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CFJ's Gutierrez on Guam's Fair Chances Hiring Process Act

CFJ's Dana Gutierrez authored an article for the Marianas Business Journal on October 15, Guam's Fair Chances Hiring Process Act is upon us.  Dana is Of Counsel with CFJ and vice-president of legislative affairs for the Society of Human Resources and Management (SHRM) Guam Chapter. 

According to the article, "On July 13, 2017, the Guam Fair Chances Hiring Process Act was signed into law as Public Law 34-22. The FCHPA delays an employer’s ability to ask about an applicant’s criminal history until later in the hiring screening process — after the extension of a conditional offer of employment. The delay is intended to prevent employers from relying on an applicant’s criminal history as grounds for disqualification at the initial hiring stage. By eliminating preliminary barriers to employment, the FCHPA aims to reintegrate individuals with criminal histories back into the workforce. The FCHPA became effective on Feb. 8, 2018."

Dana concludes: "Recently, the Guam Legislature approved the final version of the FCHPA Rules and Regulations. The FCHPA Rules became effective on July 26. The FCHPA Rules set forth how the Guam Department of Labor will implement and enforce provisions of the FCHPA. In addition, as employers covered by the FCHPA are required to post notice of the FCHPA in a conspicuous location in the workplace, the GDOL has prepared a FCHPA Compliance Poster for employers to use. The FCHPA Rules and Compliance Poster are available on the GDOL website. Representatives from the GDOL will present the approved FCHPA Rules and Compliance Poster at the Nov. 7 SHRM Guam breakfast briefing."

Full text of the article is available to subscribers on the Marianas Business Journal website here.