reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 72 - Guaranteed Equal Employment Opportunities for the Sexes Act (§§ 1201 — 1203) › § 1202 - Women’s Affairs Commission, Office of the Governor; functions

The Commission shall have the following functions:
(a) Develop a Program to Guarantee Equal Employment Opportunities for the Sexes, pursuant to local and federal laws that prohibit job discrimination.
(b) Propose criteria for the design of plans for equal opportunity employment by gender in the agencies, public instrumentalities and municipalities or their entities and corporations, hereinafter “agencies”. The plans shall be management programs that, in an integral manner, shall implement the measures necessary to identify, evaluate, correct and eradicate discriminatory treatment against female employees and applicants in the public service.
(c) Develop and offer training to the agencies on the preparation of plans to guarantee equal employment opportunities for the sexes.
(d) Offer counseling to the agencies that have the obligation to develop and enforce plans to guarantee equal employment opportunities for the sexes, which shall include the pertinent mechanisms to eliminate arbitrary barriers in the processes of recruitment, selection, appointment, examinations, transfers, promotions, seniority, lines of progress and other terms and conditions of employment, strengthening the merit principle that governs public employment in Puerto Rico.
The plans of the agencies shall include the following:
(1) Express declaration of the commitment of the agency;
(2) appointment of a Coordinator to be designated by the Secretary or Director of each agency;
(3) diffusion of the plan;
(4) statistical evaluation;
(5) goals and schedule for compliance with the plan;
(6) planning of affirmative actions to eliminate the so-called glass [ceiling] phenomenon, examining the practices to promote qualified women to positions of leadership;
(7) development of programs to attain the goals established, such as the development of internal information systems for the follow-up, review and evaluation of all the phases of the plan and the resolution of complaints for sexual discrimination at agency level;
(8) filing of an annual progress report of the development and implementation of the plan to the Commission.
(e) Request from the pertinent agencies any information and/or statistics on the plans developed and the practices and procedures germane to the employment conditions of women in the public service.
(f) Supervise the progress of the plans to guarantee equal employment opportunities for the sexes in the public service.
(g) Prepare and submit to the Governor of Puerto Rico an annual report on the progress of the plans of the agencies.
(h) Provide training programs to private institutions that request the same to promote the implementation of plans in the private sector, in order to eliminate artificial barriers that prevent the professional development of women.
History —Aug. 3, 1999, No. 212, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 72 - Guaranteed Equal Employment Opportunities for the Sexes Act (§§ 1201 — 1203) › § 1203 - Sanctions

(a) The appointing authorities shall be responsible for compliance [of] the provisions of this chapter and the norms for its implementation. Personnel or human resources directors shall be responsible for advising the corresponding appointing authorities on the provisions of this chapter.
(b) The Commission shall conduct periodic audits to assure compliance of the agencies with this chapter.
(c) If as a result of the audits conducted, irregularities or violations are found, this chapter empowers the Women’s Affairs Commission, Office of the Governor, to impose on the appointing authorities administrative fines of one hundred dollars ($100) and of up to a maximum of five hundred dollars ($500), and fines to the personnel or human resources directors of fifty dollars ($50) and of up to a maximum of two hundred and fifty dollars ($250) for each failure to comply detected. The Commission shall also keep the Office of Management and Budget and the Office of the Comptroller of Puerto Rico informed. In case it is preliminarily determined that the actions constitute a public offense, the evidence shall be referred to the Secretary of Justice for the corresponding action.
(d) On establishing the amount of the fines, certain criteria shall be taken into consideration, such as:
(1) The number of failures to comply with the legislation and with the norms in effect incurred during the evaluated period;
(2) seriousness of the failures to comply;
(3) previous patterns of failure to comply;
(4) official or employee subject to fines.
(e) Extenuating circumstances in the imposition of fines, whether to reduce or eliminate the same shall be the possibility of rapid solutions submitted by the agency in question; the fact that it is the first time in which a statute or norms thereunder are violated and the situation was immediately corrected; or a written agreement from the appointing authority that it shall see to it that there [will] be no further noncompliance instances of this nature. Provided, That should there be additional failures to comply, the fines shall be established to the maximum allowed by legislation, without taking into consideration any extenuating circumstances.
(f) Should there be intent or negligence by the official who authorizes any illegal action regarding this chapter, he/she shall be subject to the penalties established by § 310 of Title 1.
(g) The collection of the fines established in this chapter shall be covered into the General Fund of the Commonwealth Treasury to be appropriated to the Anti-Discrimination Unit of the Department of Labor and Human Resources.
History —Aug. 3, 1999, No. 212, § 4.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 75 - Discrimination in Employment for Reasons of Gender (§§ 1321 — 1341) › § 1321 - Declaration of principles

