Workplace Discrimination in Albuquerque, NM
Discrimination is an all-too-familiar scenario for many in the workplace. Likewise, it is also the most common type of workplace lawsuit that workers file. An experienced Albuquerque, New Mexico workplace discrimination attorney can help. Find out how.
What Is Workplace Discrimination?
Discrimination in the workplace deals with unfair treatment. These laws can vary, depending on factors such as race, gender, sexual orientation, physical disability, physical qualities, or age. Workplace discrimination can occur between employees or between employers and existing or prospective employees.
Albuquerque, New Mexico Labor laws make some types of workplace discrimination illegal. If illegal discrimination occurs, workers may be able to file a workplace discrimination lawsuit. A worker does not need to currently have employment from a company to face qualifying acts of discrimination. For instance, say the company chose not to hire someone. If it’s because of a qualifying characteristic, the individual may be able to file a claim.
Here are some of the