Where Can I File A Complaint Of Discrimination?
You may file a complaint of discrimination with the New Mexico Human Rights Division in person at 1596 Pacheco Street, Aspen Plaza, Suite 103, Santa Fe, New Mexico; or, by telephone at (505) 8276838 or statewide tollfree at 18005669471.
If you file a complaint with the division, you will be interviewed by an intake officer who will obtain as much information from you as possible to frame a charge and an affidavit. The charge is then mailed to the person who allegedly discriminated against you. The Respondent is requested to respond to the charge and to submit necessary information. The complaining party is given a copy of the response and is requested to submit a rebuttal. Witnesses are then contacted and an onsite visit may be required. The investigator then submits the file along with a summary to the director who then reviews the file and issues a determination of probable cause or no probable cause. If there is a probable cause finding, the case is scheduled for a hearing before the Human Rights Commission. If there is a no probable cause finding, the case is dismissed and the party can appeal the determination to district court. By law the investigation must be completed and a determination or a hearing issued within 365 days from the filing date.
The Human Rights Division has also adopted the Alternative Dispute Resolution Program to attempt to resolve discrimination issues through mediation/conciliation. A resolution of a complaint through mediation is less costly because it can settle a case in a matter of weeks as opposed to a lengthy investigation. The ADR program is strictly voluntary and all parties must be willing to participate.
Get Help from an Experienced Employment Law Attorney
Have you been discriminated against by a potential or current employer -- as a job applicant or current employee? To best protect your legal rights you should discuss your situation with an employment lawyer. Meet with a local employment for employees attorney sooner rather than later to protect your rights.
Additional Employment Law for Employees Articles
- What is the minimum wage in New Mexico?
- Does An Employer Have To Provide Lunch Breaks Or Rest Periods?
- Does An Employer Have To Pay Holiday, Vacation, Sick Or Severance Pay?
- Can An Employer Require An Employee To Work Overtime?
- Can An Employer Give Compensatory Time Off Rather Than Pay Overtime?
- Can An Employer Reduce An Employee's Wage Or Salary?
- When Does An Employer Have To Pay Final Wages To A Terminated Employee?
- How Often Must An Employer Pay Employees?
- What Can I Do To Receive Unpaid Wages?
- Is A Work Permit Required For Minors?
- Are Certain Occupations Prohibited For Minors?
- Are There Restrictions On The Hours A Minor May Work?
- How Do I File A Claim For Unemployment?
- What Are The Eligibility Requirements?
- How Much Will I Receive In Unemployment Benefits?
- When Can I Expect To Receive My First Check?
- If I Was Fired Or Quit My Job, Can I Collect Benefits?
- If I Have A Separation Issue On My Claim, What Can I Expect?
- Where Can I Get Additional Information On Unemployment Insurance?
- What Is The Unemployment Insurance Tax Rate For A New Employer?
- What Is The Taxable Wage Base?
- As An Employer, How Do I Establish A Tax Account?
- When Does An Employer Become Liable For Unemployment Taxes?
- How Do I File Quarterly Wage Reports And Pay Taxes?
- What Is Apprenticeship?
- What Are The Basic Requirements For Entry Into Most Apprenticeship Programs?
- What Is The Human Rights Act?