PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 10-3476 _____________ DESMOND L. MAYNARD, Appellant v. CARMELO RIVERA, COMMISSIONER OF THE VIRGINS ISLANDS DEPARTMENT OF LABOR; CHERYL MARTIN-LIBURD ______________ APPEAL FROM the District COURT OF THE VIRGIN ISLANDS – APPELLATE DIVISION (D.C. Civil No. 05-cv-00171) Chief Judge: Honorable Curtis V. Gómez District Judge: Honorable Raymond L. Finch Superior Court Judge: Honorable Patricia D. Steele ______________ Argued December 5, 2011 ______________ Before: FISHER, GREENAWAY, JR., and ROTH, Circuit Judges.

ORDER AMENDING OPINION

It appearing that due to a word processing error the section titles were omitted from the opinion filed on April 2, 2012, it is hereby O R D E R E D that the opinion is amended so that the section titles are included as follows: I. BACKGROUND

II. JURISDICTION AND STANDARD OF REVIEW III. ANALYSIS IV. CONCLUSION

For the Court,

Marcia M. Waldron, Clerk Date: April 12, 2012 TMK/smw/cc: Shawn E. Maynard-Hahnfeld, Esq.

Tiffany V. Monrose, Esq.

William W. Franks, Esq.

Tina G. La Borde, Esq.