October 4, 2022
Governor Pierluisi signed into Law, Act 82-2022, which amends Puerto Rico’s sexual harassment law. Act 82 expands coverage to interns and requires employers to adopt a protocol to investigate sexual harassment allegations.
Employers may adopt a model protocol to be created by the Puerto Rico Labor Department or use their own.
The protocol must have a complaint form and include the following:
- A statement prohibiting sexual harassment at the workplace
- Legal basis
- A purpose statement preventing and prohibiting sexual harassment
- A designated person to handle sexual harassment complaints
- In case an employer has more than five employees, the protocol must include the process to file a complaint
- A statement as to who can file an internal complaint and available options including verbal, written or anonymous complaints
- Confidentiality measures
- Anti-retaliation measures
- Sexual harassment examples
- Process to designate and adjudicate complaints
- Provisional measures
- Available forums
- Legal dispositions
- Complaint form
We are available to discuss and to assist on revising and preparing a sexual harassment protocol if needed.
©2022 Jiménez, Graffam & Lausell. This material is provided for informational purposes only and it is not intended to constitute legal advice, nor does it create a client-lawyer relationship. Please consult with counsel before taking any actions based on the information contained within this material.