March 29, 2018
Hagåtña, Guam – The Guam Department of Labor (GDOL) would like to remind employers that Public Law 34-22, known as the Fair Chances Hiring Process Act, took effect on February 8, 2018.
Employers with 15 or more employees are prohibited from requesting for police or court clearances as part of the job application process. After the application process and only when a conditional offer of employment is made to an applicant may employers inquire about their criminal history. An offer may still be rescinded later in the hiring process for a legitimate business reason.
The Act also creates certain legal immunities for employers who hire those with criminal records in accordance with the law.
“Although the law does not entitle applicants with prior histories to a job they want, it does provide them a fair chance or opportunity for consideration,” GDOL Director Sam Mabini stated.
Note that while the law took effect on February 8, 2018, administrative rules are being finalized.
GDOL encourages employers to work with their Human Resource Specialists, or contact the Fair Employment Practice Division at GDOL, 300-4544/5, for additional guidance until final ruling is completed.

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