Guam DOL Urges Local Employers to Adhere to Fair Chances Hiring Process Act

The Guam Department of Labor is reminding employers to update and align their policies with the Fair Chances Hiring Process Act, the law aimed at ensuring fair employment opportunities for individuals with criminal records.

The FCHPA, which has been in effect for nearly six years, mandates that employers with more than 15 employees follow strict guidelines concerning the use of arrest and conviction records in hiring decisions. Additionally, employers are required to prominently display signage about the FCHPA at the workplace.

GDOL officials said that out of 142 employers inspected over the last five years, approximately 47% were found to be non-compliant with the FCHPA. The majority of violations, about 55%, were related to the failure to display FCHPA signage, while 19% were cited for non-compliance with advertising requirements. Another 18% continued to request police and court clearances during the application process. Some citations were also issued for documentation, procedures, and withdrawal of conditional job offers.

David Dell’Isola, director of GDOL, said the law "was designed to give everyone a fair chance at getting a job right from the start, regardless of your criminal record." According to the law, it is illegal to ask a job applicant for their court or police clearance before a job offer is made. The director said doing so may hurt an individual's chance of getting hired. 


GDOL is committed to working with non-compliant employers and will consider penalties such as training, retraining, and written warnings before imposing monetary fines. Under the FCHPA, fines can range from $1,000 to $4,000 per violation based on the size of the employer.

Employers and employees seeking information about their rights and responsibilities, as well as how to file a complaint, can visit the GDOL website at https://dol.guam.gov/compliance/fepd/. The required FCHPA poster for display at workplaces with 15 or more employees is also available on the website.

For additional information or inquiries, individuals can contact GDOL’s Fair Employment Process Division at 671-300-4544. mbj