P.R. Laws tit. 29, § 1327
Notwithstanding the provisions of this chapter, it shall not be deemed as an unfair labor practice:
(a) For an employer to contract or recruit employees; for an employment agency to classify or refer any person for employment; for a labor union to classify its members, or classify or refer any person for employment; that an employer, labor union, joint labor-management committee that controls apprenticeship, training or retraining programs admits or recruits any person in any of said programs, based on their sex, in those circumstances in which the sex of the person is a reasonably necessary bona fide job requirement for the normal operation of said specific firm or business.
(b) For an employer to fix several types of compensation, or different working terms, conditions or privileges as the result of a bona fide merit or seniority system or a system which measures profits in terms of quantity or quality of the production, or to employees that work in different positions, provided said differences are not the outcome of an intention to discriminate on account of sex.
(c) That an employer acts according to the results of a professional ability test, provided that the test, its administration and the action taken with respect thereof is not designed or used to discriminate on account of the person’s sex.
History —July 6, 1985, No. 69, p. 236, § 7.