Title 22 — Business Regulation

It shall be an unlawful employment practice or unlawful discrimination: (a) For any employer to refuse to hire or employ or to bar or discharge from employment, or otherwise to discriminate against any individual in compensation or in the terms, conditions, or privileges of emplo…

As used in this Chapter: COL1242015 (a) Disability means any condition or characteristic that renders a person a disabled person as defined in Subsection (b) of this Section. (b) Disabled person means any person who: (1) has a physical or mental impairment which substantially lim…

Unlawful; Offenses Defined. It shall be an unlawful employment practice or unlawful discrimination: (a) For an employer to refuse to hire or employ or promote or to bar or discharge from employment, any qualified individual because of his disability or use of adaptive devices pro…

(a) An employer shall accommodate a known disability of an employee or applicant for employment unless the employer demonstrates that the accommodations would impose an undue hardship in the conduct or business. (b) This Chapter shall not apply to the employment of any individual…

Unlawful Discrimination. The Department of Labor, hereinafter referred to as "Department" shall have jurisdiction over the subject of employment practices and discrimination over the subject of employment practices and discrimination made unlawful by this Chapter. When it shall a…

An person claiming to be aggrieved by an alleged unlawful employment practice or discrimination, may file with the Department a verified complaint in writing which shall state the name and address of the person, employer, labor organization or employment agency alleged to have co…

After the filing of any accusation, an investigation shall be made and an attempt to eliminate such practice or discrimination shall be made, unless such attempt has previously been made. In case of failure to eliminate such practice or discrimination, or in advance thereof, if i…

Hearings held under the provisions of this Chapter shall be conducted in accordance with the Administrative Adjudication Law. SOURCE: GC § 56024.

Show Rights of Appeal. If the Department finds that a respondent has engaged in any unlawful employment practice or discrimination as defined in this Chapter, the Department shall state its findings of fact and shall issue and cause to be served on such respondent an order requir…

The Department shall make such rules and regulations, not inconsistent with this Chapter, as in the judgment of the Department seem appropriate for the carrying out of the provision of this Chapter and for the efficient administration thereof, such rules to be issued and promulga…

Nothing contained in this Chapter shall be construed to conflict with the laws relating to child labor, not to prohibit the establishment and maintenance of bona fide occupational qualifications, nor to prevent the termination or change of the employment of any person who is unab…

COL1242015 Whoever shall intentionally resist, prevent, impede or interfere with the Department or any of its agents or representatives in the performance of duties pursuant to this Chapter, or who shall in any manner intentionally violate an order of the Department, shall be gui…

No court of the Territory of Guam shall have jurisdiction to issue any restraining order or temporary or permanent injunction in a case involving or growing out of a labor dispute, except in strict conformity with the provisions of this Chapter; nor shall any such restraining ord…

COL1242015 In the interpretation of this Chapter and in determining the jurisdiction and authority of the courts of the territory, as such jurisdiction and authority are defined and limited in this Chapter, the public policy of the territory is declared as follows: Under prevaili…

Any undertaking or promise, such as is described in this section, or any other undertaking or promise in conflict with the public policy declared in § 5302, is declared to be contrary to the public policy of the territory, shall not be enforceable in any court of the territory an…

No court of the territory shall have jurisdiction to issue any restraining order or temporary or permanent injunction in any case involving or growing out of any labor dispute to prohibit any person or persons participating or interested in such dispute (as these terms are herein…

No court of the territory shall have jurisdiction to issue a restraining order or temporary or permanent injunction upon the ground that any of the persons participating or interested in a labor dispute constitute or are engaged in an unlawful combination or conspiracy because of…

No officer or member of any association or organization, and no association or organization participating or interested in a labor dispute, shall be held responsible or liable in any court of the territory for the unlawful acts of individual officers, members, or agents except up…

No court of the territory shall have jurisdiction to issue a temporary or permanent injunction in any case involving or growing out of a labor dispute, as defined in this Chapter, except after hearing the testimony of witnesses in open court (with opportunity for cross-examinatio…

Settle. No restraining order or injunctive relief shall be granted to any complainant who has failed to comply with any obligation imposed by law which is involved in the labor dispute in question, or who has failed to make every reasonable effort to settle such dispute either by…

No restraining order or temporary or permanent injunction shall be granted in a case involving or growing out of a labor dispute, except on the basis of findings of fact made and filed by the court in the record of the case prior to the issuance of such restraining order or injun…

Whenever the Superior Court of Guam shall issue or deny any temporary injunction in a case involving or growing out of a labor dispute, the court shall, upon the request of any party to the proceedings and on his filing the usual bond for costs, forthwith certify as in ordinary c…

In all cases arising under this Chapter in which a person shall be charged with contempt in a court of the territory, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the territory; provided, that this right shall not apply to contempt commit…

The defendant in any proceeding for contempt of court may file with the court a demand for the retirement of the judge sitting in the proceeding, if the contempt arises from an attack upon the character or conduct of such judge and if the attack occurred elsewhere than in the pre…

