In New Mexico, What is Illegal Discrimination at Work?

In New Mexico, What is Illegal Discrimination at Work?
People often ask whether a particular situation is grounds for an employment lawsuit. Both employers and employees often misunderstand what is and what is not covered by the law. In New Mexico, employers with 4 or more employees typically cannot discriminate or harass an employee based on their race, age, religion, color, national origin, ancestry, sex, physical or mental handicap, or serious medical condition. For employers with 15 or more employees, they also cannot discriminate on the basis of sexual orientation or gender identity. For employers with 50 or more employees, they also cannot discriminate on grounds of spousal affiliation. These characteristics that the law protects are called an employee’s “protected status.” An employee who is female, minority, over 40 and disabled would have four different protected statuses!
In addition to the characteristics that the law protects, an employee is also protected from wrongful termination that violates either a contract or New Mexico public policy. Employees of governmental entities and agencies, such as the state, counties, municipalities and agencies, are also protected under the Whistleblower Protection Act.
That all sounds fine, but what does it actually mean? Discrimination includes refusing to hire someone, firing someone, refusing to promote them, demoting them, or treating them differently in terms of pay, hours, terms, or conditions of employment. The term “hostile working environment” refers to discrimination in the form of harassment. A hostile working environment is serious, and is not usually found to exist when there is just a single comment or situation that makes an employee uncomfortable or upset. The exceptions would be single events that are extreme, such as sexual assault, physical assault and other expressions of harassment or discrimination that a jury may consider to be “severe.” Over the years, courts have given us many examples of what is and what is not harassment and/or discrimination based on the facts of each case. A knowledgeable attorney should be familiar with what has been clearly defined and what may fall in a grey area needing further research or testing in a court of law.
Workplace law is very technical, and these cases are decided based on the facts and situations unique to each case. When there is no legal protection that applies, at will employees can be terminated or their jobs changed for any reason or no reason at all.
We have recovered tens of millions of dollars for our clients.
Hospital negligence resulted in catastrophic injury. This was a case involving a patient who entered the hospital for routine observation but left the hospital with catastrophic and permanent injuries due to neglect and improper treatment. This case involved extensive expert testimony on all aspects of the client’s care, both by hospital administration, hospital employees, and contractors who were involved in her treatment.
Semi-truck negligence caused wrongful death. This case involved a semi-truck driver who was intoxicated on illegal substances and killed our client. The key to this case was both aggressive discovery work, and understanding the trucking laws that regulate truck drivers and motor carriers, so we could prove how reckless it was to put the driver on the road that day.
Semi-truck negligence caused catastrophic injury. This case involved a semi-truck driver who lost control of his vehicle in a high-traffic area, causing devastating injuries to our client. We were able to reconstruct every step of the events leading up to the crash that day to piece together why this happened, using sophisticated experts in reconstruction engineering.
Semi-truck and corporate negligence caused traumatic brain injury. Our client suffered a traumatic brain injury as a result of the defendant’s negligence in parking a commercial vehicle. The key to this case was understanding trucking regulations and local ordinances at play to show how the situation should have been handled safely.
Semi-truck causing wrongful death. This sad case involved the tragic death of our clients when a semi-driver was high on illegal substances. The key to this case was working closely with law enforcement and our reconstruction expert to identify all of the assets we could recover for these clients so that they could be as fully compensated as possible.