New Mexico ( NM ) Employment Discrimination Law in the Workplace

August 24th, 2006 Posted by Karen

My research into employment discrimination laws in the workplace across the United States has been quite a ride. I have seen such a huge range of laws among the states that it is staggering. New Mexico’s employment discrimination laws in the workplace aren’t very shocking when compared to most other states. While they do expand on federal laws, they do not have much expansion.

New Mexico’s employment discrimination laws in the workplace make it illegal to discriminate on the basis of age, ancestry, color, gender identity, national origin, physical or mental handicap, race, religion, serious medical condition, sex, or sexual orientation.

With the exception of the sexual orientation and gender identity laws, these laws apply to businesses of 4 or more employees. Sexual Orientation and gender identity discrimination laws only hold businesses with 15 or more employees accountable.

Claims in New Mexico can be filed with one of two agencies: the state agency, the New Mexico Human Rights Division (HRD), or the federal agency, the Equal Employment Opportunity Commission (EEOC). These agencies will work together to resolve you claim as long as you file in one agency and request that your claim be cross-filed with the other. The HRD can be contacted at (505) 827-6838 or Toll-Free: (800) 566-9471 and the EEOC can be contacted at (505) 248-5201 or TTY: (505) 248-5240.

Claims through the HRD must be filed within 180 days of the date of the discriminatory act while you have 300 days of this act to file with the EEOC. Because of the difference in deadlines it is best to first file through the HRD and then have them cross-file your claim with the EEOC. File early to avoid delays due to legalities in the filing process as these delays can push your past the deadline. Retaining an attorney is a big help, but is not required.

If your claim is not resolved by these agencies, you may need to pursue it in court. In both state and federal cases, you must first file with the appropriate agency and receive a release from that agency. The EEOC will release your claim by giving you one of two documents: “Dismissal and Notice of Rights,” or “Right to Sue.” A claim filed in federal court must be filed within 90 days of receiving either of the above documents. The HRD gives a “Non-determination Order” to release your case. Once this order is received, you have only 30 days to file a court case in a state court. If your case has been pending for 180 days with the HRD, you may request this order be issued.

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Posted in Discrimination, Employment Laws, Hostile Environment, New Mexico

  1. Posted by: Lisa Quintela

    I recently was asked on Oct 3rd to resign from my postion at a Certified Family Nurse Practioners Office because of issues I had come foward to the owner about re: problems with the office manager because he wasn’t treating me equally. I felt uncomfortable about some things he said to me about my age & hair color as to saying because I was blonde & because of me being single and dating as to sexual comments. He often let the receptionist on the computer to the internet to check her personal e-mail as well as balancing her checking account online but was always watching me to make sure I never got online and even let her talk to her friends & family for over 45 minutes at a time & not answer the phone and leave me stuck with doing it as well as my work load. When I refused to resign and was given no reason for termination they fired me & Now I have been interviewed by numerous companies as well as universities and been told he gave a very bad reference on me giving personal information out to them.

    realy need some advice
    thanks
    lisa

  2. Posted by: Amelia

    Hi Lisa! Okay, let’s separate the two issues here. If the office manager made sexual remarks to you, that is probably sexual harassment. If you reported his behavior, the employer should have taken steps to stop it. If the employer fired you in retaliation for these complaints, that is illegal under Title VII of the Civil Rights Act — the primary law against workplace discrimination based on sex, race, color, etc. You should report that violation to the EEOC at http://www.eeoc.gov.

    There is no law that employers must treat workers fairly. It is poor management to show favoritism, but it is not illegal unless it is based on sex, race, color, religion, etc. In this case, the office manager would likely say that there was one set of standards for the receptionist, and another set of standards for your position.

    A New Mexico employer can fire any worker at any time, unless it is illegal discrimination. If you have not already applied for unemployment, you should do so.

    There is no employment law against the manager giving a negative reference, but most employers will not do so, because they fear being sued by a worker who cannot find a job as a result. You can contact the employer by phone or letter and let him know that if he continues this conduct, you will be forced to hire a lawyer. Unfortunately, if he doesn’t stop, you’ll have to follow through. You can also post your questions on our sister site at http://www.laborlawtalk.com, for more ideas. HTH, and thanks for reading the blogs!~ Amelia

  3. Posted by: liz

    i think we all know lisa and how she is. she needs to stop being such a wh**re

  4. Posted by: Amelia

    Hi liz! I don’t think we can assume that Lisa is 100% wrong here. Usually, in any employment situation, both people have a valid point of view. The important thing is to sit down and share those different points of view in a calm, tactful, non-threatening way and arrive at a compromise. It sounds like Lisa and her boss were not able to do that. HTH, and thanks for reading the blogs!~ Amelia

  5. Posted by: Mel

    I have a seizure disorder which I am on medication for, but still have mostly minor seizures. I have worked at the same place for two years, and recently had a grand mal seizure at work. When the Manager told the district manager about it, the district manager suddenly decided I needed a form filled out by a doctor stating I was capable of working there. Do I have to do this? I am a single mom making very little and going to a doctor is expensive. I don’t have any insurance.

  6. Posted by: Amelia

    Hi Mel! Yes, you have to do this. An employer can legitimately request a fitness-for-duty certificate from a doctor, any time the employer has reason to believe the employee may have a medical impairment. Having a seizure at work would raise this question in the employer’s mind. They want to be sure that it is safe for you to work, and that they are protected from liability if you are hurt at work during a seizure.

    The employer actually has your best interests at heart. If you had a seizure at work, your medication may need to be adjusted. You should return to whatever doctor is providing you with the prescription for your medication, and get him or her to provide the information for your employer. If you genuinely do not have the money, dial 211 from any landline phone. This will provide a list of social services in your area, that you may qualify for based on income. Depending upon where you live, there may be free or low-cost care available through a program like Medicaid. HTH, and thanks for reading the blogs!~ Amelia

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