January 17, 2024
Nearly Half of Employers Inspected Still Non-compliant with Fair Chances Hiring Process Act
Hagåtña, Guam – The Guam Department of Labor (GDOL) is reminding employers to uphold the requirements of the Fair Chances Hiring Process Act (FCHPA), a law that requires employers with more than 15 employees to follow strict rules regarding the use of arrest and conviction records in their hiring and employment decisions. It also requires employers to post signage about the FCHPA in a conspicuous area at the workplace.
Based on data collected from the last five years, of the 142 employers who were inspected, approximately 47% were found to be non-compliant. A majority of the employers, or 55%, were cited for failing to display the FCHPA signage at their workplace, 19% did not comply with advertising requirements, and 18% continued to seek police and court clearances during the application process. A small number of citations were issued related to documentation, procedures, and withdrawal of conditional job offers.
“The Fair Chances Hiring Process law was designed to give everyone a fair chance at getting a job right from the start, regardless of your criminal record. It is against the law to ask a job applicant for their court or police clearance before a job offer is made; doing so may hurt their chances of getting hired,” said GDOL Director David Dell’Isola. “This law went into effect nearly six years ago and despite our efforts to educate the business community and community at large, it’s clear based on the data that many are still unaware of their employment rights.”
GDOL is determined to work with employers found to be in violation of the FCHPA and will consider penalties that include training, retraining, and written warnings before issuing monetary fines. Under the FCHPA, fines may include:
- Employers with 16 to 30 employees: up to $1,000 per violation
- Employers with 31 to 99 employees: up to $2,000 per violation
- Employers with 100 or more employees, or any Government of Guam agency: up to $4,000 per violation
Information about employer and employee rights and responsibilities, as well as how to file a complaint, can be found online at https://dol.guam.gov/compliance/fepd/. The FCHPA poster required to be displayed at every place of business with 15 or more employees can also be found at the above website.
For more information or inquiries, please contact GDOL’s Fair Employment Process Division at 671-300-4544.