Definitions

As used in this Chapter:

(a)Applicant means any person considered for, or who requests to be considered for, employment by an employer; or, any employee considered for, or who requests to be considered for, another employment position, by the employer.

(b)Arrest means being apprehended, detained, taken into custody, held for investigation, or restrained by a law enforcement agency due to an accusation or suspicion that a person committed a crime.

(c)Conditional offer of employment means an oral or written offer by an employer to employ an individual in a job, or placement in a staffing agency’s staffing pool, that is conditioned solely on the employer’s evaluation of the individual’s criminal history.

(d)Criminal history means any conviction, plea of nolo contendere, or deferred adjudication arising from felony criminal accusation, or any misdemeanor criminal accusation, made under COL11282017 CH. 6 FAIR CHANCES HIRING PROCESS ACT local or federal law, or a comparable law of a state of the United States. This does not include dismissed, expunged, or sealed cases.

(e)Employer means any person, company, corporation, general contractor, firm, labor organization, or association, including the government of Guam, that employs more than fifteen

(15)employees in Guam.

(f)Employment means any occupation, vocation, job, or work for pay, including temporary or seasonal work, contracted work, contingent work, and work through the services of a temporary or other employment agency; or, any form of vocational or educational training with pay, where the physical location of the employment is in whole or in substantial part, within Guam.

(g)Inquiry means any direct or indirect conduct intended to gather criminal history information from or about the applicant, candidate, or employee, using any method, including application forms, interviews, and criminal history or background checks.

(h)Interview means any direct contact by the employer with the applicant in person, or by telephone or video-teleconferencing, to discuss the employment being sought or the applicant’s qualifications.