This Legislature resolves and declares that the values of equality and freedom expressed in the Constitution of the Commonwealth of Puerto Rico are the keystone of Puerto Rican society. It is our duty to ascertain the strict compliance of the constitutional guarantee that all persons have that they will not be discriminated against on account of their sex. We recognize that the Puerto Rican women make up half of the labor force, as well as the fact that most of the unemployed persons are women. When women entered the labor force, it also brought about the division of work according to sex. This segregation in employment continues, in spite of the constitutional and legal provisions which prohibit it. There is also underemployment with regard to the academic training of women and differences in the wage levels between the sexes. The intention of this chapter is to guarantee the equal right to employment of men as well as of women, prohibiting the actions of those who promote discrimination, fixing responsibilities, and imposing penalties.
—July 6, 1985, No. 69, p. 236, § 1.
History
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 75 - Discrimination in Employment for Reasons of Gender (§§ 1321 — 1341) › § 1322 - Definitions

For the purposes of this chapter, the following terms shall have the meaning stated hereinbelow, except when they are clearly incompatible with the purposes of this chapter.
(1) Person.— Includes natural or juridical persons; one or more individuals, partnerships, associations, corporations, legal representatives, trustees, receivers, governments, government agencies, political subdivisions, labor unions, unincorporated organizations.
(2) Employer — Includes any natural or juridical person that employs laborers, workers or employees, and the chief, agent, official, manager, officer, managing partner, administrator, superintendent, foreman, overseer or representative of said natural or [juridical] person.
(3) Employee.— The term “employee” shall include any employee, and shall not be limited to the employees of a specific employer, unless it is otherwise explicitly stated, and shall include any person whose work has ceased as a result of, or due to any unfair labor practice, as defined in this chapter.
(4) Labor union — Shall mean any type of organization or any agency or committee that represents employees or any group of employees, acting in agreement, or a plan in which the employees participate and that exists for the purpose of bargaining with an employer in whole or in part, with respect to complaints, disputes, wages, wage classifications, working hours or other working conditions and any conference, general committee, board of governors or directors of a system, or a joint council engaged in the same matters that are subordinated to a national or international labor organization.
(5) On account of sex.— Includes, but is not limited to, due to or because of pregnancy, childbirth, or related medical conditions; and women who are affected by pregnancy, childbirth or related medical conditions shall receive equal treatment for all purposes related to their jobs, including receiving benefits under the fringe benefit programs as other persons who are not affected in a like manner, but who are similar in their ability or disability to work.
(6) Fringe benefits.— Includes medical, hospital, accident and life insurance; retirement benefits, profit sharing plans and bonus plans, leaves and any other terms, conditions or privileges of employment.
(7) Bona fide occupational requirement — A job requirement to determine the person’s capacity to perform the work.
—July 6, 1985, No. 69, p. 236, § 2.
History
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 75 - Discrimination in Employment for Reasons of Gender (§§ 1321 — 1341) › § 1323 - Unfair labor practices—Employer

It shall be an unfair labor practice when an employer:
(1) Suspends, refuses to employ or dismisses any person, or in any other way discriminates against a person with respect to his wages, terms or working conditions, on account of his or her sex.
(2) Limits, divides or classifies his employees or the persons who apply for a job, in any way that could deprive or tend to deprive that person of a job opportunity or that in any other way may adversely affect the person’s status as an employee on account of his or her sex.
History —July 6, 1985, No. 69, p. 236, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 75 - Discrimination in Employment for Reasons of Gender (§§ 1321 — 1341) › § 1324 - Unfair labor practices—Employment agencies

(a) It shall be an unfair labor practice for an employment agency to suspend, classify, recommend or refuse to refer for work, or discriminate in any other way against any person on account of his or her sex.
(b) Employment agencies that deal exclusively with one sex shall be guilty of an unfair labor practice, except when said agencies limit their services to providing candidates for specific jobs in which sex is a bona fide occupational requirement.
(c) An employment agency that receives a job order that contains a classification that is illegal on account of sex shall share the responsibility with the employer who places the job order, if the agency fills the order knowing that the sex specification is not based on a bona fide occupational requirement. However, it shall not be deemed that an employment agency has violated this chapter, regardless of the determination with regard to the employer, if the agency had no way of knowing that the employer’s allegation of a bona fide occupational requirement was groundless, and the agency prepares and keeps a file for each employer with all his orders, which is available for inspection by the interested party. Said file shall include the employer’s name, the job description, and the grounds for the employer’s claim that sex is a bona fide occupational requirement. These files shall be kept for a minimum period of two (2) years, and in those cases in which judicial action is taken, the files shall be kept until a final and binding judgment is rendered in the case.
(d) It shall be the responsibility of the employment agencies to keep abreast of the legislation and administrative and judicial decisions regarding discrimination on account of sex.
History —July 6, 1985, No. 69, p. 236, § 4.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 75 - Discrimination in Employment for Reasons of Gender (§§ 1321 — 1341) › § 1325 - Unfair labor practices—Labor unions

It shall be an unfair labor practice for a labor union to do any of the following on account of sex:
(1) Exclude or expel from its membership, or otherwise discriminate against any person.
(2) Limit, divide or classify its members or any person who wishes to become a member of its organization.
(3) Classify, suspend or refuse to recommend any person for a job.
(4) Deprive or tend to deprive a person of a job opportunity in any way, or limit said job opportunity, or otherwise adversely affect the status of said person as an employee or candidate for employment.
(5) Induce or attempt to induce an employer to discriminate against a person in open violation of this chapter.
History —July 6, 1985, No. 69, p. 236, § 5.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 75 - Discrimination in Employment for Reasons of Gender (§§ 1321 — 1341) › § 1326 - Unfair labor practices—Apprenticeship, training or retraining programs

It shall be an unfair labor practice for an employer, labor union or joint labor-management committee that controls apprenticeship, training or retraining programs, including on-the-job training programs, to discriminate against any person on account of his or her sex.
History —July 6, 1985, No. 69, p. 236, § 6.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 75 - Discrimination in Employment for Reasons of Gender (§§ 1321 — 1341) › § 1327 - Unfair labor practices—Actions not included

Notwithstanding the provisions of this chapter, it shall not be deemed as an unfair labor practice:
(a) For an employer to contract or recruit employees; for an employment agency to classify or refer any person for employment; for a labor union to classify its members, or classify or refer any person for employment; that an employer, labor union, joint labor-management committee that controls apprenticeship, training or retraining programs admits or recruits any person in any of said programs, based on their sex, in those circumstances in which the sex of the person is a reasonably necessary bona fide job requirement for the normal operation of said specific firm or business.
(b) For an employer to fix several types of compensation, or different working terms, conditions or privileges as the result of a bona fide merit or seniority system or a system which measures profits in terms of quantity or quality of the production, or to employees that work in different positions, provided said differences are not the outcome of an intention to discriminate on account of sex.
(c) That an employer acts according to the results of a professional ability test, provided that the test, its administration and the action taken with respect thereof is not designed or used to discriminate on account of the person’s sex.
History —July 6, 1985, No. 69, p. 236, § 7.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 75 - Discrimination in Employment for Reasons of Gender (§§ 1321 — 1341) › § 1328 - Unfair labor practices—Bona fide job requirement

The exception to the job classification on account of sex based on the term “bona fide job requirement” as defined in this chapter shall be interpreted restrictively.
To such purposes, the following situations, without being a limitation, do not justify the use of the bona fide job requirement exception:
(a) To refuse to employ a woman on account of her sex, based on the presumptions of comparative employment characteristics of women in general.
(b) To refuse to hire a person using stereotyped descriptions of the sexes. The nondiscrimination principle requires that individuals be considered on the grounds of their individual characteristics and not on the grounds of any characteristic currently attributed to the group.
(c) To refuse to hire a person because of the fellow-workers’, employer’s or client’s preferences.
Sex shall be deemed a bona fide job requirement when it is necessary for the purpose of authenticity or legitimacy.
History —July 6, 1985, No. 69, p. 236, § 8.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 75 - Discrimination in Employment for Reasons of Gender (§§ 1321 — 1341) › § 1329 - Unfair labor practices—Arbitrary classification of jobs policy

