Takeaways

• The Puerto Rico Supreme Court found that the Women’s Advocate Office (OPM) has the authority to investigate and fine public and private employers for violations of women’s rights under Puerto Rico constitution and laws, including employment laws.
• The court confirmed that the OPM may pursue simultaneous proceedings and file a complaint before the Puerto Rico courts on behalf of women who claim discrimination.
• The ruling means employers could face dual exposure, administrative penalties and court‑ordered remedies arising from the same alleged discriminatory actions.

Article

The Women’s Advocate Office (“OPM,” for its Spanish acronym) has the authority to investigate and fine public and private employers that violate women’s rights under Puerto Rico constitution and laws, including employment laws, the Puerto Rico Supreme Court has ruled.

The OPM initiated an investigation against two private entities (a temporary employment agency and the client company where the employee was assigned to work) for alleged violations to a female contingent employee’s constitutional rights, as well as violations to several Puerto Rico discrimination statutes. The employee alleged that when she notified her employer of her pregnancy, she was required to provide a medical certificate to return to work but was never reinstated in her employment.

The OPM filed a complaint in state court on behalf of the employee, alleging sex and pregnancy discrimination under various Puerto Rico...

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