American Samoa § 32.0106 - Liability for damages.

§ 32.0106. Liability for damages.

(a) An employer or labor organization which violates any provision of 32.0103 through 32.0105 is liable to a person or party injured as a result of the violation for the actual damages as may have been sustained by that person. (b) An employee who may be denied initial employment or deprived of continuance of his employment in violation of 32.0103 through 32.0105 is also entitled to recover costs and attorney’s fees which may have been sustained or incurred by a party to an action, and, in the discretion of the court, punitive damages in addition to the actual damages as may be sustained. If a person is denied initial employment or is deprived of continuance of his employment by an employer, and the denial or deprivation was the result, in whole or in part, of conduct on the part of a labor organization, which conduct is declared illegal by paragraph (3) of 32.0105, then in no case shall the denial of initial employment or deprivation of continued employment be considered to be the result, in whole or in part, of any action or conduct on behalf of the employer, but shall be considered to be caused solely by the acts of the labor organization.