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 Gallup 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, a Gallup, 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. Additionally, employers who fire someone or retaliate against them for bringing a discrimination lawsuit are clearly in violation of the law.
Pursuing an employment discrimination claim can often be complicated, because they involve filing your claim with specific agencies. An Gallup, New Mexico attorney can help you file on time, as well as pursue any additional remedies that may be available to you while your case is pending.