Chapter 31 - Equal Opportunity-Affirmative Action

4.3101 Policy generally-American Samoan preference.


(a) It is the policy of ASPA to provide and promote equal opportunity in employment to people without discrimination because of race, creed, color, sex, religion, national origin, age, handicaps, marital status, political affiliation, or other nonmerit consideration.

(b) Pursuant to 7.0204(b) ASCA, and as an integral part of the equal employment opportunity policy, ASPA shall employ residents of American Samoa who are American Samoans or United States nationals, and shall employ other persons only when no American Samoans or United States nationals who meet the minimum qualifications for a particular class of work can be found. This policy is initiated in recognition that:

(1) It is necessary to identify and deal with discrimination and obstacles to equal employment opportunity, intended or unintended;

(2) Well-conceived, planned, and realistic actions are necessary to provide for achieving true equality of opportunity;

(3) These actions must be aggressively pursued;

(4) An effective periodic self-evaluation is needed to ascertain whether predetermined goals are being met; and

(5) This evaluation will result in updating the action plan as necessary, to meet changing needs and to effectively resolve problems.

4.3102 Affirmative action conformance to federal provisions.


An affirmative action plan has been prepared for use by ASG in its efforts to provide equity in employment to women, minors, and other victims of discrimination. ASPA will follow ASG's affirmative action plan. This EEO-AA plan is intended to conform to federal requirements of Title VI of the Civil Rights Act of 1964, § 808 of the Civil Rights Act of 1968, Executive Orders 11063, 11246, and 11375, § 109 of the HUD Act of 1974 and §3 of the HUD Act of 1968.

4.3103 Enforcement responsibility-Staff, subcontract, or contracting agency compliance.


(a) The responsibility and authority for the enforcement of this policy pertaining to the ASPA Affirmative Action Plan and its goals are vested in the Executive Director, who will be responsible for the implementation, administration, and compliance of the EEO policies and AA plan.

(b) All ASPA staff, subcontractors, and contracting agencies are required to comply with this policy with reference to recruitment, hiring, training and compensation.

4.3104 Compliance officer.


The EEO compliance officer (EEOCO), appointed within the Office of Manpower Resources, will have the responsibility of promoting, coordinating and monitoring ASPA's plan. The duties and responsibilities of the EEOCO as defined in the ASAC are as follows:

(a) Following the policy statement and Affirmative Action Plan, providing an effective procedure to communicate EEO procedures;

(b) Acting as the focal point of all EEO activities, particularly in the development and implementation of the Affirmative Action Plan;

(c) Providing continuous assistance to management in collecting and analysis of employment data, identifying problem areas, setting goals and timetables, and developing programs to achieve goals. Following through on programs to assure set goals are accomplished on time;

(d) Consulting with and advising all appropriate ASPA staff on matters pertaining to the administration of the EEO policies;

(e) Submitting to the director of the Office of Manpower Resources quarterly progress reports pertaining to ASG's and ASPA's EEO program:

(f) Assisting ASG and ASPA administrators and contractors in preparing effective programs, criteria, compiling and disseminating public information for the Governor and his department/agency heads including the Executive Director of ASPA, implementing equal- employment-opportunity policies and open-occupancy statements, directing preparation of related correspondence including recommendations on EEO, investigating formal and informal complaints of alleged discrimination by parties to agreements and recommending procedures to ensure compliance with all ASG and ASPA contract provisions which promote equal opportunity objectives, and attending pre award and preoccupancy conferences:

(g) Implementing a system for receiving and investigating complaints and/or grievances of discrimination in accordance with EEO rules;

(h) Investigating formal and informal complaints of alleged discrimination and contract noncompliance, and implementing procedures to resolve each case;

(i) Participating in programs and conferences regarding fair and equal opportunity practices and assisting in servicing the Affirmative Action Plan;

(j) Establishing and maintaining contact as the ASG and ASPA primary working liaison and representative with the community and all ASG and ASPA contracting groups with regard to equal employment policies and opportunities;

(k) Requiring that all affirmative action plans submitted by subcontractors or proposed sub- contractors are in line with ASG's and ASPA's affirmative action requirements for employment for American Samoan and United States nationals.

(l) Submitting to the director of the Office of Manpower Resources, reports on the progress of ASG and ASPA in achieving established goals and making necessary recommendations for additional efforts in accomplishing goals of the affirmative action program.

4.3105 EEO coordinators-Publicity.


ASPA's EEO policy and Affirmative Action Plan will require an overall understanding of each department head about his or her role in meeting ASPA goals and objectives. The Executive Director shall appoint an EEO coordinator. The EEO coordinator will direct every effort in educating ASPA, contractor, and subcontractor personnel to clarify their understanding and responsibilities for carrying out EEO policy and the Affirmative Action Plan.

4.3106 Contract-seeker compliance- Third parties-Monitoring.


All nonfederal or non federally assisted projects, contractors, subcontractors, developers, consultants, appraisers, and other technical specialists will be informed by ASPA that anyone seeking a contract with ASPA must undertake a program of equal employment opportunity. Any company or individual discriminating in employment practices on the basis of race, creed, color, religion, sex, or national origin will not be eligible for contracts with ASPA. The EEOCO will monitor these procedures and activities for compliance, and to undertake any necessary corrective measures. The actions and guidelines contained in this policy shall be applicable also to all third parties involved in the project.

4.3107 Grievances-Appeals.


Grievances and appeals resulting from the implementation of this plan shall be handled in accordance with the procedures outlined in the chapter of these regulations which addresses appeal, grievance and administrative review.

4.3108 Equal Employment Opportunity Affirmative Action Plan.


ASPA's policy, to provide and promote equal opportunity in employment to people without discrimination because of race, creed, color, sex, religion, national origin, age, handicaps, marital status, political affiliation, or other nonmerit consideration, shall be implemented in accordance with the ASG Equal Employment Opportunity Affirmative Action Plan incorporated in full, by reference, herein.