The law firm ECIJA SBGB filed a lawsuit against Puerto Rico’s Office of the Women’s Advocate (OPM), alleging the agency improperly imposed new obligations on employers through a document called the "Guide for the Enablement and Operation of Lactation Rooms in Workplaces and Public Access Spaces," approved by OPM on July 13. The suit argues the guide lacks the force of law and did not undergo the rulemaking process required by the Uniform Administrative Procedure Act (LPAU), which mandates public notice and a comment period.
ECIJA SBGB clarified it does not seek to eliminate or limit workers’ right to breastfeed, but disputes OPM’s authority to create obligations and potential fines for employers via a mere guide. The firm argued that if the document is truly a guide, it cannot impose penalties; if it is meant to be binding, it should be classified as a regulation, which would then be void for failing to follow formal rulemaking procedures.
The firm also claims the guide imposes requirements not found in Puerto Rico’s Lactation Code (Law 87-2025), which requires lactation spaces to have privacy, security, water access, electrical outlets, ventilation, a refrigerator for breast milk, and a chair.