Filed Date: May 11, 2023
Case Ongoing
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This case concerns discrimination against a transgender employee of the government of American Samoa. A transgender woman who worked for the Department of Human and Social Services of the American Samoa Government filed a complaint with the Equal Employment Opportunity Commission (EEOC) on January 17, 2017, alleging a hostile work environment on the basis of her gender identity, in violation of Title VI of the Civil Rights Act of 1964. After the EEOC investigated and attempted to resolve the claim through conciliation, it referred the matter to the Department of Justice (DOJ). The DOJ filed suit on May 11, 2023, in the U.S. District Court for the District of Hawaii, where it was assigned to Senior Judge Helen Gillmor. Plaintiff sought compensatory damages and an injunction against further discrimination, including remedial steps (training and policies).
A settlement notice was filed the same day, conditional on the Samoan legislature approving the settlement payment. Once approval was granted, Senior Judge Gillmor issued a consent decree on September 12, 2023. WL 7495425. The 18-month decree ordered the implementation of anti-discrimination training and policies, including complaint and investigation procedures. It also awarded the employee compensatory damages of $125,000.
As of April 2025, the case remained open pending the completion of the consent decree term.
Summary Authors
Erin Lichtenstein (4/11/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67369938/parties/united-states-v-american-samoa-government-department-of-human-and-social/
Gillmor, Helen W. (Hawaii)
Morrison, Jeffrey (Hawaii)
Iosua, Michael L. (Hawaii)
Suetsugu, Anthony F.T. (Hawaii)
See docket on RECAP: https://www.courtlistener.com/docket/67369938/united-states-v-american-samoa-government-department-of-human-and-social/
Last updated Sept. 26, 2025, 11:17 p.m.
State / Territory: Hawaii
Case Type(s):
Key Dates
Filing Date: May 11, 2023
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
U.S. Department of Justice on behalf of a transgender employee of the American Samoa Government's Department of Human and Social Services.
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Attorney Organizations:
U.S. Dept. of Justice Civil Rights Division
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
American Samoa Government (American Samoa), State
Defendant Type(s):
Case Details
Causes of Action:
Title VII (including PDA), 42 U.S.C. § 2000e
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Content of Injunction:
Develop anti-discrimination policy
Provide antidiscrimination training
Implement complaint/dispute resolution process
Amount Defendant Pays: $125,000
Order Duration: 2023 - 2025
Issues
Discrimination Area:
Harassment / Hostile Work Environment
Discrimination Basis:
Affected Sex/Gender(s):
EEOC-centric:
LGBTQ+: