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 Las Cruces 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 particular traits including religion, race, age, gender, national origin, and familial status. In order for a claim of employment discrimination to be proven, a Las Cruces, 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 will be proven if the employer in question has treated others of the same class in a similar manner. It may also be shown when there is testimony regarding specific employer statements that a reasonable person would define as biased. Additionally, employers may be held liable for firing someone or retaliating against them because they brought a discrimination lawsuit.
The procedure for pursuing an employment discrimination claim is complicated, since it involves filing a claim with certain agencies. A Las Cruces, New Mexico lawyer can help you file in a timely manner, and while your case is pending, they can assist you in pursuing any available remedies.