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Statement of Policy

It is the public policy of the territorial government of Guam to protect and safeguard the civil rights of all individuals to seek, have access to, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex and/or age. Employment practices should treat all individuals equally, evaluating each individual only on the basis of bona fide occupational qualification, unless pursuant to permissible defense as enumerated in the law.

Executive Order Number 83-010 took effect on April 1, 1983 and established the Fair Employment Practice Division within the Guam Department of Labor. Such authority vested in the division is reiterated in Title 22, Guam Code Annotated, Division 1, chapters 3 and 5.

Sometimes employment practices are unfair, but not illegal. If you answer, “YES” to any of the following listed reasons, you probably have a basis for filing a charge with the Fair Employment Practice Division. Generally a charge must be filed within 90 days of the date the alleged act of discrimination occurred. (180 days if you decide to file with the Equal Employment Opportunity Commission, EEOC, in Hawaii).

We can only address charges of illegal discrimination. This means that the unfair treatment you claim to have received must have happened because of one or more of the following reasons:

        1. Your Race
        2. Your Color
        3. Your Sex
        4. Your National Origin or Ancestry
        5. Your Religious Beliefs
        6. Your Age (if you are age 40 or over)
        7. Your Pregnancy
        8. Your Disability
        9. Retaliation for the following:
              
           * Because you opposed an act violating one of the laws enforced by the Government of Guam, Department of Labor.
           * Because you participated in any way in an investigation or proceeding conducted by the Fair Employment Practice Division
              or
           * Because you associated with someone protected by one of the laws enforced by the Government of Guam, Department of  Labor.

UNFAIR TREATMENT THAT IS NOT DUE TO ONE OR MORE OF THE ABOVE REASONS IS NOT HANDLED BY THE FAIR EMPLOYMENT PRACTICE DIVISION, GUAM DEPARTMENT OF LABOR.

If you believe that the action taken against you was based on one or more of the above reasons, please be prepared to explain to the FEPA staff how you were discriminated against and who was treated better than yourself. If you not sure if the employment practice is legal, you may inquire by completing the pre-charge interview form and forwarding it to 9242a71f90ca5153c467f15cee6e9225 or, if you prefer, write your inquiry and send it to the same e-mail. You may also visit the Fair Employment Practice Division on the third floor of the GCIC building in Hagatna. All information you provide is strictly confidential.

Click here to view or download the Pre-Charge Interview Form.

For more information call the Fair Employment Practice Division at (671) 475-9177.

George San Nicolas, MPA
Fair Employment Practice Officer



 
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