P.R. Laws tit. 1, § 505
Private or public institutions shall not practice, put into effect or use discriminatory employment procedures, methods, or practices against persons with any kind of physical, mental or sensory disability just for the sake of said handicap. This prohibition includes the recruitment, compensation, fringe benefits, reasonable accommodation and access facilities, seniority, participation in training programs, promotion or any other term, condition or privilege in the employment. The application for employment or service shall not demand the applicant to indicate if he/she has or has previously had any physical, mental or sensory disability. Doing so, shall create a presumption that said entity does discriminate because of disability and shall have the burden of proof to prove otherwise should a complaint be brought against the entity, as established in § 509 of this title.
An employer may ask whether a candidate has a disability when the latter is required to take a performance test that is required for all applicants in order to be considered for the position applied for. In all other cases in which a test of this nature is not required, the candidate shall not be asked whether he/she has a disability until he/she has been offered and has accepted the position, and he/she may only be asked for reasonable accomodation purposes. Furthermore, the following actions shall also be deemed to be discriminatory practices, without being limited thereto:
(1) To execute agreements, contracts or subcontracts with third party, to perpetuate, limit, segregate or classify a job applicant or employee in such a manner that he/she is not hired or promoted in his/her job.
(2) To exclude or deny or otherwise prevent a qualified person, with or without a disability, from obtaining benefits or a job due to his/her association with or relationship to a person who has a disability or is associated with a person who suffers from a disability even when he/she does not have said disability.
(3) To deny employment to a qualified person with physical, mental, or sensory limitations when this denial is based on the intention of not providing reasonable accommodations.
The Disabled Persons Investigating Official is hereby empowered to draft regulations to enforce the provisions of this section.
History —July 2, 1985, No. 44, p. 155, § 5; Dec. 20, 1991, No. 105, § 6.