labor lawAdivision of labor law center

The New Mexico Law Against Discrimination makes it illegal for employers to discriminate on the basis of race, creed, religion, color, national origin, physical or mental disability, age, nationality, ancestry, marital status, sexual orientation, sex, or serious medical condition.
The Federal Age Discrimination in Employment Act covers workers over 40. The state law follows that guideline, so age discrimination suits can be brought for older workers in the state. In New Mexico, workers may bring an age discrimination suit by filing with either the New Mexico Human Rights Division or the Equal Employment Opportunity Commission. The two agencies cooperate with each other to process claims, so filing a claim with both agencies is unnecessary. Just let the agency you file with know that you want them to cross file the claim with the other agency.
One important point is that the New Mexico anti-discrimination statute covers employers of every size, while the EEOC enforces federal law which covers only employers with 15 or more employees. So if your workplace has between 4 and 14 employees, you may want to file with the HRD. I have heard that it is easier for employees to file with the Human Rights Division. They will send you to mediation. If that is not successful they’ll investigate, and possibly form a panel who will hear your case. If the commission finds that you have been discriminated against, they can award damages, including compensatory damages, and attorney fees.
Your complaint must be filed within 180 days of the date you believe discrimination occurred. You may resolve the case without having to resort to legal action. But if it does go to court, you should know that many attorneys decide to file the claim through the state first, because New Mexico does not limit claims for pain and suffering.

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