GDOL to enforce law protecting pregnant workers rights

The Guam Department of Labor (GDOL) is preparing to enforce a law that offers protections for pregnant workers at their job sites. It requires employers to provide reasonable accommodations related to an employee's limitations due to pregnancy, childbirth or related conditions.

GDOL is still waiting on the adoption of final rules and regulations, but has put employers on notice that it intends to enforce the law soon.

It was actually passed in November 2022, and was supposed to take effect this past November.

Companies are required to make reasonable accommodations related to pregnancy and childbirth unless they can demonstrate it would  impose an undue hardship on business operations.

Under the law, employers for example can't deny employment opportunities, force employees to take leave, or take adverse action because of a reasonable accommodation request. GDOL is urging companies to prepare now for the eventual implementation.

Yolie Padrones is President and Attorney Vince Camacho is President-elect of the Society for Human Resources Management, Guam chapter.

Padrones said, “This law helps broaden our understanding of accommodations in the workplace. There are other laws that help protect employees who are pregnant which is EEOC Title 7-88. This really just has a hyper focus on what kind of accommodations for both employees and applicants.”

Camacho added, “I think this is a welcome law not that we had any real issues with pregnancy discrimination in Guam in the past. But it does like Yolie says, sort of solidifies the parameters for employers and employees as well.” 

“One of the things that shrm plans on doing and we've been in communication with the fair employment practices office is we plan to do a breakfast briefing to educate all of our employers and members on what those regulations and rules are so that we can ensure that our employers are complying with the law,” Padrones said. 

Proposed fines include $1,000 for the first offense, and no more than $2,000 for subsequent offenses. 

For more information contact GDOL’s Fair Employment Practice Division.