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Client Alert
Citizenship and Migratory Status Not Covered by General Anti-discrimination Statute - Puerto Rico
By: Angel Berberena, Esq.
January 27, 2025
In a recent majority opinion issued by the Supreme Court of Puerto Rico, in the case of Roberto Soto v. Carolina Catering Corp., 2025 TSPR 3 (2025), the Court addressed the protections afforded to “national origin” under Puerto Rico’s general anti-discrimination statute, Act No. 100-1959.
Case Summary: Plaintiff Roberto Soto, a citizen of the Dominican Republic and permanent legal resident of the United States, was terminated from his employment shortly after being hired because his permanent residence card (Green Card) expired. Despite this expiration, Soto retained his authorization to work in the United States and its territories.
As expected, the Court applied the standard discrimination test where plaintiff must establish a prima facie case; the burden then shifts to the employer to provide a legitimate, non-discriminatory reason for the adverse action, such as performance issues; and finally, plaintiff must show that the employer’s reason is a pretext, meaning it is not the true reason, and that discrimination was the actual motive.
Most relevant about the majority opinion is the clear distinction between “national origin”, “citizenship” and “migratory status;” and the Court’s refusal to consider “citizenship” or “migratory status” as part of “national origin” under Act No. 100-1959. The majority opinion was strongly influenced by the fact that the employer was aware of Soto’s national origin at the time he was hired.
There are three separate dissenting opinions primarily based on the argument that, although the termination was not due to national origin, the separation occurred because of Soto’s social origin, condition and/or migratory status. The dissenters contend that all these factors are applicable to this case and are, or should be, interpreted to be covered by Act No. 100-1959.
Employers are encouraged to review their policies to ensure they align with this legal interpretation and to provide training on employment discrimination laws and how to manage employees with complex immigration statuses to avoid potential issues.
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