P.R. Laws tit. 29, § 469

2019-02-20
§ 469. Working mothers’ protection—Discharge for pregnancy forbidden

The employer shall not, without just cause, discharge a pregnant woman or a woman who adopts a child pursuant to the legislation and legal procedures in force in Puerto Rico or in any jurisdiction of the United States of America. Diminished performance in work, due to the state of pregnancy, shall not be understood as just cause.

(a) Any employer who dismisses, suspends, reduces the salary, or discriminates in any manner against a worker for reason of a decrease in productivity while in the state of pregnancy, or who refuses to reinstate her in her position after childbirth or adoption of a child pursuant to the legislation and legal procedures in force in Puerto Rico or in any jurisdiction of the United States of America, shall incur in civil liability and shall pay a sum equal to twice the amount of the damages caused to the female worker, or a sum of not less than one thousand dollars ($1,000) or more than five thousand dollars ($5,000), at the discretion of the court, if pecuniary damages cannot be determined, or double the amount thereof, should the total amount be less than one thousand dollars ($1,000).

The female employee shall also be entitled to be reinstated in her position, under penalty, for the employer, of incurring in additional damage identical or equal to those established in this section.

History —Mar. 13, 1942, No. 3, p. 284, § 4; June 19, 1969, No. 39, p. 73, § 2; Mar. 10, 2000, No. 54, § 3.