Employment discrimination in Puerto Rico: what Act 100 protects

What they cannot discriminate against

Act 100 of 1959 is the foundational anti-discrimination employment statute in Puerto Rico. The original text covered age, race, color, religion and social origin or condition; later amendments widened the list, which today also includes sex, national origin, political affiliation and political or religious beliefs, and being (or being perceived as) a victim of domestic violence, sexual assault or stalking.

It applies to hiring, dismissal, promotion, pay, shifts and working conditions. The employer does not have to say it out loud: discrimination almost never announces itself, and what gets examined is the pattern of decisions, not the stated intent.

• Age, race, color and national or social origin
• Sex and social condition
• Religion and religious beliefs
• Political affiliation and political beliefs
• Being a victim of domestic violence, sexual assault or stalking

What changed in 2017

The 2017 labor reform (Act 4-2017) removed the presumption of discrimination that Act 100 used to give the employee. Before, proving the dismissal and membership in a protected category shifted the burden to the employer to show just cause. Now it is on you to present evidence that the decision was made for that reason.

In practice that means evidence matters more than ever, and it gets built before you need it. Comments in writing, shift changes that started right after you spoke up, good evaluations followed by a bad one with no explanation: that is what holds a case up.

Where to file

There are two routes and they are not mutually exclusive. The Anti-Discrimination Unit of the Department of Labor and Human Resources handles claims under Puerto Rico law. The federal EEOC handles those falling under Title VII, ADA and ADEA, and has a worksharing agreement with the Anti-Discrimination Unit, so filing with one usually counts for the other.

Deadlines are short and they run from the incident, not from when you learn your rights. If you believe you were discriminated against, ask about the applicable deadline as soon as it happens, even if you have not decided what to do. Missing the deadline is the most common way to lose a winnable case.