Editor of the Labor & Employment Newsletter

Kayra D. Montañez

     
On June 18, 2004, the Governor signed a new Puerto Rico Criminal Code (Law 149 of June 18, 2004). The new Penal Code will be effective on May 1, 2005. Among its provisions, the Criminal Code classifies sexual harassment as a Misdemeanor.
Specifically, Article 147 typifies sexual harassment as “Any person, who in an employment relationship, request favors of a sexual nature for him/herself or for a third party and who subjects the conditions of employment or services to their fulfillment, or who through sexual behavior provokes a hostile, intimidator and humiliating environment for the victim, will incur in a misdemeanor”. Any person who incurs in this crime will bear a penalty that consists of an individualized fine up to $5,000.00 or confinement up to ninety (90) days; an individualized penalty fine according to the situation of the convict, not greater than ninety (90) days, or confinement or domiciliary arrest in natural days up to ninety (90) days, or a combination of these penalties which total sum in days cannot exceed ninety (90) days.