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
  • Definitions
  • 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.