Double Trouble for Employers? Puerto Rico Supreme Court Finds PR OPM Can Bring Dual Proceedings for Sex, Pregnancy Discrimination

Takeaways

• The Puerto Rico Supreme Court found that the Women’s Advocate Office (OPM) has the authority to investigate and fine public and private employers for violations of women’s rights under Puerto Rico constitution and laws, including employment laws.
• The court confirmed that the OPM may pursue simultaneous proceedings and file a complaint before the Puerto Rico courts on behalf of women who claim discrimination.
• The ruling means employers could face dual exposure, administrative penalties and court‑ordered remedies arising from the same alleged discriminatory actions.

Article

The Women’s Advocate Office (“OPM,” for its Spanish acronym) has the authority to investigate and fine public and private employers that violate women’s rights under Puerto Rico constitution and laws, including employment laws, the Puerto Rico Supreme Court has ruled.

Background

The OPM initiated an investigation against two private entities (a temporary employment agency and the client company where the employee was assigned to work) for alleged violations to a female contingent employee’s constitutional rights, as well as violations to several Puerto Rico discrimination statutes. The employee alleged that when she notified her employer of her pregnancy, she was required to provide a medical certificate to return to work but was never reinstated in her employment.

The OPM filed a complaint in state court on behalf of the employee, alleging sex and pregnancy discrimination under various Puerto Rico antidiscrimination statutes. Days later, the OPM instituted a parallel administrative proceeding under the same laws claimed before the Puerto Rico courts, as well as under its enabling law, Act No. 20-2001. As part of the administrative process, the OPM ordered the two entities to show cause as to why they should not be required to pay administrative fines totaling $60,000.

The entities moved to dismiss the administrative case, claiming the OPM lacked jurisdiction to investigate and fine employers under Puerto Rico employment laws. The employers argued, among other things, that the OPM’s powers should not be interpreted as conferring generalized jurisdiction to adjudicate employment law claims against private employers and that the OPM does not have the necessary expertise to examine such claims. The OPM denied the Motion to Dismiss, and the employers sought judicial review. The Court of Appeals sided with the employers, but the Puerto Rico Supreme Court reversed the Court of Appeals.

Supreme Court Decision

The Puerto Rico Supreme Court found that the administrative process before the OPM has a different purpose than a claim for damages filed before the courts, even when both proceedings arise under the same antidiscrimination statutes.

The OPM fines employers to ensure compliance with Puerto Rico public policy, while a court claim alleging violations to antidiscrimination laws provide damages and other remedies to the aggrieved employee, the high court explained. Thus, the OPM may file simultaneous complaints against the employers in its own administrative proceedings, to impose administrative penalties, and before the Puerto Rico courts, to seek remedies on behalf of the employee under the same statutes.

Implications

Employers should consider reviewing their employee handbooks, policies, and workplace practices related to sex, pregnancy, and lactation and ensure compliance with relevant laws.

Please contact a Jackson Lewis attorney with any questions or if you receive an OPM complaint.