold there), public conveyances operated on land or water or in the air as well as the stations or terminals thereof, or any hospital, sanitarium, dispensary, or clinic. "club" means any association of individuals banded together by their free accord for any lawful purpose. "protective hairstyle" means hair characteristics, hair texture and hairstyles that include but are not limited to, such hairstyles as braids, locks, twists, cornrows, Bantu knots, Afros, and other styles in which the hair is tightly coiled or tightly curled. "race" includes traits historically associated with race, including, but not limited to hair texture, hair type or and protective hairstyles." The provisions of this chapter shall not bar any club organized and operated exclusively for pleasure, recreation or other noncommercial purposes, which is supported by or derives its funds entirely from dues and contributions from its membership. This chapter does not prohibit such lawful private clubs; it does not regulate their free selection of club membership; and does not restrict their freedoms of choice or association. This chapter does, however, prohibit such clubs, along with all other persons, from selling, leasing, or renting real estate, and from entering the field of business and commerce by selling food or drink or any other commodity or charging for the use of any beach or other club facility or service, or from using the license issued to them to do so, on any discriminatory basis whatsoever. Whenever or wherever a club sells any of the commodities or services mentioned in this chapter either to its membership or its guests selected by itself, it is hereby declared to have entered the field of business and commerce, and, therefore, to be a place of public accommodation under the meaning of this chapter. History: Amended June 9, 1961, No. 710, § 1, Sess. L. 1961, p. 58; amended Apr. 11, 2022, No. 8553, § 2(a), Sess. L. 2022, p. 102.

(a) All natural persons within the jurisdiction of the United States Virgin Islands, without regard to race, creed, color, or national origin, and subject only to the conditions and limitations established by law and applicable in like manner to all persons, are entitled to- (1) equal treatment with respect to employment, pay and working conditions in any and all businesses and industry, and with respect to union membership. (2) the full and equal accommodations, advantages, facilities, and privileges of any place of public accommodation, resort, or amusement. (3) the full and equal privilege to purchase or rent any item of real estate, goods, commodities, service or any other thing offered for charge to others. (b) No person, being the owner, proprietor, superintendent, manager, agent, or employee of any publicly licensed business or any other business or industrial establishment, shall directly, indirectly or by subterfuge, deny employment in or at such business to any applicant therefor, or engage in or permit any discrimination or differential in pay or working conditions for workers doing the same work, on account of race, creed, color, or national origin, subject only to the conditions and limitations established by law and applicable in like manner to all persons. (c) No person being an officer, agent, or employee of a labor organization shall directly, indirectly or by subterfuge deny membership in such organization to any applicant therefor, on account of race, creed, or color, or national origin, subject only to the conditions and limitations established by law and applicable in like manner to all persons. (d) No person, being the owner, proprietor, lessee, superintendent, agent, or employee of any place of public accommodation, resort or amusement, shall directly or indirectly or by subterfuge- (1) withhold from or deny to any other person any of the accommodations, advantages, facilities, or privileges thereof; or (2) adopt or pursue any custom, policy, practice, requirement or secret understanding, or any custom or policy of nonmembership discrimination or guest-card requirement with respect to the operation or management of such place which is intended, calculated or designed to, or which shall have the effect of discriminating against any other persons on account of race, creed, color, or national origin, or by reason of nonmembership in a club. (e) No person, being an officer, owner, proprietor, manager, superintendent, lessee, agent or employee of any business or club, engaged in selling, leasing or renting any plots of land, building sites, lots, estates, houses, apartments, or any other item of real estate shall, directly or indirectly or by subterfuge, deny to any other person the right to purchase, lease or rent any such item of real estate, on account of race, creed, color, or national origin, subject only to the conditions and limitations established by law, and applicable in like manner to all persons. (f) Any restrictive covenant or condition or other provision in a deed, contract or writing of whatsoever nature relating to the conveyance, sale, lease or rental, of real estate, or any interest therein, which in any manner prohibits or restricts the reconveyance or resale, ownership, use or enjoyment of such real estate or interest therein on account of race, creed, color, or national origin, is contrary to public policy and hereby declared null and void and of no effect whatsoever. Likewise any covenant, condition, or provision in such deed, contract or writing requiring resale back to the seller or to some other particular person, corporation or group or any other special option on the part of the seller, except in family relationship, deeds of conveyance under the auspices of programs of the Virgin Islands Housing Finance Authority and government homestead deeds, is hereby declared to be subterfuge and also void and of no force whatsoever. (g) The use of any roadway or street into, within or through any subdivision of residential development of ten or more dwellings, which roadway or street is open to the use of any other persons as guests, visitors or permittees, other than the actual inhabitants thereof, shall not be denied or restricted directly, indirectly or by subterfuge, to any person on account of race, creed, color, or national origin, subject only to the conditions and limitations established by law and applicable in like manner to all persons. (h) No individual in the Virgin Islands may be excluded from participation in or be denied the benefits of any program or activity of a college, university, or other postsecondary institution, or a public system of higher education; or an elementary or secondary education system or vocational or career technology education, or other school system; or be subjected to discrimination under any program or activity of any school or educational institution, based on race. History: Amended June 9, 1961, No. 710, § 1, Sess. L. 1961, p. 58; Oct. 10, 1989, No. 5468, Sess. L. 1989, p. 107; amended Apr. 11, 2022, No. 8553, § 2(b), Sess. L. 2022, p. 102.

Determination and Registration (a) No later than January 15 of each year, any person maintaining, owning, leasing, possessing, or operating any club facilities consisting of physical property such as land, beaches, or buildings shall file with the Civil Rights Commission- (1) a statement of the licenses he holds to sell liquor, food or drink, or to rent rooms, or to charge for any other use or occupancy of property, facility, service or beach, together with a statement of what articles, if any, are sold, what rooms, if any, are rented, and what other facilities or services are maintained for charge; and (2) if an incorporated or unincorporated association of individuals, a copy of its constitution and bylaws, together with a list of all duly elected officers and directors and a list of all members of the association- (b) If any charges, as described in subsection (a) of this section, are made either to members or nonmembers of clubs, the statement required by such subsection shall also include an affidavit by the president and manager of the club in each such case, certifying that there is no discrimination in such sales, renting, or use based upon race, creed, color, national origin or nonmembership in the club. (c) Any place at or on which charges are made in any manner for any article, or for the use or occupancy of any property, facility or service located or operated thereon is expressly declared to be a place of public accommodation, resort or amusement within the spirit and meaning of this chapter, and shall, upon determination as such by the Civil Rights Commission or the District Court of the United States Virgin Islands, be so registered in the office of the Civil Rights Commission. History: Amended June 9, 1961, No. 710, § 1, Sess. L. 1961, p. 58; June 24, 1987, No. 5265, § 404(b), Sess. L. 1987, p. 56.

to Religious Bodies Maintaining Schools This chapter shall not be construed as preventing a reasonable difference in charges by parochial or denominational schools for tuition of members and nonmembers or preference in admission to members of the religious body maintaining the school. History: Amended June 9, 1961, No. 710, § 1, Sess. L. 1961, p. 58.

