The New Mexico Corrections Department will pay $700,000 and provide additional non-monetary remedies to settle an age discrimination and retaliation suit brought by the EEOC under the Age Discrimination in Employment Act (“ADEA”). Several employees within the Corrections Department system complained that they did not receive promotions and job assignments because they were over 40 years old. They also suffered from retaliation when they complained about this illegal treatment and when they filed EEOC charges.

As a result of the employees’ complaints, the EEOC investigated and filed suit against the NMCD. Ultimately, the NMCD agreed to settle the claims. The settlement includes payment of $700,000 in damages, institution of policies to prevent age discrimination, and employee training on anti-discrimination policies. For a period of two years, aggrieved parties may appeal promotion decisions that they believe are discriminatory. Also, the NMCD must now periodically audit employment decisions to determine whether older workers are being disproportionately impacted. This is a great win for older NMCD workers who deserve fair consideration when they apply for positions within their department.

In addition to the EEOC’s ability to bring these cases, workers are entitled to directly sue their employers when they have been treated illegally. The Buchanan Law Firm is experienced in age discrimination matters and will review your case for free to determine whether you may have a claim. Call 505-900-3559 for more information or book an appointment through the website,

Read the full notice from the EEOC here: