2023 Laws of Puerto Rico › TITLE ONE - The Commonwealth (§§ 1 — 5289) › Chapter 21 - Discrimination Against Disabled Persons Prohibited (§§ 501 — 511b) › § 501 - Definitions

For the purposes of this chapter the following terms shall have the following meanings:
(a) Accessible.— Shall mean any structure, building or facility with free access or entrance which does not have architectural barriers.
(b) Reasonable accommodations.— Shall mean the logical, adequate, or reasonable adjustment which allows or permits a person with physical, mental or sensory limitations, who is qualified for the job, to execute or carry out the tasks assigned to a job description or definition. It includes adjustments in the work area, construction of physical facilities, acquisition of specialized equipment, provision of readers, assistants, drivers, or interpreters, and any other action which reasonably facilitates the adjustment to the workplace of a person with physical, mental, or sensory limitations, and which does not represent an extremely onerous effort in financial terms.
It shall also mean the adequate or appropriate adaptation, modification, measure or adjustment that private or public institutions should perform in order to allow or enable a qualified person with disabilities to partake in society and become integrated in every aspect, including work, training, education, transportation, housing, recreation, and the acquisition of goods and services.
(c) Public and private institution.— Shall mean any association, society, federation, institute, entity, or natural or juridical person, including all public agencies, offices, bodies, corporations, and buildings, that carry out, offer or render any service, program, or activity, whether or not it receives any financial contribution or funds from the Government of Puerto Rico, or any employer covered under the provisions of § 507a of this title, regardless of whether or not it receives Commonwealth financial resources.
(d) Person with physical, mental or sensory disabilities.— Shall mean any person with a disability of a motor, mental or sensory nature which hinders or limits his/her inception or ability to work, study or enjoy life fully and who is qualified to carry out the basic functions of that work or field of study, with or without reasonable accommodation.
It shall also be understood that a person with disabilities, under the protection of this chapter, is any person whose disability substantially [limits] his/her performance in one or more of the main daily living activities, and who has a prior history of that condition, or is deemed to have said disability even if he/she does not have it.
For the purposes of this chapter, a sensory disability shall be deemed to be one which substantially affects hearing, sight, the sense of touch, the sense of smell, and speech.
Morbid obesity shall also be considered as such when said condition substantially limits a person in one or more of the principal activities of life, persons whose weight surpasses by one hundred percent (100%) their healthy and recommended weight by the general medical community.
(e) Qualified person with physical, mental, or sensory limitations.— Shall mean a person with a disability who, with or without reasonable accommodation, is qualified to carry out the essential tasks of an occupation in the job he/she maintains, retains or applies for, and who is willing and able to participate in all activities of a financial and civic-social nature of everyday life.
For the purposes of this chapter, the judgement of the employer as to what tasks are essential shall be taken into consideration. If an employer has prepared a written job description prior to announcing the availability of the position, such a description shall be considered as evidence of the essential tasks of the job.
(f) For the purposes of this chapter, the following shall not be deemed to be persons with disabilities:
(1) Homosexuals and bisexuals.
(2) Transvestites, transsexuals, pedophiles, exhibitionists, persons with sexual identity disorders which are not the result of physical disabilities, or persons with any other disorder of their sexual behavior.
(3) Compulsive gamblers, kleptomaniacs, and pyromaniacs.
(4) Addicts who are actively using illegal drugs, as defined in the Federal Controlled Substances Act. Active alcoholics are excluded as well.
(g) Extremely onerous effort in financial terms.— Shall mean an action that requires a substantial expense or difficulty when considered in the light of:
(1) The nature and the expense of the reasonable accommodation.
(2) The financial resources of the entity from which the accommodations are required, the number of employees in the establishment, the effect the reasonable accommodation will have on business operations.
(3) The kind of business carried out by the establishment.
(h) Employer.— Shall mean, for the purposes of this chapter:
(1) The Commonwealth of Puerto Rico, its agencies and instrumentalities and their subsidiaries, the municipalities and their agencies and instrumentalities.
(2) Any private or public institution. [Whether] or not it receives any financial contributions from [the] Government of the Commonwealth of Puerto Rico—which employs fifteen (15) employees or more, except that until July 26, 1994, an employer shall be deemed to be anyone who employs twenty-five (25) employees or more.
History —July 2, 1985, No. 44, p. 155, § 1; Dec. 20, 1991, No. 105, § 2; Aug. 8, 2000, No. 144, § 1; Sept. 7, 2004, No. 251, § 1, eff. 180 days after Sept. 7, 2004.