Although private employers in Puerto Rico can perform background checks on job applicants subject to federal parameters, courts there attach great importance to the constitutional provisions protecting human dignity and privacy from invasion both by public and private parties. In addition, the Puerto Rico Supreme Court has determined that discrimination on the basis of a prior criminal conviction is prohibited under Puerto Rico law and falls under the category of ‘social condition’, which is protected under the General Anti-Discrimination Act. Subject to limited exceptions, requiring job applicants’ or employees’ genetic, medical, and disability-related information is not permissible. Private employers are permitted to establish a testing program for the detection of controlled substances to promote the health and welfare of its employees through random selection methods, however, the employers must provide written notice of the program to employees 60 days in advance of its implementation.
