(a) Departments and agencies of the government of Guam shall adopt departmental rules and regulations for the hiring of

individuals with severe disabilities. Such rules shall include the granting of preference credits allowed under 4 Guam Code Ann. § 4104.

(1) Eligibility Procedures. An individual with severe disability as defined in the Rehabilitation Act to mean an individual with severe physical or mental impairment whose ability to function independently in the family or community or whose ability to obtain, maintain or advance in employment is substantially limited and for whom the delivery of independent living services will improve the ability to function, continue functioning, or move towards functioning independently in the family or community or to continue in employment, respectively. He/she is considered to meet the two percent (2%) employment program eligibility criteria when an appropriate certification is received from a counselor from the Division of Vocational Rehabilitation (‘DVR’). This certification will be based on knowledge of the jobsite by the counselor and will relate to a specific position. The certification must state that in the counselor’s judgment the proposed applicant for the position has the ability to perform the duties of the position with or without assistive technology devices and is capable to perform the work without possible injury to himself/herself or to others.

(2) The Certification must be supported by a report of a medical examination that fully reflects the nature and extent of the disability and a narrative statement from a Guam-licensed medical provider that documents:

(A) ability of the proposed applicant to do the job, based on the recommended need for a job coach;

(B) recommendations of job modifications, if needed;

(C) recommendations for work-site modifications, if needed;

(D) limitations of the proposed applicant which would affect work in the job situation (modified work schedules, flexible leave policies, acquisition or modification of equipment and/or devices);

(E) other information concerning the proposed applicant which would be helpful in assuring a successful placement.

(b) Government of Guam departments and/or agencies shall employ at least two percent (2%) of the workforce with severe disabilities, meeting the criteria as defined by local or Federal agencies and certified by a counselor from the Division of Vocational Rehabilitation (‘DVR’). Government of Guam departments and/or agencies may meet such requirement through direct employment, or by contract with non-profit organizations employing individuals with disabilities.

Non-profit organizations contracted under this Provision shall be required to have the contracted services performed by individuals with disabilities who meet the criteria contained herein. Such employment shall be on a temporary, limited-term employment not to exceed six (6) months. The immediate supervisor shall complete an evaluation of the individual’s performance, and if the immediate supervisor, with the concurrence of the appointing authority, determines that the individual has performed satisfactorily either prior to or after the expiration of the six (6) month period, the position occupied by the individual shall be converted to permanent employment.

If the evaluation recommends that the individual may require an extension of the employment program, the immediate supervisor and the counselor at DVR shall develop a revised Individual Work Rehabilitation Plan (‘IWRP’) to assure successful placement not to exceed an additional six (6) months, which may include consideration of a department or agency acquisition, or modification of assistive technology devices or services, or placement to other positions in another agency/department within the government of Guam. DVR shall provide a work coach to assist the department and/or agency when necessary. DVR shall be responsible to monitor compliance by the departments and/or agencies.

(c) Government of Guam departments and/or agencies shall consult with the Administrator of the Division of Vocational Rehabilitation to advise them of which individuals with severe disabilities meet the eligibility criteria. The Division of VocationalRehabilitation shall maintain a listing of those individuals and their capabilities for reference by the department and/or agency. For the government of Guam departments and/or agencies who meet the requirement by contract with non-profit organizations, the Division of Vocational Rehabilitation must first certify that such non-profit organizations employing individuals with disabilities meet the eligibility criteria herein.

(d) Government of Guam departments and/or agencies cannot use standards, criteria or other methods of administration have the effect of discrimination on the basis of disability, may not use employment tests or other selection criteria that tend to screen out individuals with disabilities unless the test is related to the job and consistent with government needs, must select and administer employment to individuals with severe disabilities so that they accurately reflect the skills, aptitude and other features they purport to measure.

(e) Government of Guam departments and/or agencies should provide reasonable accommodations to an individual with severe disabilities:

(1) making existing facilities used by employees readily accessible to persons with disabilities; and

(2) job restructuring; flexible work schedules; acquisition or modifications of equipment or devices; modification of examinations; training materials or policies; and similar accommodations for individuals with severe disabilities.

(f) Provisions of this Section shall only apply to all new applicants certified under the two percent (2%) employment program and those individuals presently participating in of the seven hundred (700) hour program upon enactment of this Act.

SOURCE: Subsections (a)(i), (b) and (f) amended by P.L. 24-252. Subsections (b) and (c) amended by P.L. 26-109:2 and 3.

NOTE: P.L. 25-109 added the following sections (uncodified) relative to staffing and funding the positions referred to in the amendments to this section:

“”Section 4. The implementation of this provision shall not be affected by current and future contract hiring restrictions of the government of Guam and its departments and/or agencies.
Section 5. Funding. (a) Government of Guam departments and/or agencies shall reserve enough funding from their budget in order to fund the requirement set forth under ‘ 41210(b) of Title 17 of the Guam Code Annotated.

(b) If government of Guam departments and/or agencies are unable to employ the requirement pursuant to ‘
41210(b) of Title 17 of the Guam Code Annotated, due to the lack of individuals with disabilities who are able to work, the
reserved fund shall be utilized for the purchases of supplies
produced by non-profit organizations employing individuals with disabilities and/or products manufactured by individuals
with disabilities.””

NOTE: Pursuant the authority granted by 1 Guam Code Ann. § 1606, numbers and/or letters were altered to adhere to the Compiler’s alpha-numeric scheme.