ST. CROIX — A federal judge has dismissed a sex-based pay discrimination civil lawsuit filed about a decade ago by former Senator Genevieve Whitaker against current and former election officials, finding the complaint failed to meet the legal threshold required to proceed, according to court documents.
Chief Judge Robert Molloy issued an order Wednesday granting the defendants’ motion to dismiss the case with prejudice — meaning it cannot be refiled — for failure to state a claim upon which relief can be granted. The ruling means the court found that, even accepting the allegations as true, the lawsuit did not present a legally valid basis for relief under the applicable statutes.
Whitaker, who represented herself in the case, first filed suit in 2016 and later submitted a second amended complaint on April 4, 2023. She worked as St. Croix deputy supervisor of elections from October 13, 2013, until her resignation on January 8, 2021, after being elected to the 34th Legislature.
Whitaker alleged her starting salary of $72,000 was $8,000 less than that of her male predecessor, former Senator James Weber III. She said she later received a 3% across-the-board increase for Elections System of the Virgin Islands staff, raising her salary to $74,160 effective Jan. 31, 2019, through her resignation.
She alleged sex-based wage discrimination in violation of the U.S. Equal Pay Act and the Virgin Islands Equal Pay Law, as well as retaliation under Title VII of the Civil Rights Act of 1964 after filing her initial lawsuit in 2016. She sought back pay, liquidated damages, court costs and fees, and damages for emotional distress.
In a motion to dismiss filed April 17, 2023, the defendants argued Whitaker’s position was exempt from civil service protections because she served in a non-career, policymaking role appointed by public officials and therefore was not covered under the Equal Pay Act or Title VII. They also argued the Virgin Islands Equal Pay Law does not provide a private right of action for the type of pay claims raised.
In his opinion, Molloy found Whitaker’s position as deputy supervisor of elections fell within an exempt, policymaking classification not covered by the civil service protections underlying her claims, and therefore not subject to the statutes she cited.
On the Equal Pay Law claim, the court noted Whitaker did not respond to the defendants’ argument in her opposition, treating the issue as conceded. The judge further concluded the law does not create a private cause of action for wage disputes within government service and provides no relief for the claims raised.
On October 1, 2025, Whitaker filed a request for clerk’s entry of default under Federal Rule of Civil Procedure 55(a), asserting that the defendants failed to answer or otherwise respond to her complaints despite being properly served in 2016.
Assistant Attorney General Julie Beberman opposed the motion, stating the defendants had actively litigated the case since its inception and had no obligation to file an answer while a motion to dismiss was pending.
Magistrate Judge Emile Henderson III denied the request on October 3, 2025, finding Whitaker’s application was both procedurally improper and without merit because the defendants had appeared and participated in the litigation since 2016.
READ MORE: Court denies ex-Sen. Whitaker’s bid for default in salary bias suit against elections officials
The defendants in the case were Supervisor of Elections Caroline Fawkes, current board members Raymond Williams (board chair) and Lilliana Belardo de O’Neal, and former board members Alecia Wells, Arturo Watlington Jr., Lydia Hendricks, Lisa Harris-Moorhead, Rupert Ross Jr., and Harry Daniel.