(a) Subsection (b) of § 1327 of this title provides that merit or seniority systems may be established and classifications may be made according to sex if this is a “bona fide job requirement” for said specific job. To this purpose, we deem that job policies are unfair when they arbitrarily classify jobs to:
(1) Prohibit a woman from applying for a job classified “for men”, or a job on the assembly line for “men”, and vice versa.
(2) Prohibit a man who is to be suspended to displace a woman with less seniority on a “women’s seniority list”, and vice versa.
(b) A seniority or merit system which establishes a difference between “light and heavy” work is an unfair labor practice if it operates as a means to disguise a classification by sex, or establishes unreasonable obstacles to the progress of members of either sex for jobs that either sex could reasonably perform.
History —July 6, 1985, No. 69, p. 236, § 9.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 75 - Discrimination in Employment for Reasons of Gender (§§ 1321 — 1341) › § 1330 - Unfair labor practices—Internal rules and regulations

Any rule or regulation of an employer which prohibits or limits the employment of married women, and which does not apply to married men is discrimination on account of sex, which is forbidden by this chapter.
Sex as a bona fide job requirement must be justified in terms of specific job requirements and not based on general principles such as the desirability of distributing employment.
History —July 6, 1985, No. 69, p. 236, § 10.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 75 - Discrimination in Employment for Reasons of Gender (§§ 1321 — 1341) › § 1331 - Unfair labor practices—Advertisement

It shall be a violation of this chapter to include in an advertisement or notice of a job offering, a preference, limitation, specification or discrimination on account of sex, unless sex is a “bona fide job requirement” as defined in this chapter for the specific job indicated.
Placing a notice in columns classified by the editors according to sex, such as “men” or “women” shall be deemed as a statement of preference, limitation, specification, or discrimination on account of sex.
History —July 6, 1985, No. 69, p. 236, § 11.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 75 - Discrimination in Employment for Reasons of Gender (§§ 1321 — 1341) › § 1332 - Unfair labor practices—Interviews

Any question asked before employing a person, with regard to future employment, which directly or indirectly indicates any limitation, specification or discrimination on account of sex shall be illegal unless it is made on the basis of a bona fide job requirement.
History —July 6, 1985, No. 69, p. 236, § 12.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 75 - Discrimination in Employment for Reasons of Gender (§§ 1321 — 1341) › § 1333 - Unfair labor practices—Fringe benefits

(a) It shall be an unfair labor practice for an employer to discriminate between men and women with regard to fringe benefits.
(b) It shall be an unfair labor practice for an employer to condition the benefits available to his employees, their spouses or dependents, to employees who are heads of families or who receive higher wages, since these conditions are not related to their yield on the job, which is a violation of the provisions of this chapter.
(c) It shall be an unfair labor practice for an employer to grant benefits to the wives and dependents of male workers, when these benefits are not granted to the husbands and dependents of female workers; to grant benefits to the wives of male workers when said benefits are not granted to the husbands of female workers; to grant benefits to the husbands of female workers when said benefits are not available for the wives of male workers.
(d) It shall not be a defense under the provisions of this chapter, when an employer is accused of discrimination with regard to fringe benefits on account of sex, that the costs of said benefits are higher for one sex than the other.
(e) It shall be an unfair labor practice for an employer to implement a retirement or pension system which establishes different optional or compulsory retirement ages based on sex or which establishes differences in benefits based on sex.
History —July 6, 1985, No. 69, p. 236, § 13.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 75 - Discrimination in Employment for Reasons of Gender (§§ 1321 — 1341) › § 1334 - Unfair labor practices—Exclusion for pregnancy, childbirth or related conditions

(a) It shall be an unfair labor practice for an employer, through a written or verbal policy or practice, to exclude applicants or employees from employment on account of pregnancy, childbirth or related medical conditions.
(b) Disabilities caused or attributed to pregnancy, childbirth or related medical conditions, for purposes related to employment, shall receive the same treatment as other disabilities caused or attributed to other medical conditions.
History —July 6, 1985, No. 69, p. 236, § 14.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 75 - Discrimination in Employment for Reasons of Gender (§§ 1321 — 1341) › § 1335 - Relevant records and reports to Secretary

(a) Any employer, labor union or joint labor-management committee shall keep and preserve such records that are relevant to determine whether the unfair labor practices mentioned herein are being committed for periods of two (2) years.
(b) Every employer, labor union or joint labor-management committee shall render a report of such records as determined by the Secretary of Labor and Human Resources through regulations approved to such effects after public hearings have been held, to implement and enforce the provisions of this chapter.
The Secretary of Labor and Human Resources through regulations shall require every employer, labor union or joint labor-management committee to control any apprenticeship or training program, keep and preserve the records needed to implement this chapter, including, but not limited to a list of applicants or candidates for employment who wish to participate in such programs, as well as the chronological order in which the applications were received, and shall provide to the Secretary upon his written request a detailed description of the way the persons are selected to participate in apprenticeship or training programs.
History —July 6, 1985, No. 69, p. 236, § 15.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 75 - Discrimination in Employment for Reasons of Gender (§§ 1321 — 1341) › § 1336 - Secretary; enforcement and regulations

