Laws have been passed under both New Mexico and federal governments which prohibit discriminating on the basis of defined protected characteristics. Government and private employers in Espanola may 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 class that is legally protected. Employers may not base their evaluations of you on specific traits including religion, race, age, gender, national origin, and familial status. In order for a claim of employment discrimination to be proven, an Espanola, New Mexico plaintiff must show that his (or her) employer actively intended to treat him differently because of his protected status.
How can Employment Discrimination be Proven in New Mexico?
This can be shown if the employer has a history of mistreating people of the same status, or if individuals testify regarding the employer's specific statements that a reasonable person would conclude are biased. Further, an employer violates the law if they terminate a person's employment or otherwise retaliate in response to a discrimination lawsuit filed against them.
Procedures for pursuing an employment discrimination claim are complicated, because they involve filing the claim with the corresponding agency. Espanola, New Mexico has many lawyers available to assist you in filing in a timely fashion, and they can also help you pursue any remedies that might be available to you while your case is being processed.