History: Repealed. Feb. 15, 1974, No. 3519, § 2, Sess. L. 1974, p. 19.

Whoever, whether as owner, officer, manager, agent, or employee of any business or industrial establishment, labor organization, place of public accommodation, resort or amusement, or club, violates any of the provisions of this chapter, shall, for each and every such violation, be - (1) liable in actual damages, and in addition, thereto, to punitive damages not to exceed $5,000 to be recovered in a civil action by the person aggrieved thereby or by any resident of the United States Virgin Islands to whom the person aggrieved may assign his cause of action; and (2) fined not more than $2,000 or imprisoned not more than one year, or both. The owner or owners of any business where an offense mentioned herein has been committed by his or its officer, manager, agent, or employee, such owner or owners shall be severally and/or jointly liable with the offender for the actual and punitive damages provided for herein. Each day of violation shall constitute a separate offense. Neither penalty nor action listed above, in subdivisions (1) and (2) of this section, shall be a bar to the other, and recovery or action in one shall not preclude action or recovery in the other or in any other lawful remedy otherwise possessed by an aggrieved person. Any person who conspires with another person to violate any of the provisions of this chapter shall be liable as a principal violator and subject to all of the penalties above. History: Amended June 9, 1961, No. 710, § 1, Sess. L. 1961, p. 58; Apr. 10, 1974, No. 3552, Sess. L. 1974, p. 79.

Whenever the Attorney General of the Virgin Islands has information that any person engages in any act, or adopts or pursues any custom, policy, practice, or requirement amounting in effect to violation or evasion of this chapter, he shall procure a rule to show cause to issue out of the District Court of the Virgin Islands requiring such person to show cause before such court why his license to do business should not be revoked because of an act or acts committed against public policy. If the court finds that such person has violated or is violating any of the provisions of this chapter, it shall order his license revoked or suspended because of an act or acts committed against public policy. History: Amended June 9, 1961, No. 710, § 1, Sess. L. 1961, p. 58.

In addition to any other penalties provided for in this chapter, the license to conduct a business, or to sell any articles or facilities or services, or any tax or fee exemption or subsidy granted under the provisions of subtitle 4 of Title 33, of any person who violates any of the provisions of this chapter in connection with such business, sale of articles or facilities or services may, in the discretion of the Governor, after adequate notice and hearing, be revoked, suspended or its renewal denied. History: Amended June 9, 1961, No. 710, § 1, Sess. L. 1961, p. 58.

The courts shall construe this chapter liberally in furtherance of its intent as stated in section 1 of this title. History: Amended June 9, 1961, No. 710, § 1, Sess. L. 1961, p. 58.

of Chapter (a) It shall be an unlawful discriminatory practice for any person engaged in any activity to which this chapter applies to discriminate against any other person because he or she is or has been an officer or member of the National Guard of the United States Virgin Islands. (b) All of the provisions of this chapter shall be applicable to any proceedings to prevent, enforce, and remedy violations of subsection (a) of this section. History: Added June 15, 1982, No. 4716, § 1, Sess. L. 1982, p. 91.

Every holder of a license issued after July 9, 1961, shall be required to sign a statement: (1) that he will comply with any and all provisions of the Civil Rights Act of the United States Virgin Islands applicable to his or its business, and (2) that he will post as a condition of its continuing validity his license, and/or any other display which the Civil Rights Commission may require, in a prominent place in his business place or office. History: Added June 9, 1961, No. 720, § 1, Sess. L. 1961, p. 71; amended June 24, 1987, No. 5265, § 404(b), Sess. L. 1987, p. 56.

The Civil Rights Commission shall require licensees to display a sign in their business places bearing the inscription: "This business complies with the Civil Rights Act of the United States Virgin Islands". In lieu of such sign and inscription, the Civil Rights Commission may create or authorize the creation of a monogram which, when posted, shall signify that the business where displayed does comply with the Civil Rights Act. History: June 9, 1961, No. 720, § 2, Sess. L. 1961, p. 71; amended June 24, 1987, No. 5265, § 404(b), Sess. L. 1987, p. 56.

The Civil Rights Commission shall mail a printed copy of the Civil Rights Act to each current licensee of record and shall issue a copy of the same with any license hereafter issued by him. History: June 9, 1961, No. 720, § 3, Sess. L. 1961, p. 71; amended June 24, 1987, No. 5265, § 404(b), Sess. L. 1987, p. 56.

Whoever, being the holder of any license to do business in the United States Virgin Islands, fails to display same prominently in his business place during business hours or a government-issued monogram in lieu thereof as provided in section 42 of this title, or fails to produce and show his license to police inspectors when demanded, shall be guilty of a misdemeanor and punishable by a fine not exceeding $200 or by imprisonment not exceeding 30 days, or by both. History: June 9, 1961, No. 720, § 4, Sess. L. 1961, p. 71.

The provisions of this chapter shall be deemed an exercise of the police power of the territory for the protection of the public welfare, health and peace of the people of this territory and in fulfillment of the provisions of the Revised Organic Act of this territory concerning Civil Rights. The Legislature hereby finds and declares that the territory has the responsibility to act to assure that every individual within this territory is afforded an equal opportunity to enjoy a full and productive life and that failure to provide such equal opportunity, whether because of discrimination, prejudice, intolerance or inadequate education, training, housing or health care not only threatens the rights and proper privileges of its inhabitants but menaces the institutions and foundation of a free democratic state and threatens the peace, order, health, safety and general welfare of the territory and its inhabitants. A Virgin Islands Civil Rights Commission is hereby created to encourage programs designed to insure that every individual shall have an equal opportunity to participate fully in the economic, cultural and intellectual life of the territory; to encourage and promote the development and execution by all persons within the territory of such programs; to eliminate and prevent discrimination in employment, in places of public accommodation, resort or amusement, in educational institutions, in public services, in housing accommodations and in commercial space and to take other actions against discrimination as herein provided; and the Commission established hereunder is hereby given general jurisdiction and power for such purposes. History: Added Feb. 15, 1974, No. 3519, § 1, Sess. L. 1974, p. 5.

(a) There is established, within the Department of Justice for budgetary purposes only, a Commission to be known as the Virgin Islands Civil Rights Commission. (b) The Commission shall be composed of seven members who shall be appointed by the Governor, by and with the advice and consent of the Legislature. Membership on the Commission shall represent the pluralistic nature of United States Virgin Islands society. There shall be appointed as members of the Commission individuals of both sexes, residents of the three islands, representatives from the three major political parties, and members of all ethnic groupings residing in the United States Virgin Islands. (c) A vacancy in the Commission shall not impair the right of the remaining members to exercise all the powers of the Commission, and shall be filled in the same manner, and subject to the same limitation with respect to party affiliations as the original appointment was made. (d) Four members of the Commission shall constitute a quorum. History: Added Feb. 15, 1974, No. 3519, § 1, Sess. L. 1974, p. 6; amended June 24, 1987, No. 5265, § 404(a), Sess. L. 1987, p. 56.

