Puerto Rico: Right to Religious Freedom Accommodations

The Act sets forth the procedure for making and responding to religious accommodation requests.

If an employee makes a request for an accommodation, employers are required to respond, in writing, within seven business days, though this time period may be shorter depending on the nature of the request.  If the employer fails to provide a written response, it will be assumed the employer accepts and will grant the accommodation request.

If the request is denied, the employer must provide, in writing, a detailed explanation why the requested accommodation was unreasonable.  Note that the Act states that the employee’s preferred accommodation must be granted, unless the employer can prove that, compared to all alternative reasonable accommodation methods, the employee’s preferred method poses undue hardship.

If unable to agree upon a reasonable accommodation, employees can file a claim with the Puerto Rico Department of Labor and Human Resources.  Employers who fail to engage in the accommodation process, or who retaliate against employees for requesting an accommodation, may face an administrative penalty from $1,000 to $5,000.

 Action Items

1. Review the text of the Act here.
2. Arrange for training of managers and supervisory staff on the interactive process for requesting an accommodation.
3. Have employee handbooks or other policy documents updated to inform employees of the religious accommodation request procedure.
4. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.