The duty of enforcing compliance of this chapter is hereby imposed on the Secretary of Labor and Human Resources.
The Secretary of Labor and Human Resources is hereby empowered to adopt any rules or regulations needed to enforce the implementation and purposes of this chapter. All such rules and regulations shall have the force of law after having been approved by the Governor and duly promulgated.
The Secretary of Labor and Human Resources or his representative is hereby authorized to perform all the investigations and inspections he deems are necessary and convenient, on his own initiative or pursuant to a complaint filed by a person, to determine whether an employer, labor union or joint labor-management committee has failed to enforce the provisions of this chapter and have them enforced, and to obtain information that is useful for the administration of any of its provisions.
Any employer, labor union or joint labor-management committee, their officials, employees, agents and representatives thus investigated shall present and make available to the Secretary such records, documents or files under their control related to the matter under investigation.
The Secretary of Labor and Human Resources or any employee of the Department designated by him is hereby authorized in the exercise of such powers and duties to conduct public hearings, summon witnesses, take oaths, accept testimony, and, in compliance with these provisions, may issue subpoenas, require the presence of witnesses and presentation of data, information, or documentary and any other type of evidence, and shall also examine and copy books, records and any documents or papers of said employer or labor union, and request any other information with the purpose of meeting the provisions of this chapter; and may also resort to the Court of First Instance of Puerto Rico to plead that any summons or order issued by the Secretary be complied with. Noncompliance of a judicial order allowing such pleading shall constitute contempt of court.
The Department of Labor and Human Resources’ attorneys may act as prosecutors with all the power and authority of the District Attorneys, in all criminal actions that arise under the provisions of this chapter.
History —July 6, 1985, No. 69, p. 236, § 16.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 75 - Discrimination in Employment for Reasons of Gender (§§ 1321 — 1341) › § 1337 - Injunctions

Jurisdiction is hereby conferred on the parts of the Court of First Instance of San Juan, by petition of the Secretary of Labor and Human Resources, to issue injunctions and grant any other remedies at law that are needed to enforce the terms of this chapter and ensure compliance of the regulations, orders and determinations issued by the Secretary of Labor and Human Relations, pursuant to the powers conferred on him by this chapter.
History —July 6, 1985, No. 69, p. 236, § 17.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 75 - Discrimination in Employment for Reasons of Gender (§§ 1321 — 1341) › § 1338 - Civil claims

Original concurrent jurisdiction is hereby conferred on the Court of First Instance and the District Court in all cases arising under this chapter. Civil claims may be prosecuted by ordinary proceedings or through the complaint procedure established by §§ 3118 et seq. of Title 32.
Claims filed by several or all job aspirants against a common employer or labor union may be joined in a single action.
The Secretary of Labor and Human Resources, on his own initiative or at the request of one or more employees or job aspirants having an interest in the matter, and in representation and for the benefit of one or more of them who are undergoing similar circumstances, may order the payment of any amount owed to them or the fulfillment of any right conferred by this chapter. Any employee or job applicant with interest in the action may join in any suit thus instituted by the Secretary of Labor and Human Resources, who, likewise, may join in any action brought by any employee or job aspirant under the terms of this chapter.
In any judgment issued against any employer or labor union, the costs and a reasonable sum which shall never be less than three hundred dollars ($300) for attorney’s fees, if he is not a Department of Labor Attorney, shall be imposed on them.
History —July 6, 1985, No. 69, p. 236, § 18.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 75 - Discrimination in Employment for Reasons of Gender (§§ 1321 — 1341) › § 1339 - Publicity of summary

Every employer, labor union or joint labor-management committee shall place a summary of the provisions of this chapter prepared and furnished by the Secretary of Labor and Human Resources, in a clearly visible place in their establishment.
History —July 6, 1985, No. 69, p. 236, § 19.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 75 - Discrimination in Employment for Reasons of Gender (§§ 1321 — 1341) › § 1340 - Dismissal on grounds of sex and other unfair labor practices

