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 employment because of race, sex (including gender identity or expression), age, religion, color, honorably discharged veteran and military status, sexual orientation, or ancestry;

(b) For any employment agency to fail or refuse to refer or employ, or to classify or otherwise to discriminate against any individual because of race, sex (including gender identity or expression), age, religion, color, honorably discharged veteran and military status, sexual orientation, or ancestry;

(c) For any employer or employment agency to print, circulate or cause to be printed or circulated any statement, advertisement or publication or to use any form of application for employment or to make any inquiry in connection with prospective employment, which

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expresses, directly or indirectly, any limitation, specification or discrimination as to race, sex (including gender identity or expression), age, religion, color, honorably discharged veteran and military status, sexual orientation, or ancestry, unless based on a bona fide occupational qualification. All employers or employment agencies shall have up to six (6) months to modify personnel forms and policies to come into compliance with the changes to the Guam Code contained in this Act;

(d) For any labor organization to exclude or expel from its membership any person or to discriminate in any way against any of its members, employer or employees because of race, sex (including gender identity or expression), age, religion, color, honorably discharged veteran and military status, sexual orientation, or ancestry;

(e) For any employer, labor organization or employment agency to discharge, expel, or otherwise discriminate against any person because he has opposed any practice forbidden by this Chapter, or because he has filed a complaint, testified or assisted in any proceeding respecting the employment practices and discrimination prohibited under this Chapter.

(f) For any person whether an employer, employee or not, to aid, abet, incite, compel or coerce the doing of any of the practices forbidden by this Chapter, or to attempt to do so.

(g) for any employer, labor organization or employment agency to require any person to become or remain a member of any labor union or labor organization as a condition of employment or continuation of employment, or to require a person to abstain or refrain from membership in any labor union or labor organization as a condition of employment or continuation of employment, or to require any person to pay dues, fees or other charges of any kind to any labor union or labor organization as a condition of employment.

(h) For any employer to use the circumstances of an individual’s credit history as a reason for denial of employment, or as a reason for termination of employment, unless the circumstances are substantially related to the requirements of a particular job or licensed activity. An employer may request a credit history background check as part of the application process where it is shown to be directly related to the

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position sought by the applicant under at least one of the following circumstances:

(1) the position requires bonding or other security under state or federal law for an individual holding the position;

(2) the position is managerial and involves setting the direction or control of the business;

(3) the position meets criteria in specified federal or state administrative rules to establish the circumstances when a credit history is a bona fide occupational requirement;

(4) the duties of the position involve access to customers’, employees’, or the employer’s personal or financial information other than information customarily provided in a retail transaction;

(5) the duties of the position involve a fiduciary responsibility to the employer; or

(6) the position includes an expense account.

Any employer who chooses, consistent with this Subsection, to use an individual’s credit history as a part of the hiring process, or an individual’s credit history as part of the retention process, shall disclose this fact to the individual, and shall obtain written consent from the individual prior to requesting a credit history background check. The employer shall follow all of the legal rules set out in the federal Fair Credit Reporting Act for any subsequent determination(s) or action(s) taken as a result of information contained in an individual’s credit history background check. For the purposes of this Subsection, the term “”fiduciary responsibility”” shall refer to a relationship in which an employee has a responsibility of care for the property or funds of the employer or its customers.

SOURCE: GC § 56020. Subsection (g) added by P.L. 25-125:3 (May 15, 2000). Subsection (h) added by P.L. 33-035:2 (June 10, 2015). Subsections (a) – (d) amended by P.L. 33-064:2 (Aug. 25, 2015).

2015 NOTE: P.L. 33-064:5 and 6 (Aug. 25, 2015) sets forth a religious exemption, codified at 1 Guam Code Ann. § 715, to the amendments to subsections (a), (b), (c), and (d) pursuant to P.L. 33-064:2.