Pago Pago, AMERICAN SAMOA — Leauma Ben Alefosio has filed a third civil suit in the US District Court in Honolulu against the American Samoa Government, this time including the Hawai’i Equal Employment Opportunity Commission (H-EEOC) in pursuit of his alleged wrongful termination from the Public Defender’s Office in 2021. The former ASG employee of the PD’s two previous suits that were dismissed by the Honolulu District Court did not include the H-EEOC.

According to Alefosio, he has included the H-EEOC as a defendant due to it being the authorized agency on Title VII matters — superseding the local American Samoa EEOC Office (ASEEOC), with the Administrative Law Judge relying on the H-EEOC and vice versa with Title VII claims.

He noted that in 2021, under the new “Lemanu Mauga” Administration, the AS-EEOC office was transferred from Department of Human Resources to the Office of the Governor, which he said means that both the ALJ and the AS-EEOC Office are under the same office. Both offices, he explains, are in “direct communication with the Hawaii EEOC Office. “The contact person at the Hawaii EEOC Office is Emily Mauga.”

In his third lawsuit, a synopsis of the claim is as follows:

Alefosio, as plaintiff brings this action to enforce the provisions of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. (Title VII).

Specifically, this complaint alleges discriminatory retaliation against the American Samoa Government for terminating Alefosio’s employment for engaging in a “protected activity” violating Title VII.

“Moreover, the complaint alleges the Hawaii EEOC violated Title VII of the Civil Rights Act by failing to adequately investigate plaintiffs' charges, and where applicable, failing to engage in a "bona fide" attempt to conciliate those charges, all in violation of the EEOC's duty under § 706(b) of Title VII, 42 U.S.C. § 2000e-5(b), and the regulations promulgated thereunder.

“Furthermore, the complaint alleges that the Hawaii EEOC misled the plaintiff of his rights, and concealing ASG’s wrongful conduct.

“In addition, the complaint asserts Fraudulent Misrepresentation, Negligence, and Negligent Infliction of Emotional Distress NIED against the Hawaii EEOC Office.

“Lastly, the complaint alleges Conspiracy to Commit Fraud against the Hawaii EEOC and the American Samoa Government.

Alefosio told Samoa News that “this new suit alleges discriminatory retaliation for terminating my employment in 2021 for engaging in a "protected activity" violating Title VII of the Civil Rights Act.”

He explained that “when I complained to Michael White [former Public Defender] and former Governor Lolo [Moliga] in June 2020 that Michael White had unfavorably adjusted my salary without notice that is considered a ‘protected activity’.

“It was unfair because my $40,000.00 salary at the time matched my education and work experience background relative to my White coworkers. The average salary for my White coworkers was $57,000.00. Michael White was getting paid $70,000.00.

“Michael White lowered my salary from $40,000.00 to about $30,000.00.

“That is an unfair salary and quite frankly disrespectful for someone with a Master's degree in the pertinent field and over 15 years of combined work-related off-island and local experiences. I also attended an ABA law school in San Diego. I was scheduled to go to Suffolk Law School in Boston but decided to stay in San Diego because my mom became ill.

“After receiving my complaint, Governor Lolo requested I submit copies of my credentials which included my resume, college diplomas, letters of recommendation, and certificates of training which I did. After reviewing my credentials for about two weeks and consulting with the DHR, Budget Office, and the Attorney General's Office, Governor Lolo converted my contract to career service. Lolo raised my salary from $40,000.00 to $45,000.00 as he felt I was underpaid compared to my White coworkers and those with similar backgrounds in the ASG workforce. 

“Upon learning of my complaint to former Governor Lolo, Michael White subjected me to various employment adverse actions which included threatening to transfer my employment. In early April 2021, I approached Michael White for fear of losing my job because I sensed he was still upset that I had complained to Lolo. Michael White said, ‘Remember that stunt you pulled approaching Governor Lolo last year?’ Michael White said this to me twice.

“The termination letter states the reason for termination is ‘unsatisfactory performance’.

“However, there is no performance evaluation, letter of reprimand, or letter of warning to corroborate the reason for termination. “I would later find out that the so-called letter of recommendation written by Michael White and submitted to the DHR in 2021 was ‘to transfer’ not ‘to terminate’ employment.

“The DHR concealed this evidence for two years. Michael White's recommendation letter is infested with lies similar to his affidavit filed at the Office of the Administrative Law Judge which the ALJ overlooked.

“The ALJ was not much help either.

“The entire case is ‘a deliberate scheme gone wrong’, Alefosio concluded.