The Commission shall have the following powers and duties: (a) Enforce the provisions of this title; (b) Investigate allegations in writing under oath or affirmation that citizens of the United States, otherwise qualified to vote, are being deprived of their right to vote and have that vote counted by reason of their color, race, religion, national origin, sex and/or political affiliation; which writing under oath or affirmation, shall set forth the facts upon which such beliefs are based; (c) Investigate allegations in writing, under oath, or affirmation, on the complaint of any person constituting the denials of equal protection or of the laws because of race, color, religion, national origin, age, sex and/or political affiliation including but not limited to the fields of education, housing, real estate, employment, the uses of public facilities and transportation, the service by public utilities, or in the administration of justice; (d) Study and collect information concerning legal developments constituting a denial of equal protection of the laws of the United States Virgin Islands because of race, color, religion, national origin, sex and/or political affiliation, or in the administration of justice; (e) Appraise the laws and policies of the United States Virgin Islands with respect to denials of equal protection of the laws of race, color, religion, national origin, sex and/or political affiliation, or in the administration of justice; (f) Establish and maintain a central repository and develop a procedure to monitor, record, classify and analyze information relating to crimes committed under Title 14 of this code and other incidents directed against persons or groups based upon their race, religion, color, national origin, sex, ethnicity, handicap or political affiliation. The Commission shall summarize and analyze the information received and file an annual report with the Governor and the Legislature of the United States Virgin Islands and shall make it available to the Virgin Islands Police Department to the extent that such information is reasonably necessary or useful in carrying out its duties. (g) Hold fact-finding hearings, conduct major investigations and research projects, and sponsor conferences to gather and disseminate information relating to human rights, and human rights problems; (h) The Commission shall have the power to impose sanctions or to provide specific remedies in individual cases. History: Added Feb. 15, 1974, No. 3519, § 1, Sess. L. 1974, p. 6; amended Sept. 17, 1990, No. 5613, § 2, Sess. L. 1990, p. 304.

