PUERTO RICO Law and Practice Contributed by: Jorge C Pizarro-García, José R González-Nogueras, Karla Rivera-Rubio and Lloyd Isgut-Rivera, Pizarro & González
to constitute a crime, such as theft, property damage, fraud or other criminal acts, the employer may discre - tionarily file a complaint with the Puerto Rico Police. In cases involving domestic violence that affects the workplace, Act 54-1989 authorises the employer to request a protective order at the Courts of Puerto Rico on behalf of employees, visitors or others present at the worksite, provided the employer first notifies the affected employee of its intent to do so. Similarly, under Act 284-1999, an employer may request a pro - tective order on behalf of an employee who is or has been a victim of stalking or criminal conduct occurring at or near the workplace, provided the employer first notifies the employee of its intent to seek the order. Although employers are not required to proactively report investigation results, they may later be com - pelled to disclose information through subpoenas, court orders or administrative summonses in civil, criminal or agency proceedings. Outside these limited circumstances, communication to authorities remains discretionary and typically occurs only when conduct poses ongoing safety risks or creates potential crimi - nal exposure. 6.7 Other Communications Employers do not typically disclose the conclusion of an internal investigation to individuals beyond the reporter and respondent. 6.8 Disciplinary Measures If the allegations are substantiated, employers may impose discipline ranging from oral or written warn - ings to suspension or termination. However, as estab - lished by case law, a single, first-time incident may constitute just cause for termination when the mis - conduct is serious, including conduct occurring out - side the workplace (eg, off-duty criminal behaviour), so long as the employer can demonstrate a legitimate business reason and a defensible factual basis. 6.9 Other Measures It is common for employers in Puerto Rico to imple - ment organisational or preventive measures regard - less of whether the allegations are substantiated following an internal investigation. These measures typically include workplace training on topics such as harassment, bullying, professionalism, leadership
and effective communication, and the reinforcement of policies and workplace expectations.
7. Data Protection 7.1 Collecting Personal Data
Employers are generally allowed to collect personal data for the purpose of conducting an internal HR investigation. However, this power is constrained by Puerto Rico’s Constitution, which affords the right to privacy and human dignity the “highest rank” in the legal system and applies directly in the employment context. As a result, data collection must be propor - tionate and work-related. 7.2 Specific Rules There is no single law that codifies the rules for han - dling personal data in internal investigations. Instead, employers must align their practices with: • the constitutional right to privacy and dignity, which protects against accessing purely personal communications or accounts (for example, private email, personal social media, or messages stored on an employee’s personal device); • laws that regulate particular categories of sensi - tive information, such as confidentiality require - ments for medical information under the Americans with Disabilities Act, protection of Social Security numbers under Act No 207 of September 27, 2006, known as the Act to Prohibit the Display of an Employee’s Social Security Number, 29 L.P.R.A. § 621a, and restrictions on requesting or using credit reports under Act No 150 of October 8, 2019, known as the Employee Credit Information Protec - tion Act, 29 L.P.R.A. § 1411 et seq.; and • statutory duties under workplace laws such as Act 17-1988 (harassment) and Act 90-2020 (workplace harassment) to investigate and correct misconduct while preserving confidentiality. 7.3 Access Puerto Rico does not recognise a legal right for employees to access personal data collected dur - ing an internal HR investigation, unless the employer has established an internal policy that provides such access. Employers may share limited information on
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