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 Carlsbad 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. To show employment discrimination in Carlsbad, New Mexico, the plaintiff needs to be able to show that the employer's intent to treat them unfairly was motivated by their protected status.
How can Employment Discrimination be Proven in New Mexico?
This may be shown if the employer has treated others of the same status similarly, or when people testify to certain statements made by the employer that would indicate bias when heard by a reasonable person. Furthermore, an employer violates the law if they terminate a person's employment or otherwise retaliate in response to a discrimination lawsuit filed against them.
Pursuing an employment discrimination claim can often be complicated, because they involve filing your claim with particular agencies. Lawyers in the city of Carlsbad, 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.