(1) It shall be an unlawful discriminatory practice: (a) For an employer, because of age, race, creed, color, national origin, place of birth, sex, sexual orientation, gender identity, disability and/or political affiliation of any individual, to refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment. (b) For an employment agency to discriminate against any individual because of his age, race, creed, color, national origin, sex, sexual orientation, gender identity, disability and/or political affiliation, in receiving, classifying, disposing or otherwise acting upon applications for its services or in referring an applicant or applicants to an employer or employers. (c) For a labor organization, because of the age, race, creed, color, national origin, sex, sexual orientation, gender identity, disability and/or political affiliation of any individual, to exclude or to expel from its membership such individual or to discriminate in any way against any of its members or against any employer or any individual employed by an employer. (d) For any employer or employment agency to print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for employment or to make an inquiry in connection with prospective employment, which expresses, directly or indirectly, any limitation, specification or discrimination as to age, race, creed, color, national origin, sex, sexual orientation, gender identity, disability and/or political affiliation, or any intent to make any such limitation, specification or discrimination, unless based upon a bona fide occupational qualification. (e) For any employer, labor organization, or employment agency to discharge, expel or otherwise discriminate against any person because he has complained or opposed any practices forbidden under this title or because he has filed a complaint, testified or assisted in any proceeding under this title. (2) It shall be an unlawful discriminatory practice for any employer, labor organization, employment agency or any joint labor-management committee controlling apprentice training programs: (a) To select persons for an apprentice training program registered with the Territory of the United States Virgin Islands on any basis other than their qualifications, as determined by objective criteria which permit review; (b) To deny to or withhold from any person because of his race, creed, age, color, national origin, sex, sexual orientation, gender identity, disability and/or political affiliation the right to be admitted to or participate in a guidance program, an apprenticeship training program, on-the-job training program, executive training program, or other occupational training or retraining program; (c) To discriminate against any person in his pursuit of such programs or to discriminate against such a person in the terms, conditions or privileges of such programs because of race, creed, age, color, national origin, sex, sexual orientation, gender identity, disability and/or political affiliation; (d) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for such programs or to make any inquiry in connection with such program which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, age, color, national origin, sex, sexual orientation, gender identity, disability and/or political affiliation, or any intent to make any such limitation, specification or discrimination, unless based on a bona fide occupational qualification. (3) It shall be an unlawful discriminatory practice for any person to restrict access to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, because of age, race, creed, color, national origin, place of birth, sex, sexual orientation, gender identity, disability, or political affiliation or, directly or indirectly, to publish, circulate, issue, display, post or mail any written or printed communication, notice or advertisement, to the effect that any of the accommodations, advantages, facilities and privileges of any such place shall be refused, withheld from or denied to any person on account of race, creed, age, color, national origin, sex, sexual orientation, gender identity, disability and/or political affiliation, or that the patronage or custom thereat of any person of or purporting to be of any particular race, creed, age, color, national origin, sex, sexual orientation, gender identity, disability and/or political affiliation is unwelcome, objectionable or not acceptable, desired or solicited. (a) This subdivision shall not apply to the rental of rooms in a housing accommodation which restricts such rental to individuals of one sex. (b) Each of the following establishments which serves the public is a place of public accommodation within the meaning of this section if its operations affect commerce: (i) any inn, hotel, motel, or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence; (ii) any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment; or any gasoline station; (iii) any motion picture house, theater, concert hall, sports arena, stadium or other place of or establishment that provides exhibition, entertainment, recreation, exercise, amusement, public gathering, or public display; (iv) any establishment that provides a good, service, or program, including a store, shopping center, online retailer or service provider, salon, bank, gas station, food bank, service or care center, shelter, travel agency, or funeral parlor, or establishment that provides health care, accounting, or legal services; (v) any train service, bus service, car service, taxi service, airline service, station, depot, or other place or establishment that provides transportation service; and (vi) any establishment which is physically located within the premises of any establishment otherwise covered by this subsection, or within the premises of which is physically located any such covered establishment, and which holds itself out as serving patrons of such covered establishment. (4) It shall be an unlawful discriminatory practice for the owner, lessor, sublessor, assignor, or managing agent of publicly-assisted housing accommodations or other person having the right of ownership or possession of or the right to rent or lease such accommodations: (a) To refuse to rent or lease or otherwise to deny to or withhold from any person or group of persons such housing accommodations because of the race, creed, age, color, national origin, sex, sexual orientation, gender identity, disability and/or political affiliation of such person or persons. (b) To discriminate against any person because of his race, creed, age, color, national origin, sex, sexual orientation, gender identity, disability and/or political affiliation in the terms, conditions or privileges of any publicly-assisted housing accommodations or in the furnishing of facilities or services in connection therewith. (c) To cause to be made any written or oral inquiry or record concerning the race, creed, age, color, national origin, sex, sexual orientation, gender identity, disability and/or political affiliation of a person seeking to rent or lease any publicly-assisted housing accommodation. (5) It shall be an unlawful discriminatory practice for any real estate broker, real estate salesman or employee or agent thereof or any other individual, corporation, partnership or organization for the purpose of inducing a real estate transaction from which any such person or any of its stockholders or members may benefit financially, to represent that a change has occurred or will or may occur in the composition with respect to race, creed, age, color, national origin, sex, sexual orientation, gender identity, disability and/or political affiliation of the owners or occupants in the block, neighborhood or area in which the real property is located, and to represent, directly or indirectly, that this change will or may result in undesirable consequences in the block, neighborhood or area in which the real property is located, including but not limited to the lowering of property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools or other facilities. (6) It shall be an unlawful discriminatory practice: (a) For an employer or licensing agency, because an individual is over the age of 40, to refuse to hire, or employ or license or to bar or to terminate from employment such individual, or to discriminate against such individual in promotion, compensation or in terms, conditions or privileges of employment. (b) For any employer, licensing agency or employment agency to print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for employment or to make any inquiry in connection with prospective employment, which expresses, directly or indirectly, any limitation, specification or discrimination respecting individuals over the age of 40, or any intent to make such limitation, specification or discrimination. (c) For any employer, licensing agency or employment agency to discharge or otherwise discriminate against any person because he has opposed any practices forbidden under this title or because he has filed a complaint, testified or assisted in any proceeding under this title. But nothing contained in this subdivision or in subdivision (1) of this section shall be construed to prevent the termination of the employment of any person who is unable to perform his duties or to affect the retirement policy or system of any employer where such policy or system is not merely a subterfuge to evade the purpose of said subdivisions; nor shall anything in said subdivisions be deemed to preclude the varying of insurance coverages according to any employee's age. (7) It shall be unlawful discriminatory practice for an education corporation or association which holds itself out to the public to be nonsectarian and exempt from taxation pursuant to the provisions of Title 33 of the Code, to deny the use of its facilities to any person otherwise qualified, by reason of his race, age, color, religion, national origin, sex, sexual orientation, gender identity, disability and/or political affiliation. (8) (a) It shall be an unlawful discriminatory practice for the owner, lessor, sublessor, assignor, or managing agent of, or other person having the right to sell, rent or lease any housing accommodation, constructed or to be constructed, or any agent or employee thereof: (i) To refuse to sell, rent, lease or otherwise to deny to or withhold from any person or group of persons such a housing accommodation because of the race, creed, age, color, national origin, sex, sexual orientation, gender identity, disability and/or political affiliation of such person or persons. (ii) To discriminate against any person because of his race, creed, age, color, national origin, sex, sexual orientation, gender identity, disability and/or political affiliation in the terms, conditions or privileges of the sale, rental or lease of any such housing accommodations or in the furnishing of facilities or services in connection therewith. (iii) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for the purchase, rental or lease of such a housing accommodation or to make any record or inquiry in connection with the prospective purchase, rental or lease of such a housing accommodation which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, age, color, national origin, sex, sexual orientation, gender identity, disability and/or political affiliation, or any intent to make any such limitation, specification or discrimination. The provisions of this paragraph (aparagraph (a)pply (1) to the rental of a housing accommodation in a building which contains housing accommodations for not more than two families living independently of each other, if the owner or members of his family reside in one of such housing accommodations, (2) to the restriction of the rental of all rooms in a housing accommodation to individuals of the same sex or (3) to the rental of a room or rooms in a housing accommodation, if such rental is by the occupant of the housing accommodation or by the owner of the housing accommodation and he or members of his family reside in such housing accommodation. (b) It shall be an unlawful discriminatory practice for the owner, lessor, sublessor, or managing agent of, or other person having the right of ownership or possession of or the right to sell, rent or lease, land or commercial space: (i) To refuse to sell, rent, lease or otherwise deny to or withhold from any person or group of persons such land or commercial space because of the race, creed, age, color, national origin, sex, sexual orientation, gender identity, disability and/or political affiliation of such person or persons. (ii) To discriminate against any person because of his race, creed, age, color, national origin, sex, sexual orientation, gender identity, disability and/or political affiliation in the terms, conditions or privileges of the sale, rental or lease of any such land or commercial space or in the furnishing of facilities or services in connection therewith. (iii) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for the purchase, rental or lease of such land or commercial space or to make any record or inquiry in connection with the prospective purchase, rental or lease of such land or commercial space which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, age, color, national origin, sex, sexual orientation, gender identity, disability and/or political affiliation, or any intent to make such limitation, specification or discrimination. (c) It shall be an unlawful discriminatory practice for any real estate broker, real estate salesman or employee or agent thereof: (i) To refuse to sell, rent or lease any housing accommodation, land or commercial space to any person or group of persons or to refuse to negotiate for the sale, rental or lease, of any housing accommodation, land or commercial space to any person or group of persons because of the race, creed, age, color, national origin, sex, sexual orientation, gender identity, disability and/or political affiliation of such person or persons, or to represent that any housing accommodation, land or commercial space is not available, for inspection, sale, rental or lease when in fact it is so available, or otherwise to deny or withhold any housing accommodations, land or commercial space or any facilities of any housing accommodation, land or commercial space or any facilities of any housing accommodation, land or commercial space from any person or group of persons because of the race, creed, age, color, national origin, sex, sexual orientation, gender identity, disability and/or political affiliation of such person or persons. (ii) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for the purchase, rental or lease of any housing accommodation, land or commercial space or to make any record or inquiry in connection with the prospective purchase, rental or lease of any housing accommodation, land or commercial space which expresses, directly or indirectly, any limitation, origin, sex, sexual orientation, gender identity, disability and/or political affiliation, or any intent to make any such limitation, specification or discrimination. (d) It shall be an unlawful discriminatory practice for the Real Estate Commission, because of the race, creed, age, color, national origin, sex, sexual orientation, gender identity, disability and/or political affiliation of any individual who is otherwise qualified for membership, to exclude or expel such individual from membership, or to discriminate against such individual in the terms, conditions and privileges of membership in such Commission. (e) It shall be an unlawful discriminatory practice for any person, bank, trust company, private banker, savings bank, industrial bank, savings and loan association, credit union, investment company, mortgage company, insurance company or other financial institution or lender, doing business in the territory, and if incorporated, regardless of whether incorporated under the laws of this territory, the United States or any other jurisdiction, to whom application is made for financial assistance for the purchase, acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation, land or commercial space, or any officer, agent or employee thereof: (i) To discriminate against any such applicant or applicants because of the race, creed, age, color, national origin, marital status, sex, sexual orientation, gender identity, disability and/or political affiliation of such applicant or applicants or of any member, stockholder, director, officer or employee of such applicant or applicants, or of the prospective occupants or tenants of such housing accommodations, land or commercial space, in the granting, withholding, extending, or renewing, or in the fixing of the rates, terms or conditions of, any such financial assistance. (ii) To use any form of application for such financial assistance or to make any record or inquiry in connection with applications for such financial assistance which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, age, color, national origin, sex, sexual orientation, gender identity, disability and/or political affiliation. (9) It shall be an unlawful discriminatory practice, for any person to aid, abet, incite, compel or coerce the doing of any of the acts forbidden under this chapter, or to attempt to do so. (10) It shall be an unlawful discriminatory practice for any person engaged in any activity to which this section applies to retaliate or discriminate against any person because he has complained or opposed any practice forbidden under this chapter or because he has complained or filed a complaint, testified or assisted in any proceeding under this chapter. (11) (a) It shall be an unlawful discriminatory practice for any employer to prohibit, prevent or disqualify any person from, or otherwise to discriminate against any person in obtaining or holding employment, because of his observance of any particular day or days or any portion thereof as a sabbath or holy day in accordance with the requirements of his religion. (b) Except as may be required in an emergency or where his personal presence is indispensable to the orderly transaction of business, no person shall be required to remain at his place of employment during any day or days or portion thereof that, as a requirement of his religion, he observes as his sabbath or other holy day, including a reasonable time prior and subsequent thereto for travel between his place of employment and his home, provided however, that any such absence from work shall, wherever practicable in the judgment of the employer, be made up by an equivalent number of time and work at some other mutually convenient time, or shall be charged against any leave with pay ordinarily granted, other than sick leave, provided further, however, that any such absences not so made up or charged, may be treated by the employer of such person as leave taken without pay. (c) This subdivision shall not be construed to apply to any position dealing with health or safety where the person holding such position must be available for duty whenever needed, or to any position or class of positions the nature and quality of the duties of which are such that the personal presence of the holder of such position is regularly essential on any particular day or days or portion thereof for the normal performance of such duties with respect to any applicant therefor or holder thereof who, as a requirement of religion, observes such day or days or portion thereof as his sabbath or other holy day. In the case of any employer other than the Government of the United States Virgin Islands, this subdivision shall not apply where the uniform application of terms and conditions of attendance to employees is essential to prevent undue economic hardship to the employer. In any proceeding in which the applicability of this subdivision is in issue, the burden of proof shall be upon the employer. If any question shall arise whether a particular position or class of positions is excepted from this subdivision by this paragraph, such questions may be referred in writing by any party claimed to be aggrieved. In the case of any position of employment by the Government of the United States Virgin Islands, the question shall be referred to the Director of Personnel who shall determine such question, and in the case of any other employer, a party claiming to be aggrieved may file a complaint with the Commission pursuant to this chapter. Any such determination by the Director of Personnel shall be reviewable by the Government Employees Service Commission, and such determination by the Civil Rights Commission shall be reviewable in the Superior Court of the United States Virgin Islands. (12) Nothing contained in this section shall be construed to bar any religious or denominational institution or organization, or any organization operated for charitable or educational purposes, which is operated, supervised or controlled by or in connection with a religious organization from limiting employment or sales or rental of housing accommodations or admission to or giving preference to persons of the same religion or denomination or from making such selection as is calculated by such organization to promote the religious principles for which it is established or maintained. (13) Notwithstanding the provisions of subdivisions (1), (2) and (6) of this section, it shall not be an unlawful discriminatory practice for an employer, employment agency, labor organization or joint labor- management committee to carry out a plan approved by the Commission, to increase the employment of members of a minority group (as may be defined pursuant to the regulations of the Commission) which has a territory-wide unemployment rate that is disproportionately high in comparison with the territory-wide unemployment rate of the general population. Any plan approved under this subdivision shall be in writing and the Commission's approval thereof shall be for a limited period and may be rescinded at any time by this Commission. (14) For purposes of this chapter, discrimination "because of sex" includes discrimination because of sexual harassment. (15) In addition to other remedies, any person who has been discriminated against as defined in this section may bring an action for compensatory and punitive damages in any court of competent jurisdiction. The court in such action shall award to the plaintiff reasonable attorney's fees and costs of the action, in addition to any judgment in favor of the plaintiff. History: Added Feb. 15, 1974, No. 3519, § 1, Sess. L. 1974, p. 7; amended Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197; Apr. 7, 2006, No. 6829, § 1, Sess. L. 2006, p. 22; Nov. 15, 2011, No. 7323, § 1(a)-(e), Sess. L. 2011, pp. 288, 289; amended May 16, 2014, No. 7591, § 2, Sess. L. 2014, p. 49; amended Jan. 19, 2023, No. 8687, § 2(a), (b), Sess. L. 2022, p. 390, 391.

