As recently as yesterday, the Supreme Court of Puerto Rico issued an important opinion regarding the definition of the term national origin as a protected classification under Act No. 100 of June 30, 1959, as amended, known as the Employment Discrimination Act.
The case of Roberto Jimenez Soto et al. v. Carolina Catering Corp, 2025 TSPR ____ (CC-2023-733), concerns an employee originally from the Dominican Republic who was terminated from his employment in Puerto Rico because his permanent resident card had expired. The employer determined that the employee was not authorized to work in the United States or its territories. The employee sued alleging discrimination based on national origin or social status by being perceived and treated as an illegal immigrant.
To ensure consistent interpretations of similar terms and provisions between federal and local legislation, the Supreme Court opined that the term national origin refers to the country where a person is born or from which his or her ancestors come but does not contemplate discrimination on the basis of "citizenship" or "immigration status". Then, what would be considered discrimination on the basis of national origin? For example, an employer refusing to hire people who speak with a foreign accent or have a name associated with a particular national origin.
On the merits of the case, the Supreme Court concluded that there was no discriminatory intent in the dismissal of the employee because it was not motivated by his country of origin, nor by his physical, cultural or linguistic characteristics concerning his national origin. On the contrary, the Court determined that the employer based its decision on what could be categorized as an immigration status issue.
The Court's opinion also incorporated the "Same Actor" doctrine established at the end of the last century by the federal appellate courts. In short, the doctrine establishes an inference that discrimination was not the determining factor in adverse employment action when the same person who hires the employee is the one who fires him or her within a relatively short period of time.
We trust that the information provided will be helpful and ensure a greater understanding of what national origin discrimination entails. Should you have any questions and/or require additional information regarding the above or any other matter, please do not hesitate to contact us.
