P.R. Laws tit. 29, § 194a

2019-02-20
§ 194a. Discrimination at place of employment for sharing testimony; cause for action—Prohibition; violation; civil liability

(a) No employer may discharge, threaten, or discriminate against an employee regarding the terms, conditions, compensation, location, benefits or privileges of the employment should the employee offer or attempt to offer, verbally or in writing, any testimony, expression or information before a legislative, administrative or judicial forum in Puerto Rico, when such expressions are not of a defamatory character nor constitute disclosure of privileged information established by law.

(b) Any person claiming a violation of §§ 194 et seq. of this title may prosecute a civil action against the employer within three (3) years from the date in which the violation took place and request compensation for unearned salaries, benefits and attorney’s fees for the real damages suffered, for mental anguish, and reinstatement in his/her job. The employer’s liability regarding the damages and the unearned salaries shall be double the amount determined as having caused the violation of the provisions of §§ 194 et seq. of this title.

(c) The employee shall show proof of the violation through direct or circumstantial evidence. The employee shall furthermore establish a prima facie case of violation of the act by proving that he/she participated in an activity protected by §§ 194 et seq. of this title and that he/she was subsequently discharged, threatened or discriminated against regarding his/her employment. Once the aforesaid has been established, the employer shall claim and provide a non-discriminatory legitimate reason for the discharge. Should the employer claim and provide such a reason, the employee should demonstrate that the alleged reason provided by the employer was a mere pretext for the discharge.

History

—Dec. 20, 1991, No. 115, § 2.