Fair Employment Practice Agency (FEPA)
The public policy of the territorial government of Guam is 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.
A. Assist private sector employers and employees on allegations of employment discriminations through discussions of infractions.
B. Assist employers to know their legal responsibilities at the workplace to reduce or avoid any form of discrimination.
Executive Order Number 83-010 established the Fair Employment Practice Division within the Guam Department of Labor on April 1, 1983. Such authority vested in the Division is reiterated in Title 22, Guam Code Annotated, Division 1, Chapters 3 and 5.
The Guam Department of Labor (GDOL) was established under Public Law 9-238. The GDOL has the Fair Employment Practice Office which administers and enforces the provisions of Public Law 9-254, to include Fair Labor Standards under Title 22 GCA, Chapters 3 and 5 relative to unlawful employment practices, and the Guam Employment Relations Act.
A Work-Sharing Agreement was executed on October 28, 2008, with Contract Number EECCN080145, between the U.S. Equal Employment Opportunity Commission and the Government of Guam with the following features:
- Designates Government of Guam’s Department of Labor as Fair Employment Practice Agency (FEPA).
- FEPA has jurisdiction over allegations of discrimination filed against employers by employees within the Territory of Guam.
- Discrimination Charges filed at FEPA are dual filed with EEOC, Los Angeles District Office.
- EEOC and FEPA have authority to receive, initiate and investigate charges of discrimination filed against employers on the basis of race, sex, religion, national origin, color, age, disability, genetic information, and retaliation.
- EEOC and FEPA’s roles in an investigation are to fairly and accurately evaluate the charge allegations in light of all the evidence obtained.
- Statutes Enforced by EEOC and FEPA:
- Title VII of the Civil Rights Act of 1964
- Age Discrimination in Employment Act
- Equal Pay Act
- Americans with Disabilities Act
- Genetic Information Non-Discrimination Act