PUERTO RICO Trends and Developments Contributed by: Jorge C Pizarro-García, José R González-Nogueras, Karla Rivera-Rubio and Lloyd Isgut-Rivera, Pizarro & González
In practice, this framework places significant finan - cial pressure on termination decisions in Puerto Rico. Employers are increasingly aware that, even in the absence of discrimination or retaliation claims, a ter - mination unsupported by a defensible investigative record may trigger statutory severance liability. As a result, internal investigations have become a critical risk management tool, serving as the primary safe - guard against findings that a dismissal was arbitrary or unsupported by just cause. Workplace Harassment Investigations Workplace harassment investigations have taken on heightened importance in Puerto Rico following the enactment of Act 90-2020, the statute specifically designed to prohibit and prevent workplace harass - ment. Unlike traditional anti-discrimination laws that focus on conduct linked to protected characteristics, this legislation addresses a broader category of abu - sive workplace behaviour that affects employee dig - nity, mental health and the integrity of the work envi - ronment. As a result, internal HR investigations are now the primary mechanism through which employers comply with the statute and mitigate potential civil liability. Act 90-2020 imposes an affirmative obligation on employers to adopt internal policies aimed at pre - venting workplace harassment and to investigate all allegations once the employer has actual or construc - tive knowledge of the conduct. Importantly, the deter - mination of whether conduct constitutes workplace harassment depends on the totality of the circum - stances, making thorough and contextual investiga - tions essential. To guide employers in complying with these statu - tory obligations, the Puerto Rico Department of Labor and Human Resources issued detailed Guidelines on Workplace Harassment in the Private Sector in 2021. Although these Guidelines do not carry the force of law, they are expressly intended to assist employers in structuring internal protocols and investigative pro - cedures that satisfy the requirements of Act 90-2020. From an investigative standpoint, the Guidelines emphasise that employers must not dismiss allega - tions simply because the alleged conduct consists of
isolated acts. While a single incident may not meet the statutory definition of workplace harassment, employ - ers are nevertheless expected to investigate such complaints promptly in order to prevent escalation into repetitive or abusive conduct. This approach has reinforced the role of internal investigations as preven - tive tools, rather than merely reactive responses to established violations. The Guidelines further clarify that reasonable man - agement actions, including performance evaluations, disciplinary measures and enforcement of workplace rules, do not constitute workplace harassment when undertaken for legitimate business purposes. How - ever, this distinction underscores the importance of careful investigative analysis. Internal investigations must differentiate between lawful managerial conduct and behaviour that may cross the line into abusive or arbitrary treatment. Employers that fail to document this distinction through a structured investigation risk exposure under Act 90-2020, even when the underly - ing intent was operational rather than punitive. A central component of the regulatory framework is the requirement that employers establish and implement a written internal procedure for receiving, investigating and resolving workplace harassment complaints. The Guidelines outline core elements that such procedures should contain, including confidentiality protections, anti-retaliation assurances, defined reporting chan - nels, and timelines for investigation and resolution. These procedural expectations reinforce the principle that internal HR investigations are not discretionary but mandatory steps in the statutory exhaustion-of- remedies scheme established by Act 90-2020. The Guidelines also include a model internal protocol that employers may adapt to their organisational reali - ties. While adoption of the model is not compulsory, its structure reflects the minimum investigative stand - ards expected under the statute. The model protocol highlights the need for objective investigations, timely initiation and completion, documentation of witness statements, and written determinations communicat - ed to the parties. Employers that deviate significantly from these principles may face challenges demon - strating that they took immediate and appropriate cor - rective action, a key defence available under the law.
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