Chapter 11 - Equal Opportunity-Affirmative Action




Chapter 11 - Equal Opportunity-Affirmative Action















4.1101 Policy generally-American Samoan preference.








(a) It is the policy of the ASG 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, the government 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. The Executive Branch initiates this policy 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.










4.1102 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. 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.













4.1103 Enforcement responsibility- Staff, subcontractor, contracting agency compliance.








(a) The responsibility and authority for the enforcement of this policy pertaining to the ASG Affirmative Action Plan and its goals are vested in the director, office of manpower resources, ASG, who will be responsible for the implementation, administration, and compliance of the EEO policies and AA plan, and will directly supervise the ASG EEO compliance officer.
(b) All staff, subcontractors, and all contracting agencies utilizing federal funds administered by ASG are required to comply with this policy with reference to recruitment, hiring, training, and compensation.













4.1104 Compliance officer.








An EEO compliance officer (EEOCO) shall be appointed within the office of manpower resources and will have the responsibility of promoting, coordinating and monitoring this plan. The duties and responsibilities of the EEOCO 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 for all EEO activities, particularly in the development and implementation of the ASG Affirmative Action Plan;
(c) Providing continuous assistance to management in collection 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 ASG agencies on matters pertaining to the administration of the EEO policies;
(e) Working with schools, women's groups, and organizations to encourage entrance of women into employment training programs, and assisting in development of new training resources for women;
(f) Submitting to the director of manpower resources quarterly progress reports pertaining to the EEO program;
(g) Assisting ASG administrators and contractors in preparing effective programs criteria, compiling and disseminating public information for the Governor and his department/agency heads, 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 contract provisions which promote equal opportunity objectives, and attending preaward and preoccupancy conferences;
(h) Implementing a system for receiving and investigating complaints and/or grievances of discrimination in accordance with EEO rules;
(I) Investigating formal and informal complaints of alleged discrimination and contract noncompliance, and implementing procedures to resolve each case;
(j) Participating in programs and conferences regarding fair and equal opportunity practices and assisting in servicing the Affirmative Action Plan.
(k) Establishing and maintaining contact as the ASG primary working liaison and representative with the community and all public agencies' contracting groups with regard to equal employment policies and opportunities;
(l) Requiring that all affirmative action plans submitted by subcontractors or proposed subcontractors are in line with ASG's affirmative action requirements for employment for American Samoan and United States nationals as mentioned in 4.110 1.
(m) Submitting to the director, manpower resources, reports on the progress of ASG in achieving established goals and making necessary recommendations for additional efforts in accomplishing goals of the affirmative action program.













4.1105 EEO coordinators-Publicity.








ASG's EEO policy and Affirmative Action Plan will require an overall understanding of each department/agency head about his or her role in meeting ASG goals and objectives. Each department/agency head shall appoint an EEO coordinator. Every effort will be directed in educating ASG, contractor, and subcontractor personnel to clarify their understanding and responsibilities for carrying out EEO policy and the Affirmative Action Plan as a basic part of their jobs.













4.1106 Contract-seeker compliance- Third parties-Monitoring.








All nonfederal or nonfederally assisted projects, contractors, subcontractors, developers, consultants, appraisers, and other technical specialists will be informed by ASG that anyone seeking a contract with ASG must undertake a program of equal employment opportunity. Any company or individual discriminating in his/her employment practices on the basis of race, creed, color, religion, sex, or national origin will not be eligible for contracts with ASG. It will be the responsibility of the EEOCO to 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.













4.1107 Grievances-Appeals.








Grievances and appeals resulting from the implementation of this plan shall be handled in accordance with the procedures outlined in Chapter 09 of the ASG Personnel Administration Regulations.













4.1108 Equal Employment Opportunity Affirmative Action Plan.








(a) The rule codified in this section is issued under the authority of Section 6 of Article IV of the Revised Constitution of American Samoa.

(b) It is the policy of the ASG 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.

