Nearly half of all employers inspected over the last five years were found to be noncompliant with a local law intended to help individuals with criminal pasts by barring employers from asking about criminal histories or pending cases until a conditional employment offer is made.
The Fair Chances Hiring Process Act, or Public Law 34-22, was enacted in July 2017 but became effective in early February 2018. The law applies to employers with 15 or more employees.
In addition to regulations regarding the use of arrest and conviction records in hiring and employment decisions, the law mandates employers to post signage about the FCHPA in a conspicuous area at the workplace, according to the Guam Department of Labor.
"Based on data collected from the last five years, of the 142 employers who were inspected, approximately 47% were found to be noncompliant. A majority of the employers, or 55%, were cited for failing to display the FCHPA signage at their workplace, 19% did not comply with advertising requirements, and 18% continued to seek police and court clearances during the application process. A few citations were issued related to documentation, procedures and withdrawal of conditional job offers," GDOL stated in a press release.
The release said GDOL is determined to work with employers found to be in violation of the FCHPA, and the agency will consider penalties that include training, retraining and written warnings before issuing monetary fines.
According to GDOL, fines under the FCHPA may include:
"The Fair Chances Hiring Practice law was designed to give everyone a fair chance at getting a job right from the start, regardless of your criminal record. It is against the law to ask a job applicant for their court or police clearance before a job offer is made. Doing so may hurt their chances of getting hired," GDOL Director David Dell’Isola stated in the release.
"This law went into effect nearly six years ago and despite our efforts to educate the business community and community at large, it’s clear based on the data that many are still unaware of their employment rights," he added.
Information about employer and employee rights and responsibilities, including how to file a complaint, can be found online at https://dol.guam.gov/compliance/fepd/.
The FCHPA signage required to be displayed at every place of business with 15 or more employees also can be found on the website.
For more information or inquiries, residents can contact the GDOL Fair Employment Practice Division at 671-300-4544.