It shall be an unfair labor practice for an employer, labor union or joint labor-management committee that controls apprenticeship, training or retraining programs, including on-the-job training programs, to dismiss or discriminate against any employee or participant who files a complaint or charge, or is opposed to discriminatory practices, or participates in an investigation or suit for discriminatory practices against the employer, labor union or joint labor-management committee.
—July 6, 1985, No. 69, p. 236, § 20.
History
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 75 - Discrimination in Employment for Reasons of Gender (§§ 1321 — 1341) › § 1341 - Civil and criminal liability for violations

Any person, employer and labor union, as they are defined herein, who is guilty of anything prohibited by this chapter:
(a) Shall incur civil liability:
(1) For a sum equal to twice the amount of damages said action caused the employee or job applicant;
(2) or for a sum of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), in the discretion of the court, if no monetary damages can be determined;
(3) twice the amount of the damages caused if it were less than the sum of one hundred dollars ($100), and
(b) shall also be guilty of a misdemeanor, and upon conviction, shall be punished with a fine of not less than one hundred dollars ($100), nor more than five hundred dollars ($500), or imprisonment for a term of not less than thirty (30) days nor more than ninety (90) days, or both penalties, at the discretion of the court.
The court may direct the employer to reinstate the employee in his job, and to cease and desist the activity in question, in the judgment he issues in civil actions filed under the above provisions.
History —July 6, 1985, No. 69, p. 236, § 21.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 76 - Discrimination on the Basis of a Person’s Genetic Information (§§ 1351 — 1358) › § 1351 - Definitions

(a) Person.— Any person defined as such in any applicable law, including the Civil Code of Puerto Rico.
(b) Employer.— Any executive, supervisor, or any person who directly or indirectly performs duties of an executive nature in the interest of an employer. It shall include any individual, partnership, or organization intervening on behalf of the employer in any labor dispute or collective bargaining.
(c) Employee.— Any worker, day laborer, artisan, laborer, clerk, retail clerk, and any other person who is employed for a salary, wage, daily wage, or any other type of compensation in any occupation, establishment, business, or industry.
(d) Merit Principle.— As defined in subsection [(42)] of § 1461 of Title 3, better known as the “Public Service Human Resources Administration Act of the Commonwealth of Puerto Rico”.
(e) Health plan.— As defined in subsection (r) of § 9003 of Title 26, better known as the “Puerto Rico Health Insurance Code”.
(f) Genetic tests.— Any analysis of the deoxyribonucleic acid, “DNA”; ribonucleic acid, “RNA”; chromosomes; proteins; or metabolites that detects genotypes, mutations, or chromosomal changes. This definition shall not include the analyses of proteins or metabolites which do not detect genotypes, mutations, or chromosomal changes.
(g) Genetic services.— Any type of genetic test or genetic counseling, including the obtaining, interpreting, or assessing genetic information.
(h) Genetic monitoring.— Means the periodic examination of employees to evaluate acquired modifications to their genetic material, such as chromosomal damage or evidence of increased occurrence of mutations that may have developed in the course of employment due to exposure to toxic substances in the workplace, in order to identify, evaluate, and respond to the detrimental effects of such an exposure.
History —Sept. 9, 2013, No. 107, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 76 - Discrimination on the Basis of a Person’s Genetic Information (§§ 1351 — 1358) › § 1352 - Prohibition

The use of genetic information is hereby banned when making decisions regarding employment in government agencies, public corporations, municipalities and instrumentalities of the Commonwealth of Puerto Rico, the private sector, and unions. This ban shall apply to all aspects of the employment, including the hiring, salary, job duties, promotions, dismissals, training, fringe benefits, bonuses, or any other terms or conditions of employment.
Moreover, the hiring, selection, promotion, fringe benefits, training, or transfers shall be conducted in accordance with the merit principle as it is defined in subsection (d) of § 1351 of this title. Employers from both the government and the private sector are hereby banned from requiring that their employees or job applicants submit themselves to genetic tests, or from acquiring the genetic information of the employee or applicant by purchasing it or any other means. An employer shall not use genetic information to make employment decisions because said information is not relevant to determine the ability of a person to work. As an exception, the use of genetic information is permitted for the sole purpose of evaluating requests for reasonable accommodation in cases in which the disability that is claimed is one which is reflected in the genetic information of a person. Likewise, the use of genetic information is permitted to aid the employees with issues related to their health or wellbeing; or to monitor the genetic material due to the effects of toxic substances in the workplace; or when certain specific conditions are met such as:
(1) The employees provide their informed consent in writing, and such consent shall be given knowingly, freely, and voluntary, without coercion, violence, or intimidation for the purpose of providing his genetic information; and
(2) the monitoring is authorized by virtue of any federal or state provision.
History —Sept. 9, 2013, No. 107, § 2[sic]
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 76 - Discrimination on the Basis of a Person’s Genetic Information (§§ 1351 — 1358) › § 1353 - Confidentiality of information