(c) This policy shall be implemented in accordance with the Equal Employment Opportunity Affirmative Action Plan, attached to this chapter as Appendix A and incorporated in full, by reference, herein.













Appendix A - Affirmative Action Plan








It is the policy of the ASG 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.

Pursuant to 7.0205(b) ASCA, and as an integral part of the Equal Employment Opportunity policy, the government 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.

The Executive Branch initiates this policy 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 pre-determined 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.

Peter T. Coleman Governor

EQUAL EMPLOYMENT OPPORTUNITY

AFFIRMATIVE ACTION PLAN

This Equal Employment Opportunity Affirmative Action Plan is intended to conform to federal requirements of Title VI of the Civil Rights Act of 1964, Section 808 of the Civil Rights Act of 1968, Executive Orders 11063, 11246, and 11375; Section 109 of the HUD Act of 1974 and Section 3 of the HUD Act of 1968.

The plan is in 3 parts: Background, Administration, and Action Steps. Charts giving current demographic and employment data and annual goals are attached in support of the plan.

I. Background.

The territory of American Samoa presents a unique and sometimes confusing problem for those who are concerned with administering equal employment opportunity (E EO) policy. Samoan people of any nationality are counted as "minority" for all mainland U.S. purposes, yet in American Samoa they represent almost all of the permanent population. A group of 100 to 1000 "palagi's" (nonSamoan whites, orientals, and others) cycles in and out on contract positions and in nongovernmental jobs.

Since "minority" employment problems extend locally, it is appropriate to provide employment preferences to Samoan residents and impose immigration controls on alien entry, residence and employment. Thus, in accordance with territorial statutory laws, applicants are not employed by the ASG unless resident American Samoans or United States nationals are unavailable and immigration clearance is granted.

There is no evidence of discrimination in other factors except for sex. Samoan culture has ways barred men and women from certain occupations, though most of these restrictions were involved with traditional family and village activities which are rapidly changing in the face of economic and educational advancement. The attached data shows nonSamoans (called "nonminority") holding down most ASG jobs in the higher salary ranges. This results from the necessity for filling key jobs with contract employees when the pool of available Samoan talent is exhausted. These contracts are renewable every 2 years, and are re advertised prior to each contract period. Attempts by ASG to overcome this problem through scholarships and intensive recruitment have produced a steady decline in the number of nonminority hires; however, equity is still some years off.

This plan, therefore, deals initially only with inequities with regard to the employment opportunities for women, and the hiring of "minorities" in higher-paying positions.

When the 1980 census data are available, the question of other employment inconsistencies will be reviewed.

II. Administration.

A. Responsibility. The responsibility and authority for the enforcement of this policy pertaining to the Affirmative Action Plan and its goals are vested in the director, department of manpower resources, ASG, who will be responsible for the implementation, administration, and compliance of the equal employment opportunity policies and Affirmative Action Plan.

All staff, subcontractors, and all contracting agencies utilizing federal funds administered by ASG are required to comply with this policy with reference to recruitment, hiring, training, and compensation.

B. Duties and Responsibilities of the Equal Employment Opportunity Compliance Officer. An equal employment opportunity compliance officer (EEOCO) shall be appointed within the department of manpower resources and will have the responsibility of promoting, coordinating and monitoring this plan.

The duties and responsibilities of the EEOCO are as follows:

1. Following the policy statement and Affirmative Action Plan provide an effective procedure to communicate EEO procedures;

2. Acting as the focal point for all EEO activities, particularly in the development and implementation of the ASG Affirmative Action Plan;

3. Providing continuous assistance to management in collection and analysis of employment data, identify problem areas, setting goals and timetables, and developing programs to achieve goals, and following through on programs to assure set goals are accomplished on time;

4. Consulting with and advising all ASG agencies on matters pertaining to the administration of the EEO policies;

5. Working with schools, women's groups and organizations to encourage entrance of women into employment training programs, and assisting in development of new training resources for women;

