Bonelli v. Government of the Virgin Islands
67 V.I. 714
Supreme Court of The Virgin Is...2017Background
- In July–October 2007 the Virgin Islands Fire Service hired Kimo Bonelli as a recruit, then disciplined and terminated him after he refused to trim facial hair required for respirator fit, citing his Rastafari religious beliefs.
- Bonelli filed an EEOC charge (Dec. 2007) and an appeal to the Public Employees Relations Board (PERB) (Sept. 2008); the EEOC closed the file in May 2009 and issued a right-to-sue notice; PERB dismissed his section 531 claim in Feb. 2013.
- Bonelli filed a pro se complaint in Superior Court on April 24, 2013 asserting seven counts: RFRA/religious discrimination, unfair labor practices (24 V.I.C. §65), violation of 3 V.I.C. §531 (hiring-discrimination), deprivation of resident preference (24 V.I.C. §§126,129), vicarious/strict liability, and punitive damages.
- The Fire Service moved for judgment on the pleadings arguing failure to state a claim and that all claims were time-barred; Bonelli did not contest timeliness in his opposition.
- The Superior Court dismissed all counts with prejudice as untimely (March 20, 2015); Bonelli appealed and the Supreme Court of the Virgin Islands affirmed, finding missed statutory deadlines and no showing for equitable tolling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Bonelli's RFRA claim is timely | RFRA applies and permits relief for religious burden | Claim is time-barred under RFRA's 4-year rule or Title VII's 90-day rule after EEOC notice | RFRA/Title VII claim untimely; Bonelli did not seek equitable tolling so dismissed |
| Whether Bonelli pleaded an unfair labor practice under 24 V.I.C. §65 | Count asserted §65 claims to the Commissioner of Labor | Service argued failure to state claim and VITCA timeliness bar | Dismissed for failure to exhaust statutory administrative remedies (no §68 complaint filed) |
| Whether Bonelli's §531 hiring-discrimination claim is timely | §531 claim presented to PERB; appealed to Superior Court | Service argued VITCA/time bars; Superior Court applied VITCA deadlines | Dismissed as untimely: Bonelli missed the 30-day appeal period to Superior Court from PERB decision; no equitable tolling shown |
| Whether tort, vicarious, strict liability and punitive damages claims survive under VITCA | Asserts common-law and vicarious/strict liability claims against Service | Service invoked VITCA filing deadlines (90 days / notice-of-intent) | Dismissed as time-barred under VITCA; Bonelli filed in 2013 for 2007 accrual and did not seek tolling |
Key Cases Cited
- Benjamin v. AIG Ins. Co. of Puerto Rico, 56 V.I. 558 (discussing standard for judgment on the pleadings)
- Zipes v. Trans World Airlines, 455 U.S. 385 (1982) (Title VII filing limitations subject to waiver and equitable tolling)
- Pace v. DiGuglielmo, 544 U.S. 408 (2005) (party seeking equitable tolling bears burden of diligence and extraordinary circumstances)
- Bowles v. Russell, 551 U.S. 205 (2007) (distinguishing jurisdictional limits from claims-processing rules)
- City of Boerne v. Flores, 521 U.S. 507 (1997) (limits on Congress’s power under §5 of the Fourteenth Amendment relevant to RFRA)
- Sossamon v. Texas, 563 U.S. 277 (2011) (RFRA unconstitutional as applied to states in certain respects)
- Harrell v. Donahue, 638 F.3d 975 (8th Cir.) (RFRA may not provide an alternate remedy to Title VII for employment discrimination)
- Francis v. Mineta, 505 F.3d 266 (3d Cir.) (RFRA not intended to allow federal employment claims to evade Title VII scheme)