March 29, 2017
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Puerto Rico has enacted legislation prohibiting gender-based pay discrimination among employees in jobs that require equal skill, effort and responsibility and are performed under similar working conditions. Employers are not considered to be in violation of the Act if pay inequities exist when decisions regarding compensation are based on one of the following:
The Act specifically requires that:
Employers may ask applicants to confirm current and past compensation after a job offer with a specific pay rate has been made. Employers found to in violation of the Act may be liable for back pay and penalties equal to double the back pay owed the employee(s). The employer may also be liable for the employee’s court costs and attorney fees. Employers may avoid penalties if they choose to conduct regular (at least annual) "self-evaluations" of their compensation practices
The Act is one of several significant changes Puerto Rico has recently made to its laws regarding employment.