Puerto Rico Governor Alejandro García Padilla has signed legislation barring employers from discriminating against any employee or employment candidate on the basis of his or her sexual orientation or gender identity. Senate Bill No. 238, signed May 29, 2013, amends Puerto Rico’s Anti-Discrimination Statute, Act No. 100 of June 30, 1959, as amended, and is effective immediately.
As with other protected categories (such as race, color, sex, age, marital status and social origin or condition), an employee or applicant for employment who is a victim of discrimination on the basis of sexual orientation or gender identity may be entitled to reinstatement and to a sum equal to twice the amount of damages sustained on account of the discriminatory act. In addition, an individual who commits a discriminatory act could be charged with a misdemeanor, and, upon conviction, could be punished by a fine of up to $5,000 or by imprisonment in jail for a term not greater than 90 days, or by both, at the discretion of the court.
Employers should consider revising their policies to comply with the new protected categories. If you have any questions about this or other workplace developments, please contact the Jackson Lewis attorney with whom you regularly work.
©2013 Jackson Lewis P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome.
Focused on labor and employment law since 1958, Jackson Lewis P.C.'s 950+ attorneys located in major cities nationwide consistently identify and respond to new ways workplace law intersects business. We help employers develop proactive strategies, strong policies and business-oriented solutions to cultivate high-functioning workforces that are engaged, stable and diverse, and share our clients' goals to emphasize inclusivity and respect for the contribution of every employee. For more information, visit https://www.jacksonlewis.com.