6. Submitting to the director of manpower resources quarterly progress reports pertaining to the EEO Program;

7. Assisting ASG administrators and contractors in preparing effective programs criteria, compilin& and disseminating public information for the Governor and his department/agency heads, 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 recommend procedures to ensure compliance with all ASG contract provisions which promote equal opportunity objectives, and attending preaward and preoccupancy conferences;

8. Implementing a system for receiving and investigating complaints and/or grievances of discrimination in accordance with EEO regulations;

9. Investigating formal and informal complaints of alleged discrimination and contract noncompliance, and implementing procedures to resolve each case;

10. Participating in programs and conferences regarding fair and equal opportunity practices and assisting in servicing the Affirmative Action Plan;

11. Establishing and maintaining contact as the ASG primary working liaison and representative with the community and all public agencies' contracting groups, with regard to equal employment policies and opportunities;

12. Requiring that all affirmative action plans submitted by subcontractors or proposed subcontractors are in line with ASG's affirmative action requirements for employment for American Samoans and United States nationals as mentioned in the Policy Statement;

13. Submitting to the director, manpower resources, reports on the progress of ASG in achieving established goals and make necessary recommendations for additional efforts in accomplishing goals of the affirmative action program.

C. Dissemination of Equal Employment Opportunity Affirmative Action Policy. ASG's EEO policy and Affirmative Action Plan will require an overall understanding of each department/agency head about his or her role in meeting ASG goals and objectives. Each department/agency head shall appoint an EEO coordinator. Every effort will be directed in educating ASG, contractor, and subcontractor personnel to clarify their understanding and responsibilities for carrying out EEO policy and the Affirmative Action Plan as a basic part of their jobs.

ASG will publicize the plan as follows:

1. Internally:

a. All staff members (directors, managers, supervisors, officials, administrators, professionals, technicians, office and clerical employees and other employees);

b. All territory employment and training council members.

Internal communication of policy statement and objective of the ASG Affirmative Action Plan will be disseminated and publicized in the following manner:

Written communication from the Governor's Office;

ASG's policy manuals, handbooks, operating manuals and annual reports will include the EEO policy statement;

A copy of this written Affirmative Action Plan will be maintained by each department/ agency;

EEOCO shall conduct meetings with EEO Coordinators to inform them of existing and changing legislation in the equal employment opportunity field.

2. Externally:

a. Subcontracting agencies;

b. Community groups and women's organizations;

c. General public.

ASG recognizes the importance of keeping an open-line of communication between itself and community organizations, especially those which represent minorities, women, young people, the aged, handicapped individuals, and veterans. These are the organizations which reach many of the people for whom services are intended. ASG, contractors, and subcontractors shall use the following methods of external communications:

All employment announcements, help-wanted ads, and other advertising should include the statement "Equal Opportunity Employer" (male or female, M/F.)

Keep all contractors and subcontractors informed in writing of ASG's current EEO policies.

Inform the educational institutions, community agencies, and community leaders of ASG's EEO policies.

Notify general public through available news media and other sources of ASG's EEO policies.

Disseminate policy statement to local community organizations and groups utilizing radio and television to inform the public of ASG's policy and programs as well as a summary of key elements of the affirmative action program.

III. Action Steps.

A. Determination of Inequities and Setting Goals.

1. EEO data:

Periodically, the information systems office of ASG will provide to the EEOCO printouts of special reports which have been designed to be responsive to EEO needs. Those will include quarterly reports of employees in positions at various blue collar and white collar grade levels, broken down by sex and minority status, by department/agency. Once each year, a report will be made showing turnover and anticipated position vacancies. When available, the 1980 Census reports will be used for further determination of EEO inequities.

EEO/AA is a living program, and changes with new information or as the program succeeds in reaching its goals. The computer reports, continuously updated, are attached to and become a part of this plan.