To ensure the protection of the confidentiality of the information, all employers, employment agencies, labor organizations, or management committees that possess the genetic information of an employee shall maintain such information in separate files and shall treat it as confidential medical records. This information may be disclosed under various circumstances such as:
(1) The employee himself knowingly provides express written authorization for the disclosure of the information because he is receiving a service or treatment.
(2) To an occupational health researcher, if the research is conducted in compliance with the federal regulations in Title 45 of the Code of Federal Regulations.
(3) In response to an order of a court with jurisdiction provided that:
(a) The employer, employment agency, or labor organization only disclose the genetic information specified in the order; and
(b) That the employer, employment agency, or labor organization inform the employee that the information is being disclosed pursuant to a court order.
(4) To government personnel who are investigating an issue under this chapter; and
(5) The disclosure is requested pursuant to the health certification provisions for the granting of a family medical leave, in accordance with the Family Medical Leave Act, Pub. L. 103-3, 29 U.S.C. sec. 2601; the Health Insurance Portability and Accountability Act, Pub. L. 104-191, 110 Stat. 1936, better known as the HIPAA Act; as well as with §§ 411-413 of this title, known as the “Health Certification Act of Puerto Rico”.
(6) To a federal or state public health agency for the sole purpose of learning relevant information to diagnose any contagious disease or other condition that affects the life and safety of the person.
History —Sept. 9, 2013, No. 107, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 76 - Discrimination on the Basis of a Person’s Genetic Information (§§ 1351 — 1358) › § 1354 - Health insurance coverage

Group health plans and public or private health insurance providers are hereby banned from denying a person individual or group coverage based solely on the genetic predisposition to developing an illness in the future. Health insurance providers shall not require that individuals provide their genetic information, their family’s information, or that of any family member for the purpose of being eligible for insurance coverage or for a certain premium. Likewise, providers shall not use the genetic information, directly or indirectly, to make decisions regarding the benefits and services covered by a plan; in addition, providers shall not request or require that persons or any members of their families submit themselves to genetic tests; and the information shall not be used in any Medicare supplemental policy to deny coverage due to a preexisting condition, as established in the federal Genetic Information Nondiscrimination Act, Pub. L. 110-233, 122 Stat. 881, of May 21, 2008.
History —Sept. 9, 2013, No. 107 § 4.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 76 - Discrimination on the Basis of a Person’s Genetic Information (§§ 1351 — 1358) › § 1355 - Genetic information

Genetic information includes any information obtained from persons or their family members through genetic medical tests or genetic services, the manifestation of an illness or health disorder in any of the family members of a person, as well as the genetic information obtained as a result of a request for genetic services or having received such services, or obtained by participating in a clinical research study which includes genetic services for a person or their family members. The term genetic information excludes information regarding the person’s age and sex.
History —Sept. 9, 2013, No. 107 § 5.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 76 - Discrimination on the Basis of a Person’s Genetic Information (§§ 1351 — 1358) › § 1356 - Violations and penalties

Any public or private natural or juridical person that discriminates by virtue of the provisions of this chapter shall be guilty of a felony and punished with a fine of ten thousand dollars ($10,000) for the first offense. Fines for repeat offenses shall be in the amount of twenty thousand dollars ($20,000).
History —Sept. 9, 2013, No. 107 § 6.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 76 - Discrimination on the Basis of a Person’s Genetic Information (§§ 1351 — 1358) › § 1357 - Action for damages

(a) Any person who has been discriminated against on the basis of genetic information may file a claim for damages against any natural or juridical person who engages in the discrimination described in this chapter.
(b) When a person with legal standing to bring suit is unable to do so for any reason, his tutor, heir, or successor may file such claim. This action shall have a statute of limitation of one (1) year as of the date in which the person discriminated against, his tutor, heir or successor learns of the discrimination.
History —Sept. 9, 2013, No. 107 §§ 7, 8.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 76 - Discrimination on the Basis of a Person’s Genetic Information (§§ 1351 — 1358) › § 1358 - Payment for damages

