Sexual harassment is defined under New Mexico law as unwelcome conduct that is of a sexual nature, which includes both verbal and physical actions. Some types of sexual harassment that are most commonly committed by an employer include exchanging favoritism for sexual favors, the creation of a hostile work environment of a sexual nature, and sexual advances.
How does New Mexico Law Prohibit Sexual Harassment?
First, Espanola employers can be required to implement company policies that specifically address sexual harassment in the workplace. These must be posted in a visible area such as a break room. Matters covered by such policies should include contact information used by employees to report incidents, handling procedures for claims, and corrective measures (in the event that a claim turns out to be true).
There are also federal and New Mexico laws that have created agencies to handle sexual harassment claims. These agencies have authority to investigate an Espanola workplace for the sexual harassment conduct that is alleged in the complaints they receive. These laws also prohibit employers from firing workers or taking any retaliatory action against workers who have complained of sexual harassment.
How can a New Mexico attorney help?
It can be difficult to both investigate and establish a sexual harassment claim without having any expertise in the applicable areas of law. The federal agencies that handle initial claims of sexual harassment are often understaffed and overworked. Because of this, working with an Espanola attorney might be the best way to make sure that your claim is processed in a timely manner.