How Discrimination Cases Are Decided

Our experienced legal team will fight to make sure you get the compensation and justice that you deserve. Contact us today for a free case evaluation.


New Mexico Employment Discrimination Attorney

The Legal Process in Workplace Discrimination Lawsuits

If you’ve been the victim of disparate treatment in the workplace because of age, gender, disability, race, gender identity or sexual orientation, national origin, pregnancy or other prohibited classification, chances are you’ll have to file a lawsuit to effectively resolve your claim.

In New Mexico, you may be able to do that in state or federal court, as the state has its own anti-discrimination statute. It’s important, though, to understand what a discrimination lawsuit involves and how these cases are ultimately decided.

Our team can walk you through the entire process so you know what to expect.

How Is a Claim Initiated?

As a general rule, to have your discrimination claim considered by the court, you must show four things:

  • You were qualified for a job
  • You experienced disparate treatment, either in the job application process or while on the job. That may include denial of promotions, raises, benefits, scheduled hours, work assignments or even office accommodations.
  • The disparate treatment was based on your membership in what is considered to be a protected class under the law. Suspect classifications include age, gender, race, disability, color, national origin, religion, sexual orientation or gender identity and pregnancy. In addition, you cannot be treated differently in retaliation for reporting discrimination, for certain types of whistleblowing or for filing a valid workers’ compensation claim.
  • The disparate treatment must give rise to an inference of discrimination

To demonstrate the inference of discrimination, you can typically make reference to:

  • Actual statements of management or others
  • The timing of the act—for example, did it happen shortly after an employee came out as LGBTQ
  • The inconsistency of the reasons given for the action—if management asserts one reason in the immediate aftermath, but later alleges another reason
  • The fact that the position was filled by a person not in the suspected class, or that persons not in the suspected class were not subjected to such actions

If you make these showings, the burden of proof then shifts to the employer. The employer’s task is pretty straightforward—give a reasonable explanation of why the action was taken. At that point, your attorney can introduce evidence to challenge or contradict the alleged reasons for the discriminatory acts.

In the American civil justice system, the jury makes determinations of fact and the judge rules on issues of law. Ultimately, the jury will determine whose story is deemed most believable. The court will provide the jury with instructions regarding how the facts must be applied to the laws, essentially directing the jury to make certain legal determinations based on their findings of fact.

Contact an Experienced New Mexico Employment Discrimination Attorney

At Buchanan Law Firm, LLC with our principal offices in Albuquerque, we bring more than 20 years of hands-on experience to individuals in New Mexico who have been subjected to workplace discrimination. Attorney Deena Buchanan has a thorough understanding of the laws and the court system in New Mexico, and knows how judges in New Mexico perceive discrimination claims. A highly experienced trial lawyer who has successfully served as counsel on numerous complex high-stakes employment law disputes, she’s respected by clients, colleagues and judges for her poise and composure in the courtroom. She’s litigated employment issues in many states, working directly with representatives of the Equal Employment Opportunity Commission in those jurisdictions.

Call us today to schedule a free consultation with my team. We fight for our clients throughout New Mexico from our Albuquerque office.

Call Today

At Buchanan Law Firm LLC, we know that every discrimination claim is unique. We’ll listen carefully, so that we can learn the specific details of your case and tailor our efforts to get the results you want.

If you have been the victim of discrimination on the job in New Mexico, we can help. To determine if you are eligible for a free initial consultation, contact us online or call us at 505-900-3559. All major credit cards are accepted. We can meet with you outside of work hours, if necessary.

My Promise to You

We Prepare Each Case for Trial

We prep every case as if it will be going to trial. There is no better way to make sure you get the compensation that you deserve than to be ready to fight for you and exhaust all legal remedies. Some firms shy away from trial, we embrace it.

This is a Team Effort

We recognize that every legal matter is different. We’ll listen carefully to learn the details of your situation, as well as your goals. We’ll keep you involved and informed at all times, making certain you know where you stand, what your options are, and your likelihood of success.

We Will Be Straight With You

Whether it is about the value of your case, or how good or bad the evidence is, we will tell it to you straight. We want to help you make the best decisions about your case by giving you the information you need.

Notable Case Results

We have recovered tens of millions of dollars for our clients.

Let's Get Started

We're ready to fight for you. We're ready to be your ally and we are ready to begin right now. Don't waste another day, contact our law office today.
We understand that serious injuries do not happen only during normal business hours which is why we are always available to help if you have been injured. Our team is available around the clock to take your call and provide the support that you need.