(a) The Legislature declares as the public policy of the Government of the Virgin Islands that sexual harassment in employment is a type of sexual discrimination and, as such, constitutes an illegal and undesirable practice that goes against the established constitutional principle that the dignity of a human being is inviolable. Therefore, sexual harassment in employment is prohibited, and the Legislature imposes the responsibilities for its prevention and the penalties for violation as prescribed in this section. (b) As used in this chapter: (1) "Employee" means any person who works for an employer and receives compensation therefor, or any job applicant. For the purposes of the protection conferred by this section the term employee must be interpreted in the broadest sense possible. (2) "Employer" means any natural or juridical person of any kind, the Government of the Virgin Islands, including each of its three branches and its instrumentalities and public corporations, and any of its instrumentalities and corporations that employ persons for any kind of compensation, for profit or non-profit purposes, and the employer's agents and supervisors. The term also includes labor unions and other organizations, groups or associations in which employees participate for the purpose of negotiating the terms and conditions of their employment with the employers, as well as employment agencies. (3) "Supervisor" means any person that exercises some kind of control or whose recommendation is taken into consideration for the contracting, classifying, discharging, promoting, transfer, fixing compensation or working hours, places or conditions or the tasks or duties that an employee or group of employees perform or may perform, or on any other terms or conditions of employment, or any person that performs day-to-day supervisory tasks. (4) "Sexual harassment" means any unwelcome sexual advances or requests for sexual favors or any other verbal or physical conduct of a sexual nature when: (A) Submission to that conduct or those advances or requests is made either explicitly or implicitly a term or condition of an individual's employment; or (B) Submission to or rejection of the conduct or advances or requests by an individual is used as the basis for employment decisions affecting the individual; or (C) The conduct or advances or requests have the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. (c) Adoption of workplace policy and statement: (1) All employers and employment agencies shall promote a workplace free of sexual harassment. (2) The Personnel Director on behalf of the Government of the Virgin Islands and all other employers shall: (A) Adopt a policy against sexual harassment that at a minimum must include: (i) A statement that sexual harassment in the workplace is unlawful; (ii) A statement that it is unlawful to retaliate against an employee for filing a complaint of sexual harassment or for cooperating in an investigation of a complaint for sexual harassment; (iii) A description and examples of sexual harassment; (iv) A statement of the range of consequences for employees who are found to have committed sexual harassment; (v) A description of the process for filing internal complaints about sexual harassment and the work addresses and telephone numbers of the person or persons to whom complaints should be made; and (vi) The identity of the appropriate territorial and federal employment discrimination enforcement agencies, and directions as to how to contact these agencies. (B) Provide to all employees a written copy of the employer's policy against sexual harassment; except that, a new employee must be provided such a copy at the time of the new employee's employment. If an employer violates the requirements of this subparagraph and subparagraph (B), the commission shall issue an order requiring the employer to comply with these requirements. (i) All employers are encouraged, but the Government of the Virgin Islands and employers that employ five or more employees or that receive the services of five or more persons under an employment contract for each working day in each of the twenty or more calendar weeks per year shall conduct an education and training program for new employees, within one year of commencement of employment which includes at a minimum the information set forth in paragraph (2) of this subsection. (ii) All employers are encouraged, but the Government of the Virgin Islands and employers that employ five or more employees or that receive the services of five or more persons under an employment contract for each working day in each of the twenty or more calendar weeks per year shall conduct additional training for new supervisory and managerial employees within one year of commencement of employment which must include at a minimum the information set forth in paragraph (2) of this subsection, the specific responsibilities of supervisory and managerial employees and the methods that these employees should take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints. (iii) The training and education mandated in this subparagraph constitutes the minimum requirement and is not intended to discourage or relieve an employer from providing additional or more frequent training and educational programs in prevention of sexual harassment in the workplace as needed. (iv) Employers and appropriate governmental agencies shall cooperate in making this training available. (v) Employers shall provide copies of their written policies on sexual harassment to all employees upon their request. (d) Employers shall maintain copies of their written policies on sexual harassment at their business premises, and copies of such policies must be made available to any territorial or federal employment discrimination enforcement agency upon request. (e) The remedies established in this section are in addition to those established under other sections of this title and title 24, chapter 17 of the Virgin Islands Code. (f) Sanctions. Any person responsible for sexual harassment in employment as defined in subsection (b) of this section shall incur civil liability: (1) For a sum equal to double the amount of the damages that the action has caused the employee or job applicant, or (2) For a sum of not less than $5,000 at the discretion of the court, in those cases in which pecuniary damages cannot be determined. (g) In addition to the remedies in sections 73 and 74 of this chapter, in the judgment in civil actions filed under this section, the court shall order the employer to hire, promote or reinstate the employee in his job and to cease the act in question. History: Added Apr. 7, 2006, No. 6829, § 2, Sess. L. 2006, pp. 22-26.