2. Goal setting:

As each computer printout is received and studied, specific goals will be made or changed to reflect realistic assessments of need and response. In most cases, the goals will be reflected in the far-right-hand column of the "status of women and minorities" quarterly report.

B. Steps to overcome inequities recruitment:

Recognizing that upgrading, transfers, training, and recruitment efforts are the means by which the Affirmative Action Plan can be implemented with significant and immediate results, the recruiting and training staff of the office of manpower resources is to consider and utilize first all available minority applicants, as recognized by the statutory preference given to American Samoans and United States nationals. "American Samoans" are those persons defined or described in 41.502(b) and 41.0640 ASCA. "Permanent residents" as defined or recognized by 41.0502(j), 41.0602, 41.0603, 41.0604, and 41.0616 ASCA have the same rights as American Samoans for this purpose. "United States Nationals" are defined in Section 1408 of Title 8 of the United States Code.

In addition, it shall also be the concern of all staff recruiters and personnel administrators to give special attention to recruitment of women in positions where, in the judgment of the director of manpower resources, there is a need to utilize and expand the female work-force. This policy is in accordance with the federal equal employment opportunity laws and the related federal Executive Order 1 1246, as amended by 11375.

C. 1. Development of contracts:

a. Attend community meetings to explain policy and objectives.

b. Visit high schools, the American Samoa Community College and Skill Center at normal recruiting period and during these visits emphasis shall be placed on ASG as being an equal opportunity employer.

c. Participate in local career days at all schools and the community college.

d. Discuss ASG employment needs and policy with community organizations.

e. Distribute letters to schools and organization expressing interest in referral of qualified candidates for specific job opportunities.

2. Encouragement of job applicants:

a. Include on all recruitment advertising:

"Equal Employment Opportunity Employer. However, where positions can be filled locally, preference shall be given to American-Samoans, United States Nationals and permanent residents of American Samoa."

b. Post promotional opportunities and encourage the widest range of applicants within agency level, local education and community resources.

c. Publicize examples of minorities employed in nontraditional occupations.

d. Publicize Samoanization of work-force.

3. Selection:

Screening of applicants is the responsibility of the office of manpower resources through review of applications, testing and interviewing. The five top candidates are referred to hiring agency for interview. Final selection is the responsibility of the hiring department/agency head.

4. Examinations:

The definition of examinations includes the process from review of applications to final determination of eligibility. While an evaluation of all tests used in selection is not feasible at the present time, the following actions shall be taken to avoid discrimination and to acquire pertinent statistics for use in any future evaluation:

a. Eliminate from the actual application form all questions which tend to be discriminatory such as reference to sex, marital status, except for that information which is necessary for the affirmative action program.

b. For written tests, keep a record of the success of minority group members in taking tests.

c. The office of manpower resources should notify the department/agency head if in its judgment the experience requirements or the tests are unnecessarily restricting in selection for employment or promotion or why they feel that the tests are not job related.

5. Counseling:

a. Provide career counseling to present and prospective employees and point out promotional opportunities, career ladders, and training opportunities and programs.

b. Counsel applicants on possible actions to improve their opportunity for future employment.

6. Appointment:

a. The hiring agency making final selection shall interview as objectively as possible all persons certified to them by the office of manpower resources of applicants not selected and to document reasons for nonselection. Via the secretary of Samoan affairs, department of local government, ASG, through the applicant's village pulenu'u (village mayor) at his or her last known address, the nonselected applicant will be notified in writing of the decision and inform them of their right to request a hearing by the personnel advisory board if he or she feels that the nonselection was discriminatory.

b. Hearings will follow the format outlined in Part 385.82 of the ASG Personnel Administration Manual.

7. Lateral entry:

a. Develop guidelines for recognizing previous experience of new employees including a policy for employment at higher than the normal entrance salary.

b. Continue efforts to provide intra- and interdepartment mobility through intragovernmental advertising.