The payment for damages by the respondent in a tort case shall be for an amount equal to three times the sum of the damages the action has caused the person.
History —Sept. 9, 2013, No. 107 § 9.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 77 - Equal Employment Opportunity for Persons with Disabilities (§§ 1401 — 1404) › § 1401 - Definitions

For the purposes of this chapter, the following terms shall have the meaning set forth hereinbelow:
(a) Qualified person with a disability.— Means the person whose physical or emotional disability substantially affects one or more of the main activities in his/her life, and that, with or without reasonable accommodation, is capable of performing essential tasks of the position he/she is holding or applying for, and that he/she meets all other job requirements, such as experience, academic preparation and having approved the job examination, if there is any, without the aid of the five (5) additional points or five percent (5%) to which the person shall be entitled after having approved it.
(b) Reasonable accommodation.— Means the suitable or reasonable logical adjustment that allows or enables a qualified person with physical, mental or sensory limitations, to execute or perform the assigned tasks, or an occupational description or definition. It includes adjustments in the work area, construction of physical facilities, acquisition of specialized equipment, availability of readers, assistants, drivers or interpreters and any other action that may reasonably enable the adjustment of a person with physical, mental or sensory limitations in his workplace, and which does not represent an extremely onerous effort in financial terms.
It also means the adequate or suitable adaptation, modification, measure or adjustment that must be carried out by private and public institutions to allow or enable a qualified person with a disability to participate in society and become apart thereof in all aspects, including, work, training, education, transportation, housing, recreation and acquisition of goods and services.
History —July 27, 1996, No. 81, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 77 - Equal Employment Opportunity for Persons with Disabilities (§§ 1401 — 1404) › § 1402 - Employment qualification exams

The Government of the Commonwealth of Puerto Rico, its agencies, instrumentalities, dependencies, public or quasi public corporations and municipalities and all private, natural or juridical persons who operate businesses in Puerto Rico with fifteen or more employees, and who as part of their requirements for employment require that the applicant pass an examination or test, shall be bound to:
(a) Add five (5) points or five percent (5%), whichever is greater, to the score obtained by a disabled person in any test or examination required in order to qualify for a job, whether to be hired or promoted, when as part of their requirements for employment they require that the applicant pass an examination or test. The benefits of this subsection shall not apply if the disabled person who applies for promotion or admission to a position, employment or job opportunity qualifies to receive the benefits conferred by Act No. 13 of October 3, 1980, known as the “Puerto Rican Veteran’s Bill of Rights”, which grants an additional five (5) points or five percent (5%), whichever is greater, to the score obtained by a veteran in any test or examination required in order to qualify for employment, whether to be hired or promoted, and five (5) additional points or five percent (5%), whichever is greater, to veterans with a service connected disability.
(b) To make any reasonable accommodation that will allow persons with disabilities to work effectively and maximize their productivity and promotion opportunities, with the exception of that employer who can prove to the Person with Disabilities Investigating Official, that such reasonable accommodation shall represent an onerous effort in financial terms for the enterprise.
(c) To state on their job application forms that the applicant is not under the obligation to inform that he/she is a person with a disability, but that he/she has the right to do to be considered for the benefits conferred by this chapter.
History —July 27, 1996, No. 81, § 3; Sept. 15, 1998, No. 269, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 77 - Equal Employment Opportunity for Persons with Disabilities (§§ 1401 — 1404) › § 1403 - Regulations

The Government of the Commonwealth of Puerto Rico and the subdivisions or agencies of said branches, as well as the instrumentalities, public or quasi-public corporations, and municipal governments shall put into effect those regulations, or amend the existing ones in order to comply with the provisions of this chapter.
History —July 27, 1996, No. 81, § 4.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 77 - Equal Employment Opportunity for Persons with Disabilities (§§ 1401 — 1404) › § 1404 - Fines

Any natural or juridical person who intentionally violates, or otherwise denies or obstructs the enjoyment of any of the rights granted by this chapter in benefit of qualified persons with disabilities, shall incur a misdemeanor and upon conviction, shall be punished with a fine that shall not be less than two hundred dollars ($200) nor more than five hundred dollars ($500); and subsequent violations shall be punished with a penalty that shall not exceed six (6) months of imprisonment. The judgment of the court shall also provide that the qualified person with a disability shall be granted, without further delay, the right that was thus denied to him/her.
History —July 27, 1996, No. 81, § 5.