Key labor laws to protect women that every employer should know

Learn about some of the legal provisions to safeguard female employees’ rights in Puerto Rico.

People are the most valuable resources in any workplace, regardless of its size. Therefore, it is essential that business owners be fully aware of labor rights that guarantee a safe and dignified work environment for all their employees, without discrimination and with equal pay.

In recent years, Puerto Rico’s workforce has been distributed almost equally between men (51%) and women (49%), according to data from the 2022 United States Census. However, it is important to highlight that the number of women in the island’s workplaces is increasing every year, according to the Puerto Rico Department of Labor report on Women’s Participation in the Workforce in 2019.

Given this projection, it is imperative that owners of any size businesses, including owners of small and medium-sized enterprises (SMEs), be familiar with the laws that protect working women on the island. It is also important that they implement the necessary protocols in their operations, said Isabel Soto, president of the Puerto Rico Chapter of the Society for Human Resources Management.

Soto shared some of the most notable laws that protect female employees:

1. Law Against Sex-Based Discrimination in the Workplace
   
   The purpose of this law is to ensure equal labor rights while also prohibiting employers from discriminating based on gender, including due to pregnancy, childbirth, or related medical conditions, when hiring, firing, or compensating employees.
   
   “In the case of female employees, they cannot be suspended, reclassified or fired based on their gender or pregnancy status,” Soto added.
   
   The human resources expert highlighted the importance of employers being informed about how unconscious bias can manifest in the workplace when recruiting, firing, or promoting people.
   
   “Organizations must work to actively recognize and address these biases through ongoing training and by creating a work culture that promotes equal opportunity,” she pointed out.
   
   
2. Equal Pay Act
   
   The objective of this law is to eliminate the wage gap between men and women, prohibiting unjustified wage differences for employees who perform roles that require equal duties, skills, effort, and responsibilities under similar working conditions. SME owners must ensure that both men and women receive equal pay for equal work. Soto explained that to perform any salary differentiation, it is necessary to comply with the legal requirements and the exceptions contemplated in the law.
3. Law to Prohibit Sexual Harassment in the Workplace
   
   This law prohibits sexual harassment in the workplace and applies to both men and women. Soto highlighted the importance of employers establishing clear protocols to address and handle cases of sexual harassment, which should include the dissemination of said protocols in the workplace and training for both employees and supervisors.
   
   
4. Working Mothers Act
   
   The Working Mothers Act aims to guarantee specific workplace protections for pregnant and adopting mothers, ensuring rest and the corresponding salary.
   
   Soto indicated that pregnant employees have the right to enjoy a maternity leave of four weeks prior to childbirth and four weeks after giving birth. If the employee so wishes, she can choose to take only one week of maternity leave before childbirth and extend the leave up to seven weeks post-birth if she provides the employer with the corresponding medical documentation.
   
   In the case of adoptions, female employees who adopt a child under five years of age are entitled to the same maternity leave benefits as employees who give birth. In the case of adoption of a child aged six years or older, a maternity leave of up to five weeks is granted.
   
   
5. Law to Regulate the Period for Breastfeeding or Breast Milk Extraction
   
   The Law to Regulate the Period for Breastfeeding or Breast Milk Extraction contemplates the rights of nursing mothers. These mothers can breastfeed their babies for up to 12 months after returning to work. This period can be extended every four months with a medical certification. Employers must allow nursing mothers one hour a day if they are full-time employees, or half an hour if they are part-time employees. The human resources expert emphasized that companies must provide a private, safe, and hygienic space for breastfeeding, which cannot be a restroom.
   
   
6. Protection for Victims of Gender Violence
   
   There are laws, orders, and protocols that protect workers in cases of gender violence, such as the Law to Implement Workplace Protocols Against Domestic Violence, the Law on Special Leave for Employees in Situations of Domestic Violence, Sexual Harassment, Assault Sexual or Serious Stalking, and the Law Against Employment Discrimination (which prohibits employment discrimination in various categories, including being a victim or a perceived victim of domestic violence, sexual assault, or stalking), among others.
   
   These legal provisions allow employees of any gender to report violent incidents that endanger their safety to their employer, without having to file a police report. In addition, they require employers to establish safety protocols to address harassment and stalking of employees in the workplace. They also prohibit employment discrimination for being a victim or being perceived as a victim of domestic violence, sexual assault, or stalking.
   
   If an employee does not want to appear in court to request a domestic violence protection order but this situation affects her work, the employer can request a protection order from a court to safeguard both the employer and the employee and prevent acts of violence in the workplace, Soto explained.
   
   “It is especially important that SMEs designate a coordinator to implement these protocols if they do not have a human resources department. This coordinator can be a manager given that someone must determine how to activate these protocols. Everything must be documented in writing and remain confidential,” she pointed out.

Soto reiterated the importance of business owners staying up to date on labor laws, which are constantly changing, as failure to comply with these regulations can result in fines or an operations closedown. If a business does not have a human resources department, she suggested seeking external advice and identifying a person within the company who will oversee the creation and implementation of protocols and processes to ensure female employees’ rights and safety. In addition, Soto recommended routinely reviewing protocols, training employees and managers, and being prepared to address situations related to the rights of female workers.

This article was prepared in accordance with current labor laws. Banco Popular de Puerto Rico (“Popular”) is not responsible for subsequent amendments to laws that may affect the content of this article. Popular has no affiliation or relationship with the people or entities mentioned in this article. This article is for informational purposes only and does not constitute an endorsement or guarantee of its accuracy. Neither Popular nor its affiliates, subsidiaries or related companies are, nor will they be, liable for any special damages, direct or indirect, resulting from the use of the information contained in this article, which was not prepared by Popular. Popular is dedicated to providing financial services and is not dedicated (directly or indirectly) to providing services related to this content. If you require any related service, you must request advice from a competent professional of your choice.

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