When used in this Chapter, and for the purposes of this Chapter: (a) A case shall be held to involve or to grow out of a labor dispute when the case involves persons who are engaged in the same industry, trade, craft, or occupation; or have direct or indirect interests therein; o…

Jurisdiction Over. (a) When granting appropriate temporary relief or a restraining order, or making and entering a decree enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part an order of the Guam Employment Relations Board, as provided in this …

It shall be unlawful for any person: (a) To recruit, procure, supply, or refer any person for employment in place of an employee involved in a labor dispute in which such person recruiting, procuring, supplying or referring is not directly interested. (b) When involved in a labor…

If any person advertises for, or seeks employees by means of newspapers, posters, letters, radio, television or by means of any employment agency, to work for him or the person for whom he is acting at any shop, plant or establishment, while a strike, lockout, or other labor disp…

Any person, or agent or officer thereof, who violates any of the provisions of this Chapter is guilty of a misdemeanor. COL1242015 SOURCE: GC § 56052. Amended by P.L. 13-187:253. ---------- COL1242015 COL1242015

As used in this Chapter: (a) Applicant means any person considered for, or who requests to be considered for, employment by an employer; or, any employee considered for, or who requests to be considered for, another employment position, by the employer. (b) Arrest means being app…

(a) An employer shall not request that a police clearance or a court clearance be provided as part of the application for employment; however, upon a conditional offer, an employer may request an employee provide evidence as to any pending criminal cases or criminal history, in a…

(a) A person claiming to be aggrieved by a violation of this Chapter may file an administrative complaint with the Guam Department of Labor (Department), in accordance with procedures set forth by the Department. (b) The administrative remedies outlined in Subsection (a) of this …

COL11282017 (a) The Guam Department of Labor shall develop administrative rules and regulations in accordance with outlining the procedures by which it will accept, investigate, and adjudicate complaints of Fair Chances Hiring Process Act violations, and the enforcement of provis…

[Repealed, reserved, or text not separately stated.]

COL11282017 (a) A cause of action may not be brought against an employer for negligently hiring or failing to adequately supervise an employee, based on evidence that the employee has a pending criminal case or criminal history. (b) This Section does not preclude a cause of actio…

If any provision of this Act or its application to any person or circumstance is found to be invalid, or contrary to law, such invalidity shall not affect other provisions or applications of this Act that can be given effect without the invalid provision or application, and to th…

This Act shall be effective two hundred ten (210) days after enactment. -------- COL11282017

This Chapter may be cited as the “Employment Service Law.” SOURCE: GC § 44000. COL 2025-12-23

The government of Guam hereby accepts the provisions of the Act of Congress of June 6, 1933, as now in effect or as hereinafter amended, hereinafter referred to as the Wagner-Peyser Act (48 Stat. 113, as amended, 29 U.S.C., 49 et seq.), in conformity with § 4 of said Act, and sha…

There is hereby created as a division of the Department of Labor, the Guam Employment Service, whose function it shall be to establish and maintain free public employment offices in such places and in such manner as may be necessary for the proper and efficient administration of …

The Director of Labor shall appoint, under the Personnel Law and Compensation Law, subject to such additional standards as may be required by the United States Department of labor, a full-time, salaried officer to administer the Guam Employment Service, to be known as the Adminis…

The Director of Labor shall cooperate with any authority of the United States having powers or duties under the Wagner-Peyser Act or under any subsequent Acts of Congress further amending that Act or relating to the promotion and maintenance of a system of free public employment …

All information obtained by the Service from workers, employers, applicants or other persons in the course of administering this Chapter shall be used solely for the purpose of such administration and shall not be disclosed directly or indirectly for other purposes except in acco…

There is hereby established a special fund called the Employment Service Fund, hereinafter called “the Fund,” which shall be maintained separate and apart from any other funds of the government of Guam, and independent records and accounts shall be maintained in connection therew…

The Fund shall consist of all monies appropriated by the government of Guam or by the United States of America, or any agency thereof, or received from any other source for the administration of this Chapter; all monies received from the United States Government or any agency the…

All monies in the Fund shall be deposited, administered, and disbursed in the same manner and under the same conditions and requirements as is provided by Title 5, Guam Code Annotated, for other special funds of the government of Guam, except that monies in this fund shall not be…

All monies in the Fund shall be secured by the holding depositary in the manner and to extent required by § 21114 of Title 4 Guam Code Annotated, and shall be maintained in a separate custody account. The Treasurer of Guam shall be liable on his official bond for the faithful per…

If any monies received by Guam pursuant to the provisions of the Wagner-Peyser Act are found by the United States Secretary of Labor to have been lost or to have been expended for purposes other than or in amounts in excess of those found necessary by the United States Secretary …

The Guam Employment Service, in certifying to the U.S. Immigration and Naturalization Service the eligibility of construction contractors to import non-immigrant alien contract labor under the quota given Guam pursuant to its rehabilitation program, shall divide the quota among a…

All persons in Guam recruiting, importing, or hiring non-immigrant alien contract laborers under the Defense H-1, H-2, H-3, E-1, E-2 or L-1 Immigration programs shall pay all salaries for services rendered in Guam directly to the non-immigrant alien contract worker and all such s…