Guam is taking a major step to protect working mothers.  A new bill in the legislature formally adopts rules to enforce the Pregnant Workers Fairness Act, ensuring that expectant workers receive reasonable accommodations and are shielded from workplace discrimination.

Introduced by senators Telo Taitague and Sabina Perez, Bill 210 aims to formally codify and finalize the procedures needed to allow the Guam Department of Labor to fully implement and enforce Act, originally passed in 2022. “With Bill 210-38, we have the means to follow through on our commitment to supporting working mothers and families and ensuring that they are treated with dignity and fairness in the workplace," Taitague detailed.

Although the law has existed for three years, DOL director David Dell’isola said enforcement has been limited because his agency's rules and regulations were not finalized. "On November 20, 2023, the Guam Department of Labor held a public hearing to receive input from general public prior to the finalization of the draft administrative rules," he explained. "However, no one was in attendance and no written testimony was received.”

“We believe that the draft rules are sufficient to enable the fair and equitable implementation of the PWFA statute for both employers and pregnant workers who may need accommodation while they work through the often difficult period of pregnancy and childbirth."

From the Fair Employment Practice Division, Jeff Sablan said he’s glad the cause is finally being pushed forward, noting, “Thank you for pushing this forward and having us do our due diligence in terms of making sure that we go out there, exercise, and execute this vital act for all pregnant women working on island – to ensure that they have sound protections in terms of our jurisdiction.”

Under the new rules, employers must provide reasonable accommodations for pregnancy or childbirth-related conditions, unless doing so creates an undue hardship on operations. They cannot require an employee to take leave if other adjustments are possible and may not retaliate against employees who request accommodations.

Workers must provide medical documentation to support their requests.

In the event an employer exhibits unlawful practice under this act, the Department of Labor can order remedies such as reinstatement, promotion, or back pay. Employers are also required to post FEPD-approved notices, and penalties for violations range from $1,000 for a first offense to up to $2,000 for repeated violations.  The rules allow for appeals and set a clear, fair process for both employees and employers.

With the adoption of these rules and more, Guam’s pregnant workers fairness act moves from a symbolic law to a fully functioning system. 

If the measure passes during session, pregnant workers will be able to rely on concrete protections in the workplace, and employers will have a clear framework for compliance – a significant step forward in fairness, equity, and accountability for the people.