Peter Chapman, former CEO of the UVI Research and Technology Park, alleges in a new lawsuit against the corporation that he was fired 55 days after informing the head of the board of directors in January 2024 that he had cancer and would need accommodations to travel to the mainland for treatment.
Chapman, who also filed a whistleblower lawsuit against the RTPark and its board chair last November that is ongoing, is alleging violations of the Civil Rights Act and the Americans with Disabilities Act, including retaliation and discrimination, in the 22-page complaint filed Thursday in V.I. District Court.
UVI’s Research and Technology Park was established in 2002. It offers tax exemptions and reductions to promote the “economic growth, development and diversification of the Virgin Islands and the broadening of the capabilities of the University of the Virgin Islands,” according to the V.I. Code.
Chapman became executive director of the public-private entity in September 2018, and at the time he was fired, he was earning an annual salary of $170,000, plus a monthly housing allowance of $5,200, and was eligible for an annual bonus of up to $40,000.
His contract was renewed for a three-year term in 2021, but the RTPark board voted against renewing his contract again during a meeting in February 2024, the complaint states.
Chapman says he first informed board chairman Edward Thomas of his diagnosis in an email dated Jan. 3, 2024, and explicitly stated that he did not expect it to impair his work performance. According to the complaint, he wrote, “Of course, I will remain plugged in virtually whenever feasible. I do not expect my condition to affect my work performance, as I remain as physically strong and intellectually engaged as I ever have. However, I recognize that having this diagnosis is a major thing nonetheless, and I must seek the necessary medical care to eradicate the cancer,” with periodic treatments over about six months.
More than a month later, on Feb. 5, Thomas replied to the email, “indicating he had met with other board members to discuss Plaintiff’s ‘health challenges and how [they] would move forward with the business of the Park,’ implying a perception that Plaintiff’s condition would substantially limit his work performance,” the complaint states.
Moreover, Thomas called a meeting for Feb. 16 with RTPark staff to disclose Chapman’s medical issue — against Chapman’s wishes — “and discuss contingency plans during Plaintiff’s absence, demonstrating a belief that Plaintiff’s condition necessitated significant adjustments and contingency planning, thus indicating a perception of substantial limitation,” the complaint states.
Despite Chapman notifying Human Resources liaison Khyra Thomas that he did not consent to his information being shared publicly — and “reiterating his strong desire to maintain the confidentiality of his cancer diagnosis, specifically citing his protections under federal law and the unnecessary need for such disclosure,” in a follow-up email to Thomas — the meeting went ahead, during which Thomas alluded to Chapman’s medical issue and attempted to coerce him into sharing his diagnosis with the gathered staff members, the complaint alleges.
Ten days later, on Feb. 26, 2024, the board of directors notified Chapman of their decision not to renew his contract, it says, adding that it had no legitimate reason for doing so “other than Plaintiff’s cancer diagnosis and request for a reasonable accommodation.”
The decision came after years of consistent exemplary performance, according to the complaint, which devotes three pages to Chapman’s accomplishments as director. They included tripling the RTPark’s revenue during his tenure, despite the challenges of the COVID-19 pandemic, it says.
Chapman subsequently filed a charge of discrimination with the U.S. Equal Employment Opportunity Commission on May 10, according to the complaint.
On June 13, a special committee appointed by Thomas, consisting of board members Ian Tomlinson, Dr. David Hall and William DeLone, decided to put a 75 percent cap on Chapman’s bonus for fiscal years 2021 and 2022, claiming he failed to provide them with a bonus plan to guide their bonus evaluation process, it says.
The complaint alleges this “was a pretext for discrimination because the Board failed to establish the required mutually agreed-upon bonus plan, which was their responsibility, and penalized Plaintiff despite his significant achievements.”
The bonus was denied because “the defendant regarded the Plaintiff as disabled and perceived the Plaintiff’s cancer as a substantial limitation affecting his ability to perform his role at 100%,” and as retaliation for the EEOC complaint, the lawsuit states.
Chapman is seeking back pay, front pay, lost benefits, 100 percent of his bonus, attorney fees, and compensatory damages to be determined at trial. He is represented by Scot McChain of McChain Hamm and Associates of St. Croix.
The RTPark had not responded to the complaint as of Monday evening.
