P.R. Laws tit. 29, § 1352
The use of genetic information is hereby banned when making decisions regarding employment in government agencies, public corporations, municipalities and instrumentalities of the Commonwealth of Puerto Rico, the private sector, and unions. This ban shall apply to all aspects of the employment, including the hiring, salary, job duties, promotions, dismissals, training, fringe benefits, bonuses, or any other terms or conditions of employment.
Moreover, the hiring, selection, promotion, fringe benefits, training, or transfers shall be conducted in accordance with the merit principle as it is defined in subsection (d) of § 1351 of this title. Employers from both the government and the private sector are hereby banned from requiring that their employees or job applicants submit themselves to genetic tests, or from acquiring the genetic information of the employee or applicant by purchasing it or any other means. An employer shall not use genetic information to make employment decisions because said information is not relevant to determine the ability of a person to work. As an exception, the use of genetic information is permitted for the sole purpose of evaluating requests for reasonable accommodation in cases in which the disability that is claimed is one which is reflected in the genetic information of a person. Likewise, the use of genetic information is permitted to aid the employees with issues related to their health or wellbeing; or to monitor the genetic material due to the effects of toxic substances in the workplace; or when certain specific conditions are met such as:
(1) The employees provide their informed consent in writing, and such consent shall be given knowingly, freely, and voluntary, without coercion, violence, or intimidation for the purpose of providing his genetic information; and
(2) the monitoring is authorized by virtue of any federal or state provision.
History —Sept. 9, 2013, No. 107, § 2[sic]