January 2026 | Client Alert
In a recent decision—Oficina de la Procuradora de las Mujeres v. Corteva Agriscience Puerto Rico, Inc., et al., 2025 TSPR 146 (December 30, 2025)—the Supreme Court of Puerto Rico confirmed the Office of the Women’s Advocate (Oficina de la Procuradora de las Mujeres – “OPM”) has broad authority to investigate private employers and impose administrative sanctions for violations of Puerto Rico laws protecting women in the workplace. This new case discusses the scope of OPM’s jurisdiction and the potential exposure of private employers in Puerto Rico.
The Court held that OPM’s legal mandate extends to workplace conduct affecting women, including alleged violations of Puerto Rico employment anti- discrimination laws based on sex and pregnancy. In particular, the Court recognized OPM’s enforcement authority under laws such as Puerto Rico Laws Nos. 3 (maternity), 69 and 100 (sex discrimination), which traditionally have been enforced primarily through private civil actions filed in court.
A key aspect of the ruling is the distinction drawn between administrative enforcement and judicial relief. While only the courts may award damages, reinstatement, back pay, or emotional distress damages, the OPM may simultaneously conduct administrative investigations and impose fines of up to $10,000 per violation.
Importantly, this decision means that employers may now face parallel proceedings arising from the same set of facts. An employee or the OPM may pursue a civil lawsuit in court while the OPM simultaneously investigates the employer and seeks administrative penalties. The Court rejected arguments that enforcement of labor discrimination laws is reserved solely to the courts or to the Department of Labor and Human Resources. As a result, an employer may face simultaneous exposure arising from the same set of facts—namely, a civil lawsuit filed by an employee or the OPM on her behalf-, and a separate administrative investigation and sanction process initiated by OPM.
The ruling is particularly relevant for employers confronting claims involving pregnancy, maternity, sex-based discrimination, or unequal treatment in the workplace. It also underscores the risks associated with employment relationships involving temporary workers and staffing agencies, where responsibility and control may be shared among multiple entities.
This holding is fully consistent with the enforcement authority long vested in OPM under its enabling law (Puerto Rico Law No. 20-2001), which expressly grants the agency investigative, quasi-judicial, and sanctioning powers over both public agencies and private entities. OPM’s role as an enforcement body in the employment context is not new. It aligns with prior enforcement actions pursued by OPM, including administrative proceedings involving compliance with lactation and breastfeeding legal requirements, sexual harassment, and other women’s protective employment laws. The December 2025 decision thus confirms and reinforces an established regulatory framework under which OPM has routinely exercised its authority to investigate private employers, request information, require corrective action, and impose administrative penalties when workplace practices violate Puerto Rico’s public policy protecting women.
Considering this precedent, preventive compliance is now more important. Employers should ensure their anti-discrimination policies are up to date, that pregnancy-related issues are handled consistently and lawfully, and employment decisions are carefully documented. An early legal assessment is strongly recommended when an investigation or complaint arises, especially where both administrative and judicial exposure may be present.
O’Neill & Borges LLC remains available to assist clients in evaluating the impact of this decision, responding to OPM investigations, and strengthening compliance strategies to mitigate risk.
For additional information or assistance, please contact your regular O’Neill & Borges attorney or write to info@oneillborges.com.
This O’Neill & Borges Client Alert is prepared for general information purposes only. It does not constitute legal advice or a legal opinion; nor does it establish an attorney-client relation with the recipient. For further information or to establish an attorney-client relation please contact us at info@oneillborges.com or your prime contact attorney at O&B.