New Mexico Sexual Discrimination Law in the Workplace

August 28th, 2006 Posted by Hannah

The New Mexico Human Rights Act dictates New Mexico sexual discrimination law in the workplace. Under this act, employers and labor organizations are prohibited from discriminating against employees on the basis of sex.

Under this law, an employer is defined as anyone who employs four or more people and includes agents for the employers (such as employment agencies). This differs from federal law because Title VII applies only to those employers with fifteen or more employees. Employees under this law are those working for or applying for a job with an employer as defined above.

There are a few special conditions in New Mexico: Employers with fifteen or more employees cannot discriminate on the basis of sexual orientation or gender identity and those with 50 or more employees cannot discriminate on the basis of spousal affiliation.

Also included in this law is protection for pregnant women and protection against sexual harassment. It states that pregnancy, pregnancy-related conditions and childbirth must be treated the same as would any other illness or temporary disability. Sexual harassment falls under sexual discrimination when it affects employment status in terms of compensation and conditions of employment.

To file a complaint in New Mexico, you must contact the New Mexico Department of Labor Human Rights Division within 180 of the alleged discriminatory act. An intake officer will help you prepare your charge and then the Division will send a copy of the complaint to your employer and give him or her a chance to respond. Then, an investigator will collect the relevant information and pass it on to the Director who will determine if there is reasonable cause to believe that your rights have been violated or not. If the Director finds reasonable cause, your case will go to a public hearing before the Human Rights Commission. However, you will always have the option to try to settle the case with your employer if both of you agree to go to mediation.

In order to file directly with the federal or state courts, you will first have to request a “Right to Sue” letter from the EEOC or the New Mexico Division. A lawyer can help you determine which route is best for your case.

It’s up to both employers and employees to stay informed about their rights and responsibilities in the workplace. Employers should always have posted a current New Mexico Labor Law Poster.

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New York Sexual Discrimination Law in the Workplace »
Posted in Discrimination, Employment Laws, Hostile Environment, New Mexico

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