US Virgin Islands
Overview
Please review the information below and then return to the workplace harassment prevention course tab.
Harassment and discrimination based on a protected characteristic are prohibited under both federal and state law. The federal government and most state governments have agencies that help employers and employees understand these legal requirements and ensure compliance with the laws.
Protected Characteristics
Harassment or discrimination based on any protected characteristic set forth below is prohibited in the U.S. Virgin Islands.
Federal
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race
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color
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national origin
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sex (including pregnancy, sexual orientation and gender identity)
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gender expression
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disability
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genetic information (including family medical history)
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religion
- age (40 and older)
- military or other uniformed service
US Virgin Islands
race
color
creed
national origin
- sex (including sexual orientation and gender identity)
age
disability
- political affiliation
Important Notes
In addition to the general protected characteristics listed above, some federal, state, and/or local laws also prohibit employment discrimination on the basis of other protected statuses in certain contexts, such as:
citizenship status or work authorization status,
emergency volunteer status,
family relationship with a co-worker, and/or
status based on information contained in criminal, background, or credit reports, or being subject to wage garnishments.
Likewise, some federal, state, and/or local laws prohibit discrimination, harassment, and/or retaliation for exercising certain legal rights such as:
participating in collective bargaining or union activities,
serving as a whistleblower pursuant to whistleblower laws,
filing a worker’s compensation or unemployment claim,
taking protected time off or protected leave,
engaging in certain off-duty activities.
Finally, under federal law and some state and/or local laws, employers may not limit or prohibit employees from using any language in the workplace unless there is a business necessity for the restriction.
Note also that some federal, state, and/or local laws provide additional, separate standards and remedies for certain prohibited conduct, such as laws addressing equal pay without regard to sex or other protected category or specifically addressing sexual harassment prevention measures.
Applicable Laws
Federal
The primary federal laws that prohibit employment discrimination include Title VII of the 1964 Civil Rights Act, The Age Discrimination in Employment Act, The Americans With Disabilities Act, The Equal Pay Act, The Uniformed Services and Employment and Reemployment Act, The Immigration and Nationality Act, and The Genetic Information Nondiscrimination Act.
The U.S. Supreme Court held that Title VII protects individuals from employment discrimination on the basis of sexual orientation and gender identity or expression. Bostock v. Clayton County, Georgia, No. 17-1618 (U.S. June 15, 2020).
US Virgin Islands
The primary state law prohibiting employment discrimination is US Virgin Islands Code, Title 10.
Sexual Harassment Violates U.S. Virgin Islands Law
Sexual harassment is illegal and is prohibited by the U.S. Virgin Islands Civil Rights law. Sexual harassment is defined in 10 V.I.C. § 64a as any unwelcome sexual advances or requests for sexual favors or any other verbal or physical conduct of a sexual nature when:
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
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
The conduct, 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.
Sexual harassment can occur in a variety of circumstances, including but not limited to the following:
The victim and the harasser may be a woman or a man.
The victim does not have to be of the opposite sex.
The harasser can be the victim’s supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
The harasser’s conduct must be unwelcome.
It is helpful for the target to inform the harasser directly that the conduct is unwelcome and must STOP. The targe should use any employer complaint mechanism or grievance system available.
Examples of Sexual Harassment
Examples of sexual harassment include the following:
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Pressure for sexual activity or sexual favors
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Unwelcome touching of a person’s body, hair or clothing
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Sexual innuendoes, jokes, or comments
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Disparaging remarks to a person about their gender or body
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Sexual graffiti or pictures
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Asking about a person’s sexual fantasies or sexual activities
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Repeatedly asking for a date after the person has expressed disinterest
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Making sexual gestures with hands or through body movements
Filing a Claim in US Virgin Islands
An employment discrimination or harassment complaint may be filed with the United States Attorney’s Office, District of the Virgin Islands, or the EEOC by visiting their respective websites or contacting them via the information below:
United States Attorney’s Office, District of the Virgin Islands
5500 Veterans Drive, Suite 260, St. Thomas, VI 00802-6424
St. Thomas: 340-774-5757 | TTY: 340-714-1791
St. Croix: 340-773-3920 | TTY: 340-713-9615
Equal Employment Opportunity Commission
1-800-669-4000 | 1-800-669-6820 (TTY) | 1-844-234-5122 (ASL)
info@eeoc.gov
Retaliation Prohibited
Employer retaliation against an employee who files a discrimination or harassment complaint or is involved in the complaint process is unlawful.
The information contained on this page is for informational purposes only.
It does not, and is not intended to, constitute legal advice.