(1) It shall be an unlawful discriminatory practice:
(a) For an employer, because of age, race, creed, color, national origin, place of birth, sex, 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, 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, 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, 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, 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, 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, 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, being the owner, lessor, proprietor, manager, superintendent, agent or employee of any place of public accommodation, resort or amusement, because of the race, creed, age, color, national origin, sex, disability and/or political affiliation of any person, directly or indirectly, to refuse, withhold from or deny to such person any of the accommodations, advantages, facilities or privileges thereof, 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, 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, disability and/or political affiliation is unwelcome, objectionable or not acceptable, desired or solicited.
(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, 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, 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, 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, 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, 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, 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, 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, disability and/or political affiliation, or any intent to make any such limitation, specification or discrimination.
The provisions of this paragraph (a) shall not apply (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, 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, 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, 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, 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, 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, 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, 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, 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, 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.