Although Guam’s Pregnant Workers Fairness Act became law three years ago, the rules and regulations governing the act and outlining enforcement are being decided by the legislature now.
The act prohibits employers who have 15 or more workers from discriminating against employees whose ability to perform a job is limited by pregnancy, childbirth or a related medical condition.
On Wednesday, senators held a hearing on Bill 210-38, which describes the steps workers must take to file a complaint against their employers, how those complaints will be handled and the rights of workers and businesses under the law.
Officials from the Guam Department of Labor testified in favor of the bill, and Sen. Telo Taitague suggested that the protections covering pregnant women could be expanded to also cover people who adopt young children.
“Could these workers also qualify for some workplace accommodations, such as moderate working schedule conditions, time off paid off for adopting children, especially with medical or issues that they have for their newborn?” she asked.
Guam Department of Labor Fair Employment Practices Officer Jeff Sablan said the rules could incorporate adoptive parents, and he said he would get guidance from federal labor officials.
The law states that employers should make reasonable accommodations for pregnant workers, including modifying workplaces, restructuring jobs or work schedules or reassigning workers to vacant positions.
However, employers do not have to provide reasonable accommodations if those accommodations impose an undue hardship on the business.
Sablan testified that pregnant workers are protected by federal law as well.
“That's good to know,” Taitague said. “Because it took a while for this bill to actually become law, and the thought of not being able to provide the protections of those women who are pregnant … it was disheartening.”
The law was enacted on Nov. 9, 2022, and the Department of Labor held a hearing on the proposed rules and regulations on Nov. 20, 2023. No testimony was submitted, and the draft rules were sent to the Office of the Attorney General on Dec. 6, 2023.
The rules were approved by the Office of the Attorney General with minor changes on Aug. 21 of this year. Adelup signed off on Sept. 11, and the rules were sent to the Legislature on Sept. 23.
Department of Labor Director Dave Dell'isola said his department was “eager to begin this very worthwhile program.”
“[We] respectfully request that the legislature consider expediting the consideration of this bill and the recommended language so that we can finally launch this initiative and extend full benefits to Guam's pregnant workers and their families,” Dell'isola said.
