Reported by The Star Staff
The island’s Legislature is named as the defendant in employee claims reaching $165 million in U.S. District Court, which have been put on hold by the Puerto Rico Oversight, Management and Economic Stability Act (PROMESA).
This information was included in a report from the commonwealth’s comptroller’s office (OCPR, according to its Spanish initials), released in late August. The report examines the negative implications of layoffs, disciplinary measures, and other personnel changes within the legislative sector on government finances.
Specifically, the OCPR reviewed lawsuits, verdicts, and settlements related to workplace harassment, sexual harassment, and political discrimination. The OCPR requested documents from nine organizations, receiving responses from eight, while the island Senate did not provide the requested materials for the investigation.
The investigation indicated that, on June 21, 2022, the General Court resolved a workplace harassment case favorably for the Civil Rights Commission, which had been initiated by two employees without a specified claim amount. Additionally, 108 officials initiated four civil lawsuits in federal court, seeking $165 million, which are currently stalled by PROMESA.
The legal actions were based on dismissals, disciplinary measures, or other personnel decisions made for politically motivated reasons, with none related to sexual harassment or workplace harassment.
The defendants include the House of Representatives, the Capitol Superintendency, and the Office of Legislative Services of the Puerto Rico Legislature. A judgment in favor of the employees would place a heavy burden and present negative implications for the entities of the legislative branch.
Conversely, four organizations confirmed that they had no complaints or personnel actions from January 1, 2018, to June 30, 2023, which is the period examined by the special report. These include the OCPR, the Joint Commission on Special Reports of the Comptroller, the Joint Special Commission on Legislative Funds for Community Impact, and the Office of the Citizen’s Advocate. The OCPR does have ongoing complaints that will be assessed in a forthcoming report.
The special report suggests that the Secretary of Justice should offer guidance to key officials of the Legislature regarding the negative consequences of actions taken against employees for politically motivated reasons, as well as issues of sexual and workplace harassment. Furthermore, the Secretary of Justice must clarify the responsibilities of these officials.
