In New Mexico, racial discrimination is banned under both the U.S. Constitution and Title VII of the U.S. Code. These laws prohibit employers from taking race into account in procedures for hiring, deciding wage levels, or promotions and benefits.

What Must Be Proven in a Discrimination Claim?

The federal agency that is in charge of investigations of workplace discrimination is the Equal Employment Opportunity Commission (EEOC). Before taking issues to court, employees that have been discriminated against must file their claim with the EEOC. Race or nationality discrimination involves an employer treating you adversely than those you work with that are of other races or nationalities.

In order to succeed on a claim for racial discrimination, the Dona Ana County plaintiff must additionally show that their employer intended to base the discrimination on race or nationality. Proof of an employer's intent to discriminate can be proven if they have preferentially treated workers of different races than the plaintiff.

How Can a Dona Ana County Lawyer Help with My Claim?

Furthermore, in some circumstances, recorded employer statements regarding racial issues can be used to establish their intent to discriminate. Laws of procedure vary considerably in this area of law depending on where you file your claim, and local Dona Ana County lawyers will be familiarized with the requirements of your geographical region. Should you decide to file your claim at the EEOC, a New Mexico lawyer will be able to help you out, and they can also point you towards other forms of remedies available to you while your claim is pending.