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Do recipients or subrecipients in American Samoa have to comply with the EEOP Short Form requirement?

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Do recipients or subrecipients in American Samoa have to comply with the EEOP Short Form requirement?

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No. Although recipients of all Justice Department funds have to comply with applicable federal laws prohibiting discrimination in employment and in the delivery of services or benefits, recipients and subrecipients of Justice Department funding in America Samoa, even if they are subject to the nondiscrimination provisions in the Safe Streets Act or VOCA, are exempt from the requirement to develop an EEOP Short Form because the appropriate labor market statistics are unavailable. Nonetheless, recipients should be mindful of the regulatory requirement to keep employment data related to hiring, promoting, transferring, and disciplining workers (see 28 C.F.R. ยง 42.301-.308). In some instances, OCR may request employment data in lieu of the EEOP Short Form (e.g., applicant flow data, cross-classified by race, national origin, and sex, for all entry-level positions).

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