Laws have been passed under both New Mexico and federal governments which prohibit discriminating on the basis of specified protected characteristics. Government and private employers in Albuquerque can be held liable under state and federal law depending on what kind of trait the discriminatory treatment was based upon.
How Does Employment Discrimination Occur?
Employment discrimination can occur if the employer treats an employee unfairly based on their membership in a category that is legally protected. Race, gender, religion, familial status and national origin are examples of some traits that employers can not use when evaluating you. In Albuquerque, New Mexico, in order to succeed on an employment discrimination claim, the plaintiff must show that the employer's intent in treating them differently was based on the protected status.
How can Employment Discrimination be Proven in New Mexico?
This is shown upon finding a prior history of similar treatment of members of the same class, or upon testimony regarding the employer's statements that a reasonable person would understand to be biased. Moreover, an employer who fires someone or otherwise retaliates because of a discrimination lawsuit is in clear violation of the law.
Employment discrimination claims have complicated filing procedures, because they involve pursuing the claim with particular agencies. Lawyers in the city of Albuquerque, New Mexico may direct you in filing your claim on time, and while your case is pending, they can help you pursue further remedies that might be available for you.