Where Can I File A Complaint Of Discrimination?

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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.

Other New Mexico Labor and Employment FAQs

Q: What is the minimum wage in New Mexico?
A: The minimum wage is $7.50 per hour for establishments under the jurisdiction of the State Minimum Wage Act, i.e. if the firm is a small employer not grossing $500,000 … More
Q: Does An Employer Have To Provide Lunch Breaks Or Rest Periods?
A: No. There is no statute that requires an employer to provide such breaks; however, deductions cannot be made from wages if less than 30 minutes is allowed for the … More
Q: Does An Employer Have To Pay Holiday, Vacation, Sick Or Severance Pay?
A: No. There is no statute that requires an employer to pay such wages. More
Q: Can An Employer Require An Employee To Work Overtime?
A: Yes. An employer can require an employee to work overtime but must pay the rate of timeandahalf the regular rate of the employee's pay for over 40 … More
Q: Can An Employer Give Compensatory Time Off Rather Than Pay Overtime?
A: No. More
Q: Can An Employer Reduce An Employee's Wage Or Salary?
A: Yes. The employer may reduce an employee's wages, but must advise the employee of the new lower rate before the hours are worked. More
Q: When Does An Employer Have To Pay Final Wages To A Terminated Employee?
A: If the wages owed are a fixed, the employer must pay such wages to the employee within 5 days of discharge. Task, piece, commission wages must be paid within 10 days … More
Q: How Often Must An Employer Pay Employees?
A: An employer must establish paydays at least every 16 days. There are exemptions for teachers, exempt employees and workers under contract. More
Q: What Can I Do To Receive Unpaid Wages?
A: You may file a Wage Claim form with the Wage and Hour Bureau. Click here for more information. More
Q: Is A Work Permit Required For Minors?
A: Work permit certificates are required for students under 16 years of age. Certificates may be issued by schools and representatives of the Labor and Industrial Division. More