labor lawAdivision of labor law center

New Mexico recently changed a couple of its policies about filing a claim of discrimination. So I thought now would be a good time to take a look at those changes as well as the rules and laws that haven’t changed. Workplaces still aren’t allowed to illegally discriminate against employees and they are still required to post the New Mexico state discrimination posters in an area where all employees will be able to easily see them.

The changes that have occurred deal with the time a person has to file a claim of discrimination and the amount of time the New Mexico Human Rights Division has to issue a determination after the claim is filed. An alleged victim now has three hundred days to file a claim after the last incident of discrimination occurred. The New Mexico Human Rights Division must now respond within one hundred and eighty days after the claim is officially filed.

A worker is still protected from being discriminated against because of their race, religion, color, ancestry, national origin, sex, age, physical and mental disability, or serious medical condition. If the employer has at least fifteen employees, that employer can’t discriminate because of sexual orientation or gender identity. If the employer has at least fifty employees then the employer can’t discriminate because of spousal affiliation.

If a person is a victim of discrimination they should file a claim with the New Mexico Human Rights Division. Again, this claim must be filed within three hundred days. The claim may be filed in person or over the telephone. The claim will go through three main phases: the filing phase, the investigative phase, and the determination phase.

State and federal laws aren’t effective if nobody knows about them. Therefore, employees are required to post the New Mexico state discrimination posters in an area where all employees can see them. The New Mexico state discrimination posters explain the rights and protections that workers are afforded under the law. Failure to correctly post the New Mexico state discrimination posters is a violation of the law.

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