November 02, 2022

Puerto Rico Publishes Model Protocol for Expanded Sexual Harassment Law

You've Reached Your
Free Article Limit This Month
Register for free to get unlimited access to all OnPractice content.
Register Now

The Puerto Rico Department of Labor (PRDOL) has published the anticipated Model Protocol to Prevent and Manage Cases of Sexual Harassment in Employment. This comes following the enactment of Act 82-2022, which expanded coverage of the sexual harassment law (Act 17-1988) to interns, required employers to adopt a protocol, and directed the PRDOL to provide a model protocol.

The 16-page Model Protocol consists of 14 sections on such topics as its legal basis, applicability, and complaint processing. Significantly, the Model Protocol's definition of "investigation" provides that the investigator has the authority to obtain sworn statements from the parties and witnesses. The investigator also can obtain documents and other forms of evidence. Further, the Model Protocol's procedures to process both formal and anonymous complaints of sexual harassment allow the investigator 10 workdays to conclude the investigation. A written report must be issued within 30 days of the start of the investigation; an extension of up to 10 workdays is allowed. Finally, the PRDOL secretary has stated that employers can prepare and adopt their own protocols if they provide equal or greater coverage than the Model Protocol or Act 17-1988, as amended.

The PRDOL and the Women's Solicitor Office are collaborating to ensure employer compliance with Act 82-2022's amendments. "The idea behind this collaboration is not a punitive one, but rather, we seek to provide guidance and help employers comply with the law in an effort to reduce domestic violence and sexual harassment in the workplace," the PRDOL secretary said.

It is essential that employers adopt a compliant protocol and ensure its distribution to their workforce. Please contact a Jackson Lewis attorney if you need assistance revising or preparing a protocol or if you have any questions about the new requirements.

©2022 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

ALM expressly disclaims any express or implied warranty regarding the OnPractice Content, including any implied warranty that the OnPractice Content is accurate, has been corrected or is otherwise free from errors.

More From Jackson Lewis P.C.

Challenging OSHA Violations at Occupational Safety and Health Review Commission Is Worth the Effort

By Melanie L. Paul Jackson Lewis P.C. May 26 , 2023

It is more important than ever that employers understand the serious long-term, non-monetary consequences of settling or accepting Occupational Safety and Health Administration (OSHA) citations.

New Washington Law Regulates Warehouse Distribution Center Worker Quotas

By Kathryn J. Barry Jackson Lewis P.C. May 26 , 2023

A new Washington law regulating employers’ use of production quotas or production standards for employees working at warehouse distribution centers (House Bill 1762) will go into effect on July 1, 2024.

Sixth Circuit Adopts New Standard to Decide Whether to Send Notice to Potential FLSA Opt-Ins

By David R. Golder Jackson Lewis P.C. May 24 , 2023

In a highly anticipated decision, the U.S. Court of Appeals for the Sixth Circuit has ruled it will not use the lenient, two-step procedure in deciding whether to authorize sending notice of a collective action to other workers under the Fair Labor Standards Act (FLSA).

More From Litigation

SCOTUS to Warhol Foundation: Your Use of Previously Licensed Work Isn't Fair

By Steven J. Wadyka Jr. Greenberg Traurig May 26 , 2023

On May 18, 2023, the United States Supreme Court issued its long-awaited decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, a case that presented the Court with an opportunity to bring clarity to the often highly subjective standards lower courts apply when deciding the issue of fair use of visual works of art under copyright law.

Supreme Court Issues Decision Sharply Limiting Clean Water Act Jurisdiction over Wetlands

By Bernadette M. Rappold Greenberg Traurig May 26 , 2023

Sometimes the most monumental Supreme Court decisions spring from the most modest facts.

The New York Court of Appeals: A Triumph of Merit Selection

By Henry M. Greenberg Greenberg Traurig May 25 , 2023

The current court is a triumph of the merit selection process that New Yorkers voted for in 1977.

Featured Stories