Estatutos Seleccionados: Virgin Islands, U.S.

(a) An employer may not discharge, suspend or in any manner discriminate or retaliate against an employee, including, an employee who is a victim of a crime or a witness to a crime, including domestic violence for taking time off to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding.

(b) An employer may not discharge, suspend or in any manner discriminate or retaliate against an employee who is a victim of domestic violence or a victim of sexual assault solely for taking time off from work to obtain or attempt to obtain any relief, including, medical treatment, social services, behavioral health services, temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the victim or the victim’s child.

(c) An employer may not discharge, suspend or in any manner discipline an employee who receives an unwanted visit, unwanted telephone calls, harassing e-mails, packages or is stalked at the job site by a person who perpetrated an act of domestic violence in which the employee was involved as a victim. The employer may require the victimized employee to obtain a restraining order to be protected under this section after the first incident on the job.

(d)

(1) As a condition of taking time off for a purpose set forth in subsections (a) or (b), the employee shall give the employer reasonable advance notice of the employee’s intention to take time off, unless the advance notice is not feasible.

(2) When an unscheduled absence occurs, the employer may not take any action against the employee if the employee, within a reasonable time after the absence, provides a certification to the employer. Certification is sufficient in the form of any of the following:

(A) Documentation from law enforcement, court or other territorial or federal government agency records, religious counselors, counseling professionals, domestic violence or a sexual assault victim advocate indicating that the employee was a victim of domestic violence or other crime;

(B) A court order protecting or separating the employee from the perpetrator of an act of domestic violence or sexual assault; or

(C) Other evidence from the court or prosecuting attorney that the employee has appeared in court.

(3) To the extent allowed by law, the employer shall maintain the confidentiality of any employee taking leave under subsections (a) or (b).

(e) Any employee who is discriminated or retaliated against in the terms or conditions of employment by the employer because the employee has taken time off for a purpose set forth in subsection (a) or (b) is entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. Any employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure or a hearing authorized by law is guilty of a misdemeanor. The employment of an employee who has been terminated as a result of a domestic dispute where the employee was the victim must be reinstated, with back pay to the date of termination amounting to twice the compensation the employee would have received had the employee not been terminated.

(f) For purposes of this section:

(1) ‘Domestic violence‘ means any of the types of acts as set forth in title 16 Virgin Islands Code, section 91(b).

(2) ‘Sexual assault‘ means any of the crimes set forth in title 14 Virgin Islands Code, chapter 85.