On December 5, 2022, the Supreme Court of the Virgin Islands upheld a 2019 jury verdict, which found that Caribbean airline LIAT (1974), Ltd., had discharged its former area manager, William Cherubin, because of his age in violation of the Virgin Islands Civil Rights Act (VICRA). In doing so, the court addressed the standards for establishing liability under the VICRA and rejected several challenges advanced by LIAT concerning the sufficiency of the evidence supporting the jury's award of damages.
On June 4, 2015, LIAT terminated the employment of Cherubin, a seventy-one-year-old area manager who had worked for LIAT for forty-seven years, based upon a determination that he had engaged in "gross misconduct" due to his involvement in incidents that prompted the issuance of two written warning letters three months earlier. Approximately one month before it involuntarily separated Cherubin, LIAT had launched a voluntary separation program and an early retirement program for employees under age sixty-five in furtherance of an effort to reduce operating costs.
Cherubin filed suit against LIAT on February 27, 2017, alleging that LIAT had unlawfully terminated his employment because of his age, and the case proceeded to trial approximately two years later, in February 2019. In finding LIAT liable for age discrimination in violation of the VICRA, the jury awarded Cherubin compensatory damages in the amount of $1,633,320, consisting of $82,000 in lost wages and $1,551,320...
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