In its first decision interpreting Puerto Rico’s Act to Prohibit and Prevent Workplace Harassment, Act No. 90 of August 7, 2020 (“Act 90”), the Puerto Rico Supreme Court held in Carmen E. Reyes Cobián v. Autoridad de los Puertos de Puerto Rico, 2026 TSPR 99, 218 DPR __ (2026), that the employer’s lack of an internal complaint protocol under Act 90 makes an employee’s exhaustion of internal procedures inapplicable, but does not eliminate the pre-suit obligation to exhaust administrative remedies before the Judiciary’s Alternative Dispute Resolution Bureau.
Act 90 and its Exhaustion Provision
Act 90 prohibits workplace harassment and requires employers to implement policies and procedures for preventing, reporting, investigating, and addressing complaints. Before filing a workplace harassment lawsuit, employees generally must follow a two-step exhaustion process: (1) utilize the employer's internal complaint procedure, and (2) present the claim to the Judiciary's Alternative Dispute Resolution Bureau. If the matter is not resolved through that process, the employee may then pursue a judicial claim.
Case Background
The plaintiff filed claims for sex discrimination under Puerto Rico’s general Anti-discrimination Act, Act No. 100 of June 30, 1959 (“Act 100”) and for workplace harassment under Act 90. The employer sought dismissal, arguing, among other things, that the employee failed to exhaust the administrative remedies required by Act 90 before filing suit. The trial court...
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