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 Hobbs 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. Employers can 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 successful, a Hobbs, 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 proved when there is a history of the employer treating members of the class similarly, or if witnesses testify about the employer's statements which would constitute bias as understood by a reasonable person. Moreover, employers may be held liable for firing someone or retaliating against them because they brought a discrimination lawsuit.
Procedures for filing an employment discrimination claim are complicated, because they involve filing the claim with the corresponding agency. An attorney in Hobbs, New Mexico can help you in filing on time, as well as pursuing other remedies that are available to you while your claim is pending.