(a) (1) Employment in the service of the government of Guam shall be based upon merit, and selection and promotion of employees shall be free of personal or political consideration.

(A) No person shall be discriminated against in an application for employment or promotion or dismissedfrom employment on account of honorably discharged veteran and military status, sexual orientation, race, color, age, religion, sex (including gender identity or expression), national origin, or physical or mental impairment.

(B) No person shall be discriminated against in an application for employment or promotion or dismissed from employment because of the country where the college or university from which he received any degree or training is located.

(C) All personnel actions, including appointments and promotions, shall be based, insofar as practicable, on competitive practical tests and evaluations.

(D) Continuity of employment shall be dependent upon good behavior, satisfactory performance and availability of funds.

(2) For the purpose of this Section, the terms sexual orientation, gender identity or expression, and veteran and military status are defined in § 5202 of Article 2, Chapter 5,
22 Guam Code Ann..

(b) (1) The Government shall initiate an Affirmative Action Program to assure that physically and mentally handicapped persons shall have an opportunity to obtain government employment.

(2) The affirmative action program shall include job training programs for the handicapped and a continuing review of job and work requirements by the personnel agencies and the Director of Administration to assure no artificial impediments or discriminatory physical or mental requirements be established to thwart job applications submitted by handicapped persons.

(c) (1) All new employment in the service of the government of Guam shall have, as a reasonable measure of job performance, the minimum requirement of a high school diploma or a successful completion of a General Education Development (GED) test or any equivalent of a general
education high school program, apprenticeship program or successful completion of certification program, from a recognized, accredited or certified vocational technical institution, in a specialized field required for the job.

(A) For entry-level positions, a formal nationally recognized foundational skills assessment shall be required for consideration for employment.

(B) For government of Guam positions in which basic employment requirements are set forth by the U.S. Federal Government, a formal nationally recognized foundational skills assessment is preferred.

(C) Positions in which a formal nationally recognized foundational skills assessment is preferred include, but are not limited to, all entry level positions, law enforcement positions, positions that deal with public safety, and other new employment positions identified and deemed necessary by the Director.

(D) The Director shall implement rules and regulations that are aligned with local and federal employment laws.

(2) This Subsection shall not be applicable to the Summer Youth Employment, and any person with a disability which prevents him or her from complying with this Section consistent with the Americans with Disabilities Act, or its successor laws.

SOURCE: Added by P.L. 16-023 (Aug. 11, 1981). Subsection (a)
amended by P.L. 28-112:2 (April 14, 2006), P.L. 29-019:VI:67 (Sept. 29,
2007), and P.L. 33-064:4 (Aug. 25, 2015). Subsection (b) amended by P.L.
28-068:IV:33 (Sept. 30, 2005) (eff. Jan. 1, 2006). Subsection (c) added by
P.L. 26-087:2 (effective May 18, 2002); amended by P.L. 27-061:1 (Dec.
22, 2003), P.L. 29-100:2 (July 22, 2008), P.L. 29-113:VI:36 (Sept. 30,
2008), P.L. 31-254:2 (Dec. 11, 2012).

2018 NOTE: Subsection/subitem designations added/altered pursuant to authority granted by 1 Guam Code Ann. § 1606.

2016 NOTE: Subitem designations were added to adhere to the Compiler’s codification and alpha-numeric schemes pursuant to authority granted by 1 Guam Code Ann. § 1606.

2015 NOTE: P.L. 33-054:5 and 6 (Aug. 25, 2015) sets forth a religious exemption, codified at 1 Guam Code Ann. § 715, to the amendment to subsection (a) pursuant to P.L. 33-054:4.

2013 NOTE: Pursuant to P.L. 31-254:3 (Dec. 11, 2012), the Department of Administration was required to implement amendments to Subsection (c) by December 11, 2013.