(a) As used in this section "implicit bias" means a mental, prejudicial inclination or tendency that occurs automatically and unintentionally, that nevertheless affects judgments, decisions, and behaviors. (b) All government agencies, departments, instrumentalities, and semi-autonomous agencies shall conduct sexual orientation awareness and implicit bias training for all employees within the first year of employment and annually thereafter. (c) All employers who employ five or more employees or receive the services of five or more persons on a contractual basis are encouraged to conduct sexual orientation awareness and implicit bias training annually. History: Added Jan. 19, 2023, No. 8687, § 3, Sess. L. 2022, p. 391.

(a) Each member of the Commission who is not otherwise in the service of the Government of the United States Virgin Islands shall receive the sum of $30 per day for each day spent in the work of the Commission plus actual and necessary expenses incurred thereby. (b) Each member of the Commission who is otherwise in the service of the Government of the United States Virgin Islands shall serve without compensation in addition to that received for such other service, but while engaged in the work of the Commission shall be paid actual and necessary expenses. History: Added Feb. 15, 1974, No. 3519, § 1, Sess. L. 1974, p. 15.

and Services There shall be a full-time director for the Commission who shall be appointed by the Governor with the advice and consent of the Legislature and who shall receive compensation at a rate not to exceed $18,500 per annum. The Governor shall consult with the Commission before submitting the nomination of any person for appointment to the position of staff director. Within the limitations of its appropriations, the Commission may appoint such other personnel as it deems advisable, in accordance with personnel laws and regulations of the United States Virgin Islands. History: Added Feb. 15, 1974, No. 3519, § 1, Sess. L. 1974, p. 16; amended Jan. 14, 1981, No. 4518, Sess. L. 1980, p. 255.

The Commission may accept or utilize services of voluntary or uncompensated personnel. History: Added Feb. 15, 1974, No. 3519, § 1, Sess. L. 1974, p. 16.

(a) The Commission, or on the authorization of the Commission, the Director, or any subcommittee of two or more members, may, for the purpose of carrying out the provisions of this title, hold such hearings and act at such times and places as the Commission or such authorized subcommittee may deem advisable. Subpoenas for the attendance and testimony of witnesses or the production of written or other matter may be issued in accordance with the rules of the Commission, over the signature of the Chairman of the Commission or of such subcommittee, and may be served by any person designated by such Chairman. The holding of hearings by the Commission, or the Director, or the appointment of a subcommittee to hold hearings pursuant to this subsection, must be approved by a majority of the Commission, or by a majority of the members present at a meeting at which at least a quorum of four members is present. (b) In case of contumacy or refusal to obey a subpoena, the District Court, or the Superior Court of the United States Virgin Islands, upon application by the Commission, shall have jurisdiction to issue to such person an order requiring such person to appear before the Commission or a subcommittee thereof, there to produce pertinent, relevant and nonprivileged evidence if so ordered, or there to give testimony touching the matter under investigation; and any failure to obey such order of the court may be punished by said court as a contempt thereof. History: Added Feb. 15, 1974, No. 3519, § 1, Sess. L. 1974, p. 16; amended Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197.

The Commission shall have the power to make such rules and regulations as are necessary to carry out the purposes of this chapter. History: Added Feb. 15, 1974, No. 3519, § 1, Sess. L. 1974, p. 17.

Nothing contained in this chapter shall be construed to repeal or modify any law creating special rights or preferences for veterans. History: Added Feb. 15, 1974, No. 3519, § 1, Sess. L. 1974, p. 17.

(a) Whenever it is charged in writing under oath by a person claiming to be aggrieved, or a written charge has been filed by a member of the Commission where he has reasonable cause to believe a violation of this chapter has occurred, the Commission shall furnish the respondent with a copy of such charge and shall hold an investigation and hearing of such charge as provided in section 72 of this chapter. The Commission shall commence its investigation within 72 hours after the filing of a complaint with it. (b) If the Commission determines that the respondent has violated any of the provisions under this chapter, the Commission shall state its findings of fact and conclusions of law and issue an order requiring the respondent to cease and desist, and issue such appropriate orders as in the judgment of the Commission will carry out the purposes of this chapter. Any person, employer, labor organization or employment agency, who or which shall wilfully resist, prevent, impede or interfere with the Commission or any of its employees or representatives in the performance of duty under this chapter, or shall wilfully violate an order of the Commission, shall be guilty of a misdemeanor and be punished by imprisonment for not more than one year, or by a fine of not more than two thousand dollars, or by both. The Commission may, in addition to the foregoing, do either or both of the following: (1) File a criminal complaint with the office of the Attorney General charging a violation of this chapter, in which case the respondent may, if convicted, be fined not more than $2,000 or be imprisoned not more than one year, or both. (2) File a civil action as provided in section 73 of this chapter, in which case the person aggrieved may recover damages as provided in this title. History: Added Feb. 15, 1974, No. 3519, § 1, Sess. L. 1974, p. 17.

