SCMP Breaking News - Labor & Employment
Year 7, Vol. 4 - October 1, 2022
On September 28, 2022, the Governor of Puerto Rico, Hon. Pedro Pierluisi Urrutia, signed Law 82 to amend Law 17-1988 regarding sexual harassment.
This new law amends Law 17-1988 as follows:
To include unpaid interns within the definition of the term "emplovee" as defined in the statute.
Employers are now required to prepare and disseminate a protocol to manage sexual harassment situations in the workplace. Furthermore, the new law requires that the protocol to be implemented by employers contain a minimum of fourteen (14) requirements, including, among others, the following:
A definition of terms.
The designation of personnel in charge of sexual harassment matters and their responsibilities. If the emplover has more than five (5) employees, it must have a description of the process for filing internal complaints of sexual harassment and the names and contact information of the person(s) to whom complaints should be submitted.
The measures taken to maintain confidentiality.
Other legal remedies and fora available for victims (judicial and administrative and instructions on how to contact those agencies.
The information about federal and state laws relating to sexual harassment, resources available to victims, and an express statement that other laws may also apply.
Include a complaint form for emplovees to report incidents of sexual harassment. Such form shall provide, among other things, a space to indicate whether there have been prior complaints of sexual harassment.
Under Law 82, the Puerto Rico Department of Labor and Human Resources ("DTRH") and the Women's Advocate Office will issue a model protocol. Likewise, the DTRH will design a model complaint form. Employers may adopt the protocol and complaint form created by the DTRH or implement their own protocol and complaint form, so long as they incorporate the same or superior standards than the minimum standards established by the DTRH.
In addition, pursuant to Law 82-2022, the DTRH and the Women's Advocate Office will create an exclusive online site (hostigamientosexual.pr.gov) to publish information as to the laws and resources related to sexual harassment. Likewise, through said portal, individuals will be able to file complaints of sexual harassment online.
What should employers do?
Prepare a protocol for managing sexual harassment situations in the workplace which complies with the requirements established by Law 82-2022.
Review and amend all applicable employment policies and procedures, including employee manuals.
Provide trainings and guidance to Human Resources personnel, managers, supervisors and all employees regarding sexual harassment and the newly implemented protocol.
NOTE: The new law became effective immediately upon its enactment.
Remember that, while we have provided a general guide of the most significant and impactful changes contained in the new law, the new law's changes may impact your business in different ways. SCMP can assist you and provide you with more detailed advice, based on your company's specific needs.
If you have any additional questions, contact us at (787) 945-0380
Because of the general nature of this newsletter, nothing herein should be construed as legal advice or a legal opinion. SCMP Breaking News and all its content is property of Silva-CofresÃ, Manzano & Padró, LLC
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