Servicios Legales de PR (SLPR) GivingTuesday 2021

The following true story is another example of the legal needs that we address – and serves as our report on how your support through GlobalGiving continues to have an impact.

Jane[1], a transgender woman, approached Puerto Rico Legal Services seeking to adjust her legal identity to her real one, since her vital documents are under the name of Juan, the name under which she was registered when she was born.

After living in the United States, where she underwent her sex change procedure, Jane arrived in Puerto Rico encountering obstacles in obtaining government services, in this case public housing. For her, it was necessary to prove her new identity as a trans woman whenever any public or private agency requested it.

Her request was to change her name and be recognized as a female person in the Puerto Rico Demographic Registry, so she sought a judicial resolution to prove the appropriateness and legality of her new identity.

Service Center in the city of Ponce filed a petition for the name change with the local Court of First Instance.

In the resolution issued by the Court, it sided with Jane. The state Demographic Registry was ordered to make the name change and to note the gender change in the margin of the original registration. The court recognized that "...the petitioner has an interest, based on reasons of dignity, aesthetics, personal needs, as well as needs of an administrative nature, since the existing incongruence between her male first name and her female gender identity causes her serious problems with her personal documents and in her daily life, as well as affecting her right to privacy and her dignity as a human being".

With the conclusion of this proceeding, Jane obtained the equal protection of the laws and human dignity guaranteed in the Constitution of the Commonwealth of Puerto Rico.

 We thank you for your continued support. Visit our website servicioslegales.org, or our social media channels to keep up to date of PRLS’ response to our critical client needs.

[1] Jane’s name is being withheld to protect her privacy.

Our mission, and the purpose of the special fund created through this project, is to make certain that low-income communities and individuals have equal access to justice. The following true story exemplifies the needs that we address – and serves as our report on how your support through GlobalGiving continues to have an impact.

Solimarye is a young mother of two girls, ages 5 and 6. For more than two years she worked in a call center. As a result of the Covid-19 pandemic and the government lockdown orders, the company closed operations for several weeks. Later, she and other employees were allowed to work, remotely, which she did from her home.

 When the employer required a return to work on-site, at the call center, Solimarye asked to be allowed to continue working remotely since she did not have a caretaker for her two children, who were still studying remotely. The employer agreed, but for a very short time, and forced her to return by denying her a leave of absence, noting that "they would not retain a position for anyone." Because of the employer’s refusal to accommodate her needs and take care of her daughters, she had no choice but to resign.

Faced with this situation, she applied for unemployment. She was evaluated, deemed eligible and her benefit was approved. However, months later, she received notices from the Employment Security Bureau denying her benefit because of “voluntary abandonment” of employment and was asked to pay back the benefits received, which totaled about $14,000!

When she applied for our services, her case was handled by our Direct Service Center in the western town of Aguadilla. Legal representation was provided at an appeal hearing before an arbitrator of the Department of Labor.

At this hearing, it was possible to demonstrate that Solimarye was always able and available to work, that she had no intention of leaving the job market, and that she tried to arrange with her employer to retain her job.

The arbitrator determined that, without options for the care of her daughters, her resignation was for good cause, that a constructive dismissal had been established by the employer's refusal to provide tools for the protection of the worker. Therefore, the Employment Security Bureau’s determination was revoked.

This decision allowed Solimarye to keep the income she received from unemployment benefits, which if she had to repay would have placed her in a very, very difficult situation.

We thank you for your continued support. Visit our website servicioslegales.org, or our social media channels to keep up to date of PRLS’ response to our critical client needs.