A veteran Virgin Islands firefighter has appealed a federal court ruling granting summary judgment to the Government of the Virgin Islands on his disability discrimination, sexual harassment, disparate treatment, and retaliation claims.

Firefighter Arthur B. Canaii Jr. has worked for the Virgin Islands Fire Service on St. Croix since 2007. He filed suit in 2021 following a series of workplace disputes. In July, U.S. District Court Judge Mark A. Kearney concluded that Canaii failed to produce sufficient evidence to allow his claims to proceed to trial and granted summary judgment to the government.

Canaii’s allegations arose in part from workplace comments made in 2019. According to the court, Deputy Inspector III Ryan O. Rawlins Sr. referred to Canaii as “Cunni-eye,” made several comments Canaii considered sexually derogatory, and called him a “pussy.” Canaii characterized the variation of his surname as mocking and maintained that other comments were related to his sex.

During a recorded Arson Prevention Unit meeting in June 2019, Deputy Inspector III Rawlins also made comments concerning Canaii’s educational accomplishments, including that even if Canaii obtained a doctorate, he would not call him “doctor.” Canaii attributed some of those comments to jealousy over his educational credentials.

Canaii filed an internal complaint alleging sexual harassment and a hostile work environment on October 18, 2019. Three days later, the fire service reassigned him from the Arson Prevention Unit to the Suppression Unit while it investigated his complaint. His base salary remained unchanged and his shift differential increased from 12% to 15%.

A second issue involved Canaii’s diagnosis of severe sleep apnea. His physician advised the government in February 2020 that Canaii should avoid 24-hour shifts because of the condition. The government sought additional medical information and a second opinion and placed Canaii on sick leave from February 5 through May 6, 2020. During that period, he was not scheduled to work a 24-hour shift.

The second medical evaluation agreed that Canaii should not work 24-hour shifts until he became compliant with CPAP therapy. It recommended that once he was compliant, he could return to full duty and should be permitted to use his CPAP machine during sleep periods while working a 24-hour shift. Canaii returned to work on May 8, 2020.

Canaii claimed the government failed to reasonably accommodate his disability. Judge Kearney disagreed, concluding that the government engaged in the interactive process required by the ADA. The court pointed to the government’s requests for additional medical information, its decision to obtain a second medical opinion, its placement of Canaii on sick leave, and the fact that he was not required to work a 24-hour shift while his condition was being evaluated.

The court concluded:

• We find the Government engaged in the flexible, interactive process required by Congress after Mr. Canaii informed it of his disability.
• The Government requested additional information from Mr. Canaii about his sleep apnea.
• There is no evidence the Government obstructed or delayed the process, failed to communicate with Mr. Canaii, or otherwise failed to help Mr. Canaii determine necessary accommodations.
• The Government made good faith efforts to assist Mr. Canaii with his disability and engaged in an interactive process.

Judge Kearney also rejected Canaii’s sexual harassment/hostile work environment claim. The court concluded that Canaii failed to produce evidence from which a reasonable jury could find that the comments directed toward him constituted intentional discrimination because of his sex. The court noted that Canaii himself attributed some of the conduct to mocking of his surname or jealousy over his educational credentials.

Addressing the sexually derogatory language, the court explained that the use of a word with sexual content or connotations does not by itself establish discrimination because of sex. Because Canaii failed to establish that the conduct was directed toward him because he was male, the court granted summary judgment on the hostile work environment claim.

Canaii also claimed the reassignment to the Suppression Unit constituted retaliation for filing his internal harassment complaint. The court concluded the reassignment did not constitute a materially adverse employment action. Canaii’s compensation actually increased following the transfer, and the court found no evidence of a reduction in benefits, detrimental change in hours, or other significant adverse impact.

Canaii further contended that the government retaliated against him by failing to promote him. Judge Kearney concluded that the record contained no evidence of an available promotion that Canaii sought and was denied. The court therefore granted summary judgment on the retaliation claim as well.

Canaii has appealed the ruling to the U.S. Court of Appeals for the Third Circuit. The appeal was docketed on September 16, 2026 and his opening appellate brief is due October 27, 2026.

Here is a copy of the decision: