New Mexico ( NM ) Employment Discrimination Law in the Workplace

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.