Sexual harassment at work: Puerto Rico's Act 17
The two forms the law recognizes
Act 17 of 1988 defines sexual harassment as a form of sex discrimination and recognizes two forms. The first is quid pro quo: conditioning an employment decision (hiring, promotion, shift, continued employment) on accepting or rejecting sexual conduct. A single incident is enough.
The second is a hostile environment: unwanted sexual conduct that, by its severity or repetition, interferes with your work or creates an intimidating or offensive environment. There is no explicit trade here, so the whole picture is weighed: comments, images, physical contact, persistence after a "no".
Who answers for it
When the harasser is a supervisor or agent of the employer, employer liability is strict: it answers even if it did not know and even if it had prohibited the conduct. It is one of the strongest rules in Puerto Rico employment law, and it exists precisely because supervisory power is what makes the harassment possible.
When the harasser is a coworker, or even a non-employee (a client, a vendor, a visitor) the employer answers if it knew or should have known and failed to take immediate and appropriate action. The company must also maintain a written, publicized anti-harassment policy.
What to do and where to file
Say no, in writing if you can, and keep a copy outside the company's systems. Log every incident with date, time and witnesses. File the internal complaint: even if you do not trust HR, that is the day the employer's duty to act starts running, and it is on the record.
Externally you have two routes: the Anti-Discrimination Unit of the Department of Labor under Puerto Rico law, and the EEOC under Title VII. Both have short deadlines that run from the incident. You can also go straight to court under Act 17. You do not have to quit in order to file, and retaliation for filing is a separate violation.
Frequently asked questions
What if the harassment happened by text outside work hours?
It counts. What matters is the employment relationship, not the clock or the location. Texts, social media or calls from a supervisor at eleven at night are squarely covered, and they are also the easiest evidence to preserve.
Does the law apply to a small business?
Yes. Act 17 has no minimum employee count, unlike some federal statutes. It applies to public and private employers of any size, including employment agencies and labor organizations.
Official sources
- DTRH, Ley 17 de 1988 sobre hostigamiento sexual en el empleo
- Ayuda Legal PR, Hostigamiento sexual en el empleo
- EEOC, Acoso sexual
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Who writes this
MyPRjobs is made by one person in Puerto Rico who went through these processes: worked for a private agency, for the Government of Puerto Rico, and for the federal government. The guides are written from the official sources above and corrected when an agency changes a requirement.
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