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(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 limits one or more major life activities;

(2) has a history of, or has been classified as having an impairment which substantially limits one or more major life activities;

(3) has a physical or mental impairment that does not substantially limit major life activities but that is treated by others as constituting such a limitation; or

(4) has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others as having such an impairment.

(c) Discriminate or discrimination means to segregate or unreasonably differentiate in treatment, whether intended or unintended, or to act in a manner fair in form but discriminatory in operation based upon disability or use of adaptive devices.

(d) Major life activities means functions such as, but not limited to, caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

(e) Physical or mental impairment means:

(1) any physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive genito-urinary, hemic and lymphatic, skin and endocrine; or

(2) any mental or physiological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness and specific learning disabilities.

(f) Use of adaptive device means the utilization of any item to compensate for a physical or mental impairment, including but not

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limited to, braces or other supports, wheel chairs, talking boards, hearing aids, corrective lenses or seeing eye dogs.

(g) Qualified individual means an individual who can perform the essential functions of the job in question. As applied to a disabled individual, qualified individual means an individual who, with reasonable accommodation, can perform the essential functions of the job in question. Receipt or alleged receipt of treatment for a disability, whether physical or mental shall not constitute evidence of a person’s inability to perform the essential functions of a particular job or position. In addition, uninsurability or increased cost of insurance under a group or employee insurance plan does not render a disabled person unqualified.

If a disabled person is qualified to perform a particular occupation by reason of training or experience, the nature of that occupation shall not be the basis for exception to the unfair or discriminatory practices prohibited by this Section.

(h) Sexual orientation means having a preference for heterosexuality, homosexuality, or bisexuality, having a history of any one or more of these preferences, or being identified with any one or more of these preferences.

(i) Gender identity or expression means a person’s actual or perceived gender, as well as a person’s gender identity, gender-related self-image, gender-related appearance, or gender-related expression, regardless of whether that gender identity, gender-related self-image, gender-related appearance, or gender-related expression is different from that traditionally associated with the person’s sex at birth.

(j) Veteran and military status means a person’s status on active duty in or status as a veteran of the armed forces of the United States, status as a current member or veteran of any reserve component of the armed forces of the United States, including the United States Army Reserve, United States Marine Corps Reserve, United States Navy Reserve, United States Air Force Reserve, and United States Coast Guard Reserve, or status as a current member or veteran of the Guam National Guard.

SOURCE: GC § 56020.1. Added by P.L. 17-45:1 (Jan. 18, 1984). Subsection (h) – (j)
added by P.L. 33-064:3 (Aug. 25, 2015).

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2015 NOTE: P.L. 33-054:5 and 6 (Aug. 25, 2015) sets forth a religious exemption, codified at 1 Guam Code Ann. § 715, to subsections (h), (i), and (j) added pursuant to P.L. 33-
054:3.

§ 5203. Discriminatory Practices Against Disabled Persons Made
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 provided that an employer may refuse to hire an individual for good cause relating to the ability of the individual to perform the work in question;

(b) For an employer to discriminate against any individual in compensation or in the terms, conditions or privileges of employment because of disability or use of adaptive devices;

(c) For an 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 expresses, directly or indirectly, any limitation, specification or discrimination as to disability or use of adaptive devices, unless based on a bona fide occupational qualification;

(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 disability or use of adaptive devices;

(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 practice and discrimination prohibited under this Chapter; and

(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 attempt to do so.

SOURCE: GC § 56020.2. Added by P.L. 17-45:2.

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