Supreme Court Reaffirms OPM’s Authority to Impose Administrative Fines

On December 30, 2025, the Supreme Court of Puerto Rico issued an Opinion in Oficina de la Procuradora de la Mujeres v. Corteva Agriscience Puerto Rico, Inc. et al., 2025, TSPR 146, reaffirming the authority of the Office of the Women’s Advocate (OPM) to investigate, regulate, and impose administrative fines on employers who violate women’s rights in the workplace. The Court emphasized that the OPM’s enforcement powers operate alongside judicial remedies and serve a distinct purpose in advancing the Commonwealth’s public policy against sex and pregnancy discrimination.

The case arose after Erilyn Ramos Santiago, a temporary employee, alleged pregnancy discrimination when two employers stopped offering her work following her announcement that she was pregnant. The OPM initiated an administrative investigation and proposed fines of up to $10,000 per violation under three statutes: the Puerto Rico Anti‑Discrimination Act (Law No. 100 of June 30, 1959), the Act to Guarantee Equal Employment Rights (Law No. 69 of July 6, 1985), and the Working Mothers Protection Act (Law No. 3 of March 13, 1942). The employers challenged the OPM’s jurisdiction to address discrimination claims under these laws, arguing that exclusive authority rested with the courts. The Court of Appeals agreed, concluding that the OPM lacked the authority to intervene in labor‑related disputes.

The Puerto Rico Supreme Court reversed, holding that the OPM’s enabling statute, Law No. 20‑2001, expressly empowers the agency to oversee workplaces where women are employed and to enforce compliance through administrative sanctions. In its analysis, the Court explained that administrative fines serve a purpose distinct from judicial awards of damages. While courts adjudicate liability and compensation, agencies like OPM are tasked with ensuring compliance, deterring violations, and vindicating the public interest. The Court rejected the argument that the existence of judicial remedies limits an agency’s ability to act, noting that both forums advance the same public policy through different mechanisms. Stripping the OPM of its investigative and sanctioning powers, the Court warned, would undermine the agency’s mission and contradict legislative intent.

This decision carries significant implications for employers operating in Puerto Rico. Companies now face dual exposure: administrative fines imposed by the OPM and potential civil liability in the courts. Employers should anticipate more assertive administrative enforcement, particularly in cases involving pregnancy discrimination and gender‑based workplace inequities. To mitigate risk, employers should review and update their anti‑discrimination policies, ensure supervisors receive proper training, maintain thorough documentation of employment decisions, and approach administrative proceedings with transparency and diligence.

If you have questions about this Supreme Court decision or its implications for your business, please contact our Labor and Employment Practice Team.