Puerto Rico Publishes Model Protocol for Expanded Sexual Harassment Law

On 28 September 2022, the Governor of Puerto Rico signed into law Act No. 82-2022, that amended Act No. 17-1988 (“Law to Prohibit Sexual Harassment in the Workplace”) and requires employers to implement a protocol to manage sexual harassment incidents in the workplace.
On 8 November 2022, the Puerto Rico Department of Labour (PRDOL) published the Model Protocol that employers have to adapt to investigate sexual harassment allegations.

The law also details what the protocol must provide, such as a statement providing that sexual harassment is illegal, legal provisions under which the protocol is adopted as well as its purpose and definitions.

Moreover, it has to indicate the person in charge of handling sexual harassment allegations and his/her duties, the description of the process to report complaints, the measures to maintain confidentiality, examples of the prohibited conduct and provisional measures that can be adopted to protect the victim.

The Model Protocol consists of 14 sections on such topics as its legal basis, applicability, and complaint processing.

It states that the investigator has the authority to obtain sworn statements from the parties and witnesses as well as documents and other evidence.

It also provides formal procedures as well as anonymous complaints of sexual harassment.

According to the Model, the investigator has ten workdays to conclude the investigation and must write a final report within 30 days of the start of the investigation.

Alternatively, employers may also prepare their protocols as long as they include provisions equal or superior to those in the model protocol.

The Government recommended that employers initially or temporarily adopt the model protocol as their own for compliance purposes and to revise the document later or adopt a new compliant protocol that is aligned with their workplace if needed.

It also announced the renewal of a collaboration agreement with the Women's Advocate Office (OPM, for its Spanish acronym) to verify employer compliance with the adoption of domestic violence and sexual harassment protocols.

Inspections will be carried out by the Puerto Rico Occupational Safety and Health Administration (PROSHA) of the PRDOL, which will refer noncompliant employers to the OPM, aiming to provide guidance and help employers comply with the law to reduce domestic violence and sexual harassment in the workplace.

It is essential for employers to adopt a compliant protocol and to ensure its distribution to their workforce.