Guam § 5201 - Discriminatory Practices Made Unlawful; Offenses Defined.
Full text of Guam Guam Code Annotated § 5201 — Discriminatory Practices Made Unlawful; Offenses Defined., with citation guidance and answers to common questions.
§ 5201. Discriminatory Practices Made Unlawful; Offenses Defined.
It shall be an unlawful employment practice or unlawful discrimination:
(a) For any employer to refuse to hire or employ or to bar or
discharge from employment, or otherwise to discriminate against any
individual in compensation or in the terms, conditions, or privileges of
employment because of race, sex (including gender identity or
expression), age, religion, color, honorably discharged veteran and
military status, sexual orientation, or ancestry;
(b) For any employment agency to fail or refuse to refer or
employ, or to classify or otherwise to discriminate against any
individual because of race, sex (including gender identity or
expression), age, religion, color, honorably discharged veteran and
military status, sexual orientation, or ancestry;
(c) For any employer or employment agency to print, circulate or
cause to be printed or circulated any statement, advertisement or
publication or to use any form of application for employment or to
make any inquiry in connection with prospective employment, which
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expresses, directly or indirectly, any limitation, specification or
discrimination as to race, sex (including gender identity or expression),
age, religion, color, honorably discharged veteran and military status,
sexual orientation, or ancestry, unless based on a bona fide
occupational qualification. All employers or employment agencies
shall have up to six (6) months to modify personnel forms and policies
to come into compliance with the changes to the Guam Code contained
in this Act;
(d) For any labor organization to exclude or expel from its
membership any person or to discriminate in any way against any of its
members, employer or employees because of race, sex (including
gender identity or expression), age, religion, color, honorably
discharged veteran and military status, sexual orientation, or ancestry;
(e) For any employer, labor organization or employment agency to
discharge, expel, or otherwise discriminate against any person because
he has opposed any practice forbidden by this Chapter, or because he
has filed a complaint, testified or assisted in any proceeding respecting
the employment practices and discrimination prohibited under this
Chapter.
(f) For any person whether an employer, employee or not, to aid,
abet, incite, compel or coerce the doing of any of the practices
forbidden by this Chapter, or to attempt to do so.
(g) for any employer, labor organization or employment agency to
require any person to become or remain a member of any labor union or
labor organization as a condition of employment or continuation of
employment, or to require a person to abstain or refrain from
membership in any labor union or labor organization as a condition of
employment or continuation of employment, or to require any person to
pay dues, fees or other charges of any kind to any labor union or labor
organization as a condition of employment.
(h) For any employer to use the circumstances of an individual’s
credit history as a reason for denial of employment, or as a reason for
termination of employment, unless the circumstances are substantially
related to the requirements of a particular job or licensed activity. An
employer may request a credit history background check as part of the
application process where it is shown to be directly related to the
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position sought by the applicant under at least one of the following
circumstances:
(1) the position requires bonding or other security under state
or federal law for an individual holding the position;
(2) the position is managerial and involves setting the
direction or control of the business;
(3) the position meets criteria in specified federal or state
administrative rules to establish the circumstances when a credit
history is a bona fide occupational requirement;
(4) the duties of the position involve access to customers’,
employees’, or the employer’s personal or financial information
other than information customarily provided in a retail transaction;
(5) the duties of the position involve a fiduciary responsibility
to the employer; or
(6) the position includes an expense account.
Any employer who chooses, consistent with this Subsection, to use an
individual’s credit history as a part of the hiring process, or an
individual’s credit history as part of the retention process, shall disclose
this fact to the individual, and shall obtain written consent from the
individual prior to requesting a credit history background check. The
employer shall follow all of the legal rules set out in the federal Fair
Credit Reporting Act for any subsequent determination(s) or action(s)
taken as a result of information contained in an individual’s credit
history background check. For the purposes of this Subsection, the term
“fiduciary responsibility” shall refer to a relationship in which an
employee has a responsibility of care for the property or funds of the
employer or its customers.
Source: official Guam text · Last verified 2026-08-27
Frequently Asked Questions About Guam § 5201
What does Guam Code Annotated § 5201 cover?
Section 5201 ("Discriminatory Practices Made Unlawful; Offenses Defined.") is part of the Guam Code Annotated, the codified statutory law of Guam. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Guam § 5201?
A common citation format is "Guam Code Annotated § 5201" (Guam). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Guam law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Guam official source linked on this page or consult a licensed Guam attorney.
How does Guam § 5201 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Guam can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Guam.