A recent ruling by the United States District Court for the District of Puerto Rico clarifies that Law 44, Puerto Rico’s counterpart to the federal American with Disabilities Act (ADA), applies only to employers and does not provide for individual liability.  Accordingly, claims brought against individual defendants under Law 44 are subject to dismissal.

In Van Praag v. DHL Exp. (USA), Inc., Civil No. 13-1128 (D.P.R. Mar. 10, 2014), the plaintiff worked as a pilot and an assistant director of operations for 14 years for his employer, a company that provided aircraft services for DHL Express (USA).  Around the same time that the employer informed plaintiff that due to the company’s financial situation, his salary would be drastically reduced, plaintiff informed his superiors that he was seeking treatment for depression and was taking medication that made him tired, dizzy, and diminished his capacity to fly airplanes.  Due to his medical condition, plaintiff was unable to continue flying airplanes.  Approximately six months later, plaintiff’s employment was terminated.  Plaintiff sued the company and his supervisor as an individual defendant, alleging, among other claims, disability discrimination in violation of Law No. 44, 1 L.P.R.A. § 502.  Plaintiff’s supervisor moved to dismiss the complaint, arguing that neither the Puerto Rico Supreme Court nor the First Circuit has definitively ruled on the issue of individual liability under Law 44.  Continue reading this entry at Littler's Global Employment Law blog.