PUERTO RICO Law and Practice Contributed by: Jorge C Pizarro-García, José R González-Nogueras, Karla Rivera-Rubio and Lloyd Isgut-Rivera, Pizarro & González
a need-to-know basis to ensure fairness, such as explaining the nature of the allegations and discussing relevant policy violations. However, employers may restrict access when necessary to protect confidenti - ality, prevent retaliation or preserve the integrity of the investigation, or for any other legitimate reason. Wit - ness statements, internal notes, preliminary assess - ments and privileged communications are typically withheld. If litigation later arises, access to certain records may occur through formal discovery. 7.4 AI AI is not yet widely used in internal investigations in Puerto Rico, and there is no specific regulation or leg - islation governing its use in any context. Despite the absence of formal rules, some employers occasionally rely on AI-enabled tools. Because there is no statutory framework, employers must rely on Puerto Rico’s broad constitutional pri - vacy protections when deploying AI. Concerns may arise when algorithms generate biased or discrimina - tory results, capture information beyond the scope of the investigation, or compromise confidentiality. The use of AI may also increase the risk of collecting data that is unnecessary or overly intrusive, which may conflict with the expectations of privacy and human dignity recognised under Puerto Rico’s Constitution. Employers remain responsible for verifying the accu - racy of AI-generated outputs, correcting errors, pro - viding human review and making final factual findings. They must also ensure that any technology used is consistent with confidentiality obligations that apply in Puerto Rico workplaces.
ees who report wrongdoing, provide information dur - ing internal investigations, or participate in administra - tive or judicial proceedings. Act 115-1991 protects employees who offer, or intend to offer, information, testimony or expressions, orally or in writing, before a legislative, administrative or judicial forum in Puerto Rico or through an internal procedure established by the employer. This includes co-operation with investigations by agencies, such as the Department of Labor and Human Resources, law enforcement, or internal reports or inquiries. Whistle- blowing under this statute therefore encompasses reporting of violations, participating in hearings, co- operating with regulators, and providing documenta - tion relevant to an inquiry. Protection applies as long as the employee’s expressions are not defamatory and do not disclose privileged information as estab - lished by law. Act 115-1991 adopts a broad definition of employ - ee covering any person who provides services in exchange for wages or any type of compensation under an oral, written, explicit or implicit contract. Courts have interpreted this definition liberally, extend - ing protections to workers in traditional employment relationships, probationary employees, and individu - als whose work arrangements involve mixed remu - neration or informal agreements. Act 80-1976 reinforces these protections by spe - cifically prohibiting termination of an employee who participates in or provides information in investiga - tions. This makes whistle-blower termination a form of unjust termination under Puerto Rico law and entitles the employee to reinstatement and back pay, includ - ing benefits, from the date of dismissal to the date the court orders reinstatement. 8.2 Sexual Harassment and/or Violence Act 17-1988 provides Puerto Rico’s specific statutory protections for sexual harassment allegations. The statute defines sexual harassment as any unwelcome sexual advance, request for sexual favours, or ver - bal, physical or electronic conduct of a sexual nature when: (i) submission is made explicitly or implicitly a condition of employment; (ii) submission or rejection is used as the basis for employment decisions; or (iii)
8. Special Cases 8.1 Whistle-Blowing
Puerto Rico provides explicit whistle-blower protec - tions through several statutes, with the most broad and important being Act No 115 of December 20, 1991, as amended, known as the Retaliation Against Employees for Testifying before a Legislative, Admin - istrative, or Judicial Forum Act, 29 L.P.R.A. § 194 et seq. (“Act 115-1991”), and Act No 80-1976. Together, they create a broad framework that protects employ -
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