P.R. Laws tit. 29, § 1328

2019-02-20 00:00:00+00
§ 1328. Unfair labor practices—Bona fide job requirement

The exception to the job classification on account of sex based on the term “bona fide job requirement” as defined in this chapter shall be interpreted restrictively.

To such purposes, the following situations, without being a limitation, do not justify the use of the bona fide job requirement exception:

(a) To refuse to employ a woman on account of her sex, based on the presumptions of comparative employment characteristics of women in general.

(b) To refuse to hire a person using stereotyped descriptions of the sexes. The nondiscrimination principle requires that individuals be considered on the grounds of their individual characteristics and not on the grounds of any characteristic currently attributed to the group.

(c) To refuse to hire a person because of the fellow-workers’, employer’s or client’s preferences.

Sex shall be deemed a bona fide job requirement when it is necessary for the purpose of authenticity or legitimacy.

History —July 6, 1985, No. 69, p. 236, § 8.