Robert Alex Fleming
Puerto Rico discrimination laws provide a cause of action in favor of those persons who suffer prejuidice in their employment for any of the following protected categories:
- Age
- Sex
- Color
- Religion
- Matrimony
- Political ideas
- National origin
- Social condition
- Being a victim or being perceived as a victim of domestic abuse, sexual aggression or stalking
- Pregnancy
- Maternity
- Adoption
- Disability
- Sexual orientation
- Gender identity
- Disability
Constitution
Section 1. The dignity of the human being is inviolable. All men are equal before the law. No discrimination shall be made on account of race, color, sex, birth, social origin or condition, or political or religious ideas. Both the laws and the system of public education shall embody these principles of essential human equality.
Law 100
Under Law 100, every employer who terminates, suspends, or discriminates against an employee in relation to their wage, salary, earnings, or compensation; terms, categories, conditions, or privileges of their employment; or who fails to hire or refuses to hire or rehire a person, or limits or classifies their employees in any way that tends to deprive a person of employment opportunities or affects their employee status, on the basis of age, as defined later, race, color, sex, sexual orientation, gender identity, social or national origin, social condition, political affiliation, or political or religious beliefs, or for being a victim or perceived as a victim of domestic violence, sexual assault, or stalking, or for being military, former military, serving or having served in the United States Armed Forces, or for having the status of a veteran of the employee or job applicant:(a) Will incur civil liability: (1) For an amount equal to twice the amount of damages caused to the employee or job applicant; (2) or for an amount not less than five hundred dollars ($500) nor more than two thousand dollars ($2,000), at the discretion of the court, if monetary damages cannot be determined; (3) or twice the amount of the damages caused, if this amount is less than five hundred dollars ($500), and (b) will also incur a misdemeanor offense and, upon conviction, will be punished with a fine of up to five thousand dollars ($5,000), or imprisonment for a term not exceeding ninety (90) days, or both, at the discretion of the court.
Similarly, it will be deemed a discriminatory practice and incur in liabilitiy for any employer who commits any of the acts outlined in the first paragraph because it involves a person married to an employee of their company or business. This provision applies to both job applicants and those already employed by the employer who marry each other. However, in situations where a clear conflict of duties arises due to the marital bond, substantially adversely affecting the company’s operation, the employer must make a reasonable adjustment or accommodation in the duties of the employees or job applicants. This practice applies to companies or businesses with fifty (50) or more employees. This must be done in such a way that does not affect the employer’s right to reasonably regulate the working conditions of marriages in the same department, division, or physical facilities.
However, in situations where a clear conflict of duties arises due to the marital bond, substantially adversely affecting the company’s operation, the employer must make a reasonable adjustment or accommodation in the duties of the employees or job applicants. This practice applies to companies or businesses with fifty (50) or more employees. This must be done in such a way that does not affect the employer’s right to reasonably regulate the working conditions of marriages in the same department, division, or physical facilities.
While Law 100 is the main discrimination law in Puerto Rico, there are other laws related to discrimination that protect workers from certain activities in the job include the following areas.
Sexual Harassment
Law 17 -1988 prohibits sexual harassment in the workplace, defining it broadly to include unwanted sexual behavior that affects employment conditions or creates a hostile work environment. Employers are liable for harassment by any workplace individual and must take proactive steps to prevent harassment, protect against retaliation, and address complaints effectively. An employer can be held liable for sexual harassment acts committed in the workplace by a supervisor, non-supervisory employees, or even non-employees such as visitors or contractors. Furthermore, Law No. 17 protects against retaliation towards anyone who opposes such conduct, including witnesses and complainants.
Bulling/Harassment
Under Law 90-2020, every employer who incurs, encourages, or allows workplace harassment will be civilly liable to the affected individuals. It is the responsibility of every employer to take the necessary measures to eliminate or minimize the occurrence of workplace harassment. Therefore, every employer will adopt and implement the necessary internal policies to prevent, discourage, and avoid workplace harassment at their work centers, as well as investigate all allegations on the matter and impose corresponding sanctions where applicable.
Retaliation
Law 115-1991 prohibits employers from retaliating against an employee for their participation in certain protected activities. An employer who dismisses or otherwise affects the terms and conditions of an employee for their expressions and/or participation in these activities – which include internal organizational investigations – will be liable for damages suffered, reinstatement, plus a double penalty.
Maternity Leave
Besides providing for maternity leave, Law 3-1942 prohibits the firing, suspension, salary reduction, or discrimination of any kind against working mothers, and specifically prohibits the dismissal of a pregnant employee due to a decrease in production or quality during her pregnancy.
Gender Discrimination
Law No. 69-1985 aims to enforce equal employment rights for men and women, addressing issues like workforce segregation, underutilization of women’s qualifications, and wage disparities. The law prohibits discrimination, sets responsibilities, and prescribes penalties to uphold these principles. It makes it illegal for an employer to: (i) Suspend, refuse to hire, or fire someone based on their gender, or otherwise discriminate against them concerning their pay, terms, or conditions of employment; (2) limit, segregate, or classify employees or applicants in a way that deprives or tends to deprive them of employment opportunities or adversely affects their status as an employee, based on gender.
Disability
Law 44- 1985 is very similar to the Americans with Disabilities Act of 1990 (ADA). It prohibits discrimination against disabled individuals who can perform the essential functions of their position, with or without reasonable accommodation which is required.
Concerted Activities
Law No. 130 – 1945 is Puerto Rico Labor Relations act. It prohibits discrimination based on certain labor-related concerted and illicit activities.
Federal Discrimination Laws
In addition to the protections offered under the Constitution and the discrimination laws of Puerto Rico, it is essential to acknowledge the applicability and intersectionality of federal discrimination laws in the territory. Notably, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and Title VII of the Civil Rights Act extend their protective reach to the residents of Puerto Rico, thereby reinforcing the framework against discrimination on various grounds including disability, age, and race, color, religion, sex, or national origin and retaliation.
The ADA, for instance, prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. This federal statute complements the principles enshrined in the Constitution of Puerto Rico, ensuring that discrimination on account of disability is not only a violation of local laws but also of federal law.
Similarly, the ADEA protects individuals who are 40 years of age or older from employment discrimination based on age. This aligns with the constitutional mandate that no discrimination shall be made on account of age, among other factors. Title VII further broadens this protective net, prohibiting employment discrimination based on race, color, religion, sex, or national origin. This federal provision underscores the constitutional and local legislative efforts to promote equality and prevent discrimination in the workplace.