Definitions. — Guam Code § 6101

§ 6101. Definitions.

As used in this Chapter:

(a) Applicant means any person considered for, or who

requests to be considered for, employment by an employer; or, any

employee considered for, or who requests to be considered for,

another employment position, by the employer.

(b) Arrest means being apprehended, detained, taken into

custody, held for investigation, or restrained by a law enforcement

agency due to an accusation or suspicion that a person committed a

crime.

(c) Conditional offer of employment means an oral or written

offer by an employer to employ an individual in a job, or placement

in a staffing agency’s staffing pool, that is conditioned solely on the

employer’s evaluation of the individual’s criminal history.

(d) Criminal history means any conviction, plea of nolo

contendere, or deferred adjudication arising from felony criminal

accusation, or any misdemeanor criminal accusation, made under

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local or federal law, or a comparable law of a state of the United

States. This does not include dismissed, expunged, or sealed cases.

(e) Employer means any person, company, corporation,

general contractor, firm, labor organization, or association,

including the government of Guam, that employs more than fifteen

(15) employees in Guam.

(f) Employment means any occupation, vocation, job, or work

for pay, including temporary or seasonal work, contracted work,

contingent work, and work through the services of a temporary or

other employment agency; or, any form of vocational or educational

training with pay, where the physical location of the employment is

in whole or in substantial part, within Guam.

(g) Inquiry means any direct or indirect conduct intended to

gather criminal history information from or about the applicant,

candidate, or employee, using any method, including application

forms, interviews, and criminal history or background checks.

(h) Interview means any direct contact by the employer with

the applicant in person, or by telephone or video-teleconferencing,

to discuss the employment being sought or the applicant’s

qualifications.