8. Training:

It is the policy of ASG to provide job training and employment opportunities for all residents of the territory, particularly for the unemployed or underemployed persons, and to ensure that training and placement services will lead to maximum employment and self-sufficiency in the skills which are essential to a developing community.

a. Encourage minority employees to. participate in education and on-the-job training courses given by ASG, the American Samoa Community College, and the Skill Center.

b. Encourage employees to take courses that are job-related. Especially encourage educational programs for the completion of high school courses and training in skilled trades.

c. Select employees for in-service training on a nondiscriminatory basis.

d. Organize additional training courses for upgrading the skills of employees.

e. For future evaluation purposes, record the participation rates of minorities in training courses and their use of education leave and educational opportunities.

f. Include information regarding the Affirmative Action Plan in all training and orientation programs at all levels, especially training sessions for supervisors.

g. Encourage supervisors to utilize the orientation interview to describe the Affirmative - Action Plan and career opportunities.

9. Career ladders and promotion:

a. Post promotional opportunities and encourage the widest range of applicants, i.e., local education and community resources.

b. On an individual basis, counsel employees on their probable career ladder.

c. Annually rate employees on their promotional potential and provide career and training counseling.

d. Consider promotional employees.

e. Encourage departments/agency heads to notify the supervisors of minority and women staff members who have significant promotional potentials so that the supervisors can recommend they apply for vacancies at a higher level.

10. Specifics relative to third-party relationships:

a. All non federal or nonfederally assisted projects contractors, subcontractors, developers, consultants, appraisers, and other technical specialists -will be informed by ASG that anyone seeking a contract with ASG must undertake a program of equal employment opportunity. Any company or individual discriminating in his/her employment practices on the basis of race, creed, color, religion, sex, or national origin, will not be eligible for contracts with ASG. It will be the responsibility of the EEOCO to 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.

b. ASG's obligation under federal requirements shall be with reference to Title VI of the Civil Rights Act of 1964, 808 of the Civil Rights Act of 1968; and Executive Orders 11063, 11246, 11375, and 11376 109 of the HUD Act of 1974, and 3 of the HUD Act of 1968, and such other supplements to the basic Civil Rights Act and Housing Acts regarding equal employment opportunity.

c. Review and monitor all contract developments to ensure achievement of equal employment opportunity, open occupancy, and public accommodation objectives; conduct on-site inspections, at regular intervals, of employment, occupancy, and accommodation practices.

d. The EEOCO will be responsible for reviewing

restructuring jobs to provide opportunity for semiskilled.

the adequacy of the affirmative program submittals, the monitoring for compliance with the provisions in the program, and for undertaking all necessary corrective action.

11. In-house program:

Employment, promotion, demotion, or reassignment; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; shall be done in accordance with the rules and regulations as prescribed in the ASG Personnel Administration Manual.

It is the purpose of the Personnel Administration Manual to establish a system of personnel administration based on merit principles and scientific methods governing the classification of positions and the employment conduct, movement, and separation of public officers and employees.

It is also the purpose of the Personnel Administration Manual to build a career service in ASG which will attract, select, and retain the best of our citizens on merit, free from coercive political influences, with incentives in the form of genuine opportunities for promotions in the service, which will eliminate unnecessary and inefficient employees, which will provide technically competent and loyal personnel to render such service according to the dictates of ethics and morality.

D. Evaluation and reporting:

1. Data shall be compiled for each department or agency every 3 months, indicating the number and percentages of employees in each department by sex, minority status and pay, as shown in A, Determination of inequities.

2. A summary and evaluation of the above data shall be prepared for distribution to the Governor, office of manpower resources, and the EEO.

3. The director of manpower resources shall report to departments and agencies if any problems are encountered and to propose recommendation on the implementation of this plan.

E. Grievances and appeals:

Grievances and appeals resulting from the implementation of this plan shall be handled in accordance with the procedures outlined in Part 385.8 of the ASG Personnel Administration Manual.