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November 2022: Puerto Rico Expands Coverage of Sexual Harassment Law

17 Nov

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Update Applicable to: 
All employers in Puerto Rico.

What happened?
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 sexual harassment protocol.

What are the details? 
Under the law, sexual harassment is:

  • Any unwelcome sexual advances;
  • Making sexual favors a condition of employment or the basis for employment decisions; or
  • Subjecting an employee to a hostile work environment.

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, enacted 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 adopt a model protocol designed by the PRDOL. Oddly, the law does not provide a date by which the PRDOL must make available the model protocol.

Employers can design and adopt the model protocol if it is not adopted. At a minimum, the protocol must provide the following:

  1. A statement providing that sexual harassment is illegal;
  2. Legal provisions under which the protocol is adopted;
  3. Its purpose, including zero tolerance policy;
  4. Definitions;
  5. Person in charge of handling sexual harassment allegations, duties of the person/position, description of the process to report complaints, including persons and contact information of the persons to whom the complaints should be sent;
  6. Who can file an internal complaint for sexual harassment, including the process to follow, which must allow for verbal, written, or anonymous complaints;
  7. Measures to maintain confidentiality;
  8. An anti-retaliation statement;
  9. Examples of the prohibited conduct;
  10. The process to designate the person who will investigate the complaint;
  11. Provisional measures that can be adopted to protect the victim;
  12. Other remedies available, including judicial and administrative, and instructions on how to contact these agencies;
  13. Information about the federal and local provisions regarding sexual harassment; and
  14. A form that could be used to report sexual harassment allegations.

Act 82-2022 also directs the PRDOL to create a special portal for employees to report to the PRDOL sexual harassment complaints.

Employers must adopt a compliant protocol and ensure its distribution to their workforce. Don’t hesitate to contact a Jackson Lewis attorney if you need assistance revising or preparing a protocol or have any questions about the new requirements.

For more information, please see the links below:

Article 1Article 2

What do employers need to do?
Employers should review the links above and make changes to their protocols when handling sexual harassment.

Need help understanding how changes to employment laws will affect your business?

Learn more about how Vensure's Puerto Rico PEO services can help you navigate complex employment laws and keep your business compliant.


This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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