Act 100: Puerto Rico’s General Employment Discrimination Statute

Discrimination in employment is prohibited in Puerto Rico for a wide range of  circumstances. Under Act 100, It is unlawful for an employer in Puerto Rico to discriminate against an employee or applicant for employment  because of age, race, color, sex, social or national origin or social condition, political affiliation, political or religious ideology, or for being a victim or perceived as a victim of domestic violence, sexual aggression or stalking.  The anti-discrimination law was recently amended to include  within the protected class,  sexual orientation and gender identity.

Any employer who discharges, lays off or discriminates against an employee regarding his/her salary, wage, pay or remuneration, terms, rank, conditions or privileges of his/her job, or who fails or refuses to hire or rehire a person, or who limits or classifies his/her employees in any way which tends to deprive a person of employment opportunities, or that affects his/her status as employee because of his protected condition

 (a) Shall incur in civil liability:

(1) For a sum equal to twice the amount of damages sustained by the employee or applicant for employment on account of such action;

(2) or for a sum of not less than five hundred dollars ($500) nor more than two thousand dollars ($2,000), at the discretion of the court, if no pecuniary damages are determined;

(3) or twice the amount of the damages sustained if such amount is under the sum of five hundred dollars ($500), and

(b) he/she shall also incur a misdemeanor, and upon conviction, shall be punished by a fine of up to five thousand dollars ($5,000) or by imprisonment in jail for a term not greater than ninety (90) days, or by both penalties, at the discretion of the court.

The court may order the employer to reinstate the employee in his/her job and to cease and desist from the act involved.