PUERTO RICO Law and Practice Contributed by: Jorge C Pizarro-García, José R González-Nogueras, Karla Rivera-Rubio and Lloyd Isgut-Rivera, Pizarro & González
the conduct unreasonably interferes with work perfor - mance or creates an intimidating, hostile or offensive work environment. These protections apply broadly to employees, job applicants, interns, volunteers, visi - tors, contractors, and any individual within the statu - tory definition of “employee”. Act 17-1988 requires employers to maintain a work - place free of sexual harassment, adopt a written policy, educate employees and implement an internal complaint procedure. Protected situations include harassment by supervisors, co-workers or third par - ties, and conduct occurring in person or through elec - tronic means such as messaging apps or social media. Employers must accept oral, written or anonymous complaints and investigate “real suspicion” rumours, ensuring confidentiality and protection against retali - ation. Recent amendments strengthened these protections by mandating adoption of a compliant protocol based on the Model Sexual Harassment Protocol published by the Department of Labor and Human Resources. These amendments standardised required content, such as multiple reporting channels, prompt investi - gation timelines, confidentiality safeguards and anti- retaliation measures, and expanded reporting access through the government’s electronic complaint por - tal. Together, these changes increased uniformity across workplaces and reinforced employers’ duty to promptly investigate when sexual harassment is alleged, document their findings and implement cor - rective action. 8.3 Other Forms of Discrimination and/ or Harassment Including Bullying and/or Mobbing Puerto Rico provides specific statutory protections for allegations of both discrimination and workplace har - assment. Act 90-2020 defines workplace harassment as malicious, unwanted, repetitive, abusive, arbitrary, unreasonable or capricious conduct, whether oral, written or physical, carried out by the employer, super - visors, agents, employees or even third parties, that is unrelated to legitimate business interests and impairs an employee’s constitutional rights, such as dignity, reputation, privacy or health. The conduct must create an intimidating, humiliating, hostile or offensive work
environment that interferes with a reasonable person’s ability to perform their job. All employees are covered and the definition applies across all hierarchical levels. The statute provides a non-exhaustive list of prohibited behaviours, such as public humiliation, hostile comments, unjustified threats of dismissal, repeated frivolous disciplinary complaints and disproportionate work assignments, while clarifying that legitimate supervisory actions are not considered bullying. Employers must adopt and disseminate an internal protocol, provide training and investigate all allega - tions of workplace bullying, including oral complaints. They must also protect reporters and witnesses from retaliation. The internal protocol must designate reporting channels, include an alternative recipient in case the primary contact is implicated, ensure confi - dentiality, and set out the investigative steps and time - lines. No legislative amendments have been enacted in the past year, but enforcement expectations remain strict, and failure to follow statutory procedures or internal protocols frequently gives rise to litigation. In terms of discrimination, Act No 100 of June 30, 1959, as amended (29 L.P.R.A. §146), known as the Puerto Rico Anti-Discrimination Act (“Act 100-1959”), is Puerto Rico’s combined counterpart to Title VII of the Civil Rights Act of 1964, as amended, and the Age Discrimination in Employment Act. Act 100-1959 pro - vides that any employer that discharges, suspends, demotes or reduces the salary of any employee on the basis of age; race; colour; sex; sexual orientation; gender identity; social or national origin; social con - dition; political affiliation; political or religious beliefs; status as a victim of domestic violence, sexual assault or stalking; or military service; or for having protective hairstyles or hair textures commonly associated with specific racial and national origin identities, whether the individual is an employee or job applicant, shall be subject to severe financial liability and may also be found guilty of a misdemeanour. While there have been no statutory amendments in the past year, litigation trends underscore the impor - tance of compliance, as courts continue to closely examine whether employers respond promptly and
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