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How employment discrimination cases work in New Mexico

The simplified version of how employment discrimination cases work in New Mexico.

This is a very simple summary of how an employment discrimination case would work in New Mexico.

  1. You feel that you have suffered some type of discrimination at work.
  2. In most cases, you must report the discrimination to your employer. This usually starts with a report to your supervisor or someone in human resources. If your employer has an EEO person or department, you can probably report the discrimination to that person or department. The purpose of the reporting requirement is to give the employer a chance to investigate the complaint and fix it.
  3. Once you've made the report, you should probably try to retain a lawyer to represent you.
  4. The employer should conduct an investigation according to its EEO procedures. Assuming there is an investigation, you should cooperate with the investigation. If you have a lawyer, he or she can guide you through the investigation.
  5. If the employer refuses to investigate, you or your lawyer should request an investigation in writing.
  6. If the investigation resolves your complaint, there should be a written summary of the investigation's findings and a description of how the employer will resolve the discrimination complaint.
  7. If the investigation does not resolve you complaint  or there is no investigation, you or your lawyer should file a charge with the EEOC or the New Mexico Human Rights Bureau. Those agencies will investigate the charge and hopefully resolve it. The charge must be filed within 300 days of the discrimination.
  8. If the EEOC/New Mexico Human Rights Bureau cannot resolve the charge, a right to sue letter will be issued. If you want to litigate the case, you must file a complaint in state or federal district court within 90 days of getting the right to sue letter. Do not wait to file the complaint. 90 days is a very short time.
  9. Once the case is filed in court, resolution of the case will depend on the litigation needed and the court's schedule.

This is a very "down and dirty" summary of the process of resolving an employment discrimination case in New Mexico. In reality, the process can be much more complicated. For example, filing deadlines can be difficult to determine. Therefore, if you have a case you should call me as soon as possible.

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Attorney Robert Scott is committed to answering your questions about workers' compensation, employment law, wage theft, personal injury, and wrongful death law issues in Albuquerque.

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