Amendments (a) Unless the Commission has issued an order dismissing the complaint, it shall serve on the respondent, by registered or certified mail, a formal statement of the charge and notice of a hearing at a time and place specified in the notice. A copy of the notice shall be furnished to the complainant, Attorney General, and any other party to the proceeding. (b) The respondent may file an answer, under oath, with the Commission in person or by registered or certified mail in accordance with the Commission's rules. The Commission shall furnish a copy of the answer to the complainant and any other party to the proceeding. The complainant or the Commission may amend a complaint and the respondent may amend an answer at any time prior to the issuance of an order based on the charge. (c) A respondent shall have the right to appear at the hearing with or without representation, may examine and cross-examine witnesses and the complainant, and may offer evidence. The complainant may intervene, examine and cross-examine witnesses and present evidence. In the discretion of the Commission, any party in interest may intervene, examine and cross-examine witnesses and present evidence. History: Added Feb. 15, 1974, No. 3519, § 1, Sess. L. 1974, p. 18.

Whenever the Commission has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights secured by this chapter, and that pattern or practice is of such a nature and is intended to deny the full exercise of the rights herein described, the Commission may bring a civil action in the Superior Court of the Virgin Islands by filing with it a complaint (1) signed by the Chairman (or in his absence the Vice-Chairman) of the Commission, (2) setting forth facts pertaining to such pattern or practice, and (3) requesting such relief, including an application for permanent injunction, temporary injunction or restraining order, as provided in section 74 of this chapter, or other order against the person or persons responsible for such pattern or practice, as it deems necessary to insure the full enjoyment of the rights herein described. History: Added Feb. 15, 1974, No. 3519, § 1, Sess. L. 1974, p. 18; amended Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197.

Merits At any time after a complaint is filed, the Commission may file a petition in the Superior Court, seeking appropriate temporary relief for a period of time not to exceed 30 days against the respondent pending final determination of proceedings under this chapter, including an order or judgment restraining him from doing or procuring any act tending to render ineffectual any order the Commission may enter with respect to the complaint. The court may grant such temporary relief or restraining order as it deems just and proper. On motion of the complainant, the Commission, the respondent or on its own motion, the court may hear the case on its merits for immediate disposition. History: Added Feb. 15, 1974, No. 3519, § 1, Sess. L. 1974, p. 19; amended Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197.

The Commission shall at the close of each fiscal year report to the Legislature and to the Governor concerning the action it has taken; the names, salaries and duties of all individuals in its employ and the moneys it has disbursed; and shall make such further reports on the cause of and means of eliminating discrimination and such recommendations for further legislation as may appear desirable. History: Added Feb. 15, 1974, No. 3519, § 1, Sess. L. 1974, p. 19.

Subject to the limitation of this chapter and notwithstanding any other provision of law to the contrary, the Government of the United States Virgin Islands shall indemnify and pay on the behalf of any police officer, corrections officer, Virgin Islands marshal and probation officer of the Superior Court employed by the Government, or member of the police auxiliary (which member has been ordered to duty by the Police Commissioner, pursuant to Title 23, section 1156, Virgin Islands Code, or has been ordered to perform other duties, as prescribed by the Governor, pursuant to Title 23, section 1157, Virgin Islands Code) sums which such employee becomes obligated to pay by reason of the liability imposed upon such employee by law or settlement for damages awarded for infringement of any person's civil rights or for physical damages to person or property if the employee at the time of the occurrence, accident, physical injury or damages complained of was acting under color of law and within the scope of his employment, or while acting as a police officer and if such occurrence, accident, physical injury or damage was not the result of any willful or wanton act of such employee and the Court makes a finding to that effect. History: Added Oct. 17, 1980, No. 4496, Sess. L. 1980, p. 221; amended July 21, 1981, No. 4589, Sess. L. 1981, p. 86; June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; amended July 30, 2016, No. 7888, § 11, Sess. L. 2016, p. 113.

(a) Indemnification or payment under section 101 of this chapter shall not exceed $100,000 for each occurrence of wrongful death and $25,000 for each occurrence in all other actions, except as provided in subsection (c) hereof. (b) No indemnification or payment shall be paid in any amount for punitive damages, nor in libel or slander proceedings. (c) The amounts awarded by the court as attorney's fees shall be in addition to the limits set forth in subsection (a) of this section. History: Added Oct. 17, 1980, No. 4496, Sess. L. 1980, p. 221.

The Governor may, at his discretion, and subject to appropriations therefor, obtain appropriate insurance coverage for indemnifications or payments payable under this chapter. History: Added Oct. 17, 1980, No. 4496, Sess. L. 1980, p. 221.

As used in this chapter, unless it is otherwise provided or the context requires a different construction, application, or meaning: (a) "Employee" means a person who performs a service for wages or other remuneration under a contract of hire, written or oral, express or implied. "Employee" includes a person employed by the Government of the United States Virgin Islands. (b) "Employer" means a person who has one or more employees. Employer includes an agent of an employer and the Government of the United States Virgin Islands. (c) "Person" means an individual, sole proprietorship, corporation, association, or any other legal entity. (d) "Public body" means all of the following: (1) a territorial officer, employee, agency, department, division, bureau, board, commission, council, authority, or other body in the executive branch of the territorial government; (2) an agency, board, commission, council, member, or employee of the legislative branch of the territorial government; (3) any other body which is created by the territory or which is primarily funded by or through territorial authority, or any member or employee of that body; (4) a law enforcement agency or any member or employee of a law enforcement agency; (5) the judiciary and any member or employee of the judiciary. History: Added Oct. 22, 1982, No. 4745, Sess. L. 1982, p. 152.

An employer shall not discharge, threaten, or otherwise discriminate against an employee regarding the employee's compensation, terms, conditions, location, or privileges of employment because the employee, or a person acting on behalf of the employee, reports or is about to report, verbally or in writing, a violation or a suspected violation of a law or regulation or rule promulgated pursuant to law of this territory or the United States to a public body unless the employee knows that the report is false, or because an employee is requested by a public body to participate in an investigation, hearing or inquiry held by that public body, or a court action. History: Added Oct. 22, 1982, No. 4745, Sess. L. 1982, p. 152.

(a) A person who alleges a violation of this chapter may bring a civil action for appropriate injunctive relief, or actual damages, or both, within ninety days after the occurrence of the alleged violation of the provisions of this chapter. (b) An action commenced pursuant to subsection (a) of this section may be brought in the Superior Court division where the alleged violation occurred, the Superior Court division where the complainant resides, or the division where the person against whom the civil complaint is filed resides or has his principal place of business. (c) As used in subsection (a) of this section, "damages" means damages for injury or loss caused by each individual violation of the provisions of this chapter, including reasonable attorney fees. (d) An employee shall show by a preponderance of the evidence that he or a person acting on his behalf was about to report or did report, verbally or in writing, a violation or a suspected violation of a law of this territory, or the United States, to a public body. History: Added Oct. 22, 1982, No. 4745, Sess. L. 1982, p. 153.

A court rendering a judgment in an action brought pursuant to the provisions of this chapter, shall order, as the court considers appropriate, reinstatement of the employee, the payment of back wages, full reinstatement of fringe benefits and seniority rights, actual damages, or any combination of these remedies. A court may also award complainant all or a portion of the costs of litigation, including reasonable attorney fees and witness fees, if the court determines that the award is appropriate. History: Added Oct. 22, 1982, No. 4745, Sess. L. 1982, p. 153.

A person who violates the provisions of this chapter shall be liable for a civil fine of not more than $500.00 payable to the Department of Finance. History: Added Oct. 22, 1982, No. 4745, Sess. L. 1982, p. 153.

An employer shall post notices and use other appropriate means to keep his or her employees informed of their protections and obligations under this chapter. History: Added Oct. 22, 1982, No. 4745, Sess. L. 1982, p. 154.

It is the policy of this Territory to: (a) encourage and enable blind persons to participate fully in the social and economic life of the Territory and to engage in remunerative employment; and (b) encourage and enable blind persons to be employed in the Government service, in the public schools and in all other employment supported in whole or in part by public funds on the same terms and conditions as persons who are not blind, unless it is shown that a person's blindness prevents the performance of the work involved. History: Added Dec. 7, 1982, No. 4767, § 2, Sess. L. 1982, p. 232.

(a) Blind persons have the same right as persons who are not blind to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities, public beaches and other public places. (b) Blind persons are entitled to full and equal accommodations, advantages, facilities, and privileges, including but not limited to, all common carriers, airplanes, motor vehicles, motor buses, street cars, boats, or any other public conveyances or modes of transportation, hotels, lodging places, stores, restaurants, grocery stores, elevators, courts, public educational facilities, including colleges and dormitories, places of public accommodation, amusement or resort, and other places to which the general public is invited subject only to the conditions and limitations established by law and applicable alike to all persons. History: Added Dec. 7, 1982, No. 4767, § 2, Sess. L. 1982, p. 232.

Every blind person shall have the right to be accompanied by a dog guide, when said dog guide is equipped with a rigid "U"-shaped harness, in any of the places, accommodations, or conveyances listed in section 152 of this chapter, without being required to pay an extra charge for the dog guide; provided, that the dog guide is properly harnessed so that the blind person can maintain control of it; provided, further, that any blind person so accompanied shall be liable for any damage done to the premises or facilities by such dog guide. History: Added Dec. 7, 1982, No. 4767, § 2, Sess. L. 1982, p. 232.

Blind persons shall be employed on the same terms and conditions as persons who are not blind and shall not be denied the opportunity to obtain or maintain employment or to advance in positions of employment solely because such persons are blind or are accompanied by dog guides, unless it can be shown that a person's blindness prevents the performance of the work involved. History: Added Dec. 7, 1982, No. 4767, § 2, Sess. L. 1982, p. 233.

A blind person is entitled to rent, lease or purchase, as are other members of the general public, all housing accommodations offered for rent, lease, or compensation in this Territory, subject to the conditions and limitations established by law and applicable alike to all persons. Nothing in this section shall require any person renting, leasing or providing for compensation real property, to modify such property in any way to provide a higher degree of care for a blind person than for any other person. A blind person who has a dog guide, or who obtains a dog guide, shall be entitled to full and equal access to all housing accommodations and shall not be required to pay extra compensation for such dog guide, but shall be liable for any damages done to the premises by such dog. Any provision in any lease or rental agreement prohibiting maintenance of a pet or pets on or in the premises shall not be applicable to a dog guide owned by a blind tenant. History: Added Dec. 7, 1982, No. 4767, § 2, Sess. L. 1982, p. 233.

A dog guide trainer, while engaged in the actual training process and activities of dog guides, shall have the same rights and privileges with respect to access to public facilities, and the same responsibilities as are applicable to a blind person. History: Added Dec. 7, 1982, No. 4767, § 2, Sess. L. 1982, p. 233.

Cane A blind person accompanied by a dog guide, or who is carrying a cane predominantly white or metallic in color, with or without a red tip, shall have that right-of-way over vehicles while crossing a highway or any intersection thereof, as provided in section 510 of chapter 43 of Title 20, Virgin Islands Code. History: Added Dec. 7, 1982, No. 4767, § 2, Sess. L. 1982, p. 233.

(a) Any person who denies or interferes with admittance to or enjoyment of any of the places, accommodations, or conveyances listed in section 152 of this chapter, or otherwise interferes with the rights of a blind person under sections 152, 153, 154 and 155 of this chapter, shall be guilty of a misdemeanor, and shall be punishable by a fine of not less than $500 and not more than $1000 or by imprisonment for not more than sixty days, or both. (b) Any person, firm, or corporation, or agent thereof, who or which denies or interferes with admittance to or enjoyment of any of the places, accommodations, or conveyances listed in section 152 of this chapter, or otherwise interferes with the rights of a blind person under sections 152, 153, 154 and 155 of this chapter, shall be liable to the blind person in an action at law for actual and/or punitive damages, suit in equity, or other proper proceedings for redress, in any court of competent jurisdiction. History: Added Dec. 7, 1982, No. 4767, § 2, Sess. L. 1982, p. 234.

(a) Any blind person whose admittance to or enjoyment of any of the places, accommodations, or conveyances listed in section 152 of this chapter has been denied or interfered with or whose rights under sections 152, 153, 154 or 155 of this chapter have been interfered with may file a written complaint under oath with the Virgin Islands Commission on the Handicapped pursuant to section 391 of chapter 22 of Title 3, Virgin Islands Code. (b) The right to file a written complaint as provided for in this section and the remedies and penalties provided for in section 391 of chapter 22 of Title 3, Virgin Islands Code, shall be in addition to the rights and penalties provided for in section 158 of this chapter. History: Added Dec. 7, 1982, No. 4767, § 2, Sess. L. 1982, p. 234.

For the purposes of this chapter, the term "blind person" means, and the term "blind" refers to, a person who is totally blind, has impaired vision of not more than 20/200 visual acuity in the better eye and for whom vision cannot be improved to better than 20/200, or whose better eye has a limitation in the field of vision so that the widest diameter of the visual field subtends an angle no greater than twenty degrees. History: Added Dec. 7, 1982, No. 4767, § 2, Sess. L. 1982, p. 234.

The Governor is hereby authorized and directed on October 15 of each year, to take suitable public notice of White Cane Safety Day, as proclaimed by the U.S. Congress, and to issue a proclamation in which: (a) he comments upon the significance of the white cane; (b) he calls upon the residents of the Territory to observe the provisions of the White Cane Law and to take precautions necessary to the safety of blind persons; (c) he reminds the residents of the Territory of the policies with respect to blind persons herein declared and urges the residents to cooperate in giving effect to them; (d) he emphasizes the need of the residents to be aware of the presence of blind persons in the community and to keep safe and functional for the blind, the streets, highways, sidewalks, walkways, public buildings, public facilities, and other public places, places of public accommodation, amusement and resort, and other places to which the public is invited, and to offer assistance to all blind persons upon appropriate occasions; and (e) he reminds all residents of the right of the blind to enjoy the greatest possible measure of personal independence, namely, the right to move about and live independently. History: Added Dec. 7, 1982, No. 4767, § 2, Sess. L. 1982, p. 234.