Puerto Rico Supreme Court Issues Landmark Decision on Workplace Harassment Claims Under Act No. 90-2020

By: Alejandra Arnaldy Figueroa

On September 21, 2026, the Supreme Court of Puerto Rico issued its first opinion interpreting Act No. 90-2020 (“Act 90”), Puerto Rico’s Workplace Harassment Act, providing important guidance on the procedural requirements applicable to workplace harassment claims.

Specifically, in Reyes Cobián v. APPR, 2026 TSPR 99, the Court recently held that an employee is not required to pursue the employer’s internal workplace harassment complaint procedure where the employer has failed to adopt the protocol mandated by Act 90. However, as part of this decision, the Court reaffirmed that employees must still file their claims in the Judiciary’s Alternative Dispute Resolution Bureau (the “Bureau”) before filing a civil action under Act 90. The Court further explained that an employee’s failure to comply with this statutory requirement cannot be cured by a referral to the Bureau after a lawsuit has been filed. Accordingly, because the employee in this case did not file the claim in the Bureau before filing suit, the Court affirmed the Puerto Rico Court of Appeals’ dismissal of the Act 90 cause of action.

The Court’s decision distinguishes between two separate procedural requirements established by Act 90: the employer’s internal workplace harassment complaint process and the filing of claims before the Bureau. While the absence of an internal workplace harassment protocol may excuse the first requirement, it does not waive the employee’s obligation to comply with the second before filing a civil action.

Importantly, the decision serves as a reminder that employers should not view Act 90 compliance as merely a legal formality. Maintaining a workplace harassment protocol that satisfies the statute provides a structured mechanism for reporting, investigating, and addressing concerns in the workplace while promoting a culture of compliance and accountability. It also affords employers the opportunity to address complaints internally, potentially resolve issues before they escalate into formal disputes, and preserve the employer-side exhaustion mechanism contemplated by Act 90. As the Supreme Court’s decision demonstrates, the existence of a compliant protocol can have meaningful implications in subsequent litigation and should therefore remain a key component of every employer’s compliance strategy.

As Puerto Rico courts continue to shape the practical application of Act 90, employers should take this opportunity to evaluate their workplace harassment policies, reporting procedures, and complaint-handling practices. Our Labor and Employment Practice Group regularly assists employers with policy drafting and review, workplace investigations, supervisor training, compliance audits, and litigation prevention strategies. We work closely with employers to ensure that their workplace policies comply with current legal requirements while supporting effective employee relations practices and sound risk management.

If you would like assistance in evaluating your organization’s Act 90 compliance or reviewing your workplace harassment policies and procedures, please contact a member of our Labor and Employment Practice Group.