Puerto Rico has amended its sexual harassment law to expand coverage to interns and to require employers to adopt a protocol to investigate sexual harassment allegations.
Act 17-1988 prohibits sexual harassment and set forth penalties against employers and individuals that engage in the prohibited conduct. On September 28, 2022, the Governor of Puerto Rico signed into law Act 82-2022, which amends Act 17-1988 to expand its coverage and require employers to adopt a protocol.
Under the law, sexual harassment is:
If employment opportunities or benefits are granted to one employee for submitting to sexual advances, other employees not so favored may also have a cause of action under the law.
With the amendment, not only employees and candidates of employment are protected by the statute, but also interns who provide services with or without pay.
The amendment, which entered into effect on September 28, 2022, requires employers to adopt and implement a protocol to manage sexual harassment allegations. Although not stated, the employer’s workforce should be notified of the protocol. The Puerto Rico Department of Labor (PRDOL), in coordination with the Women’s Solicitor Office, must provide technical assistance to employers and have the duty to verify compliance.
Under the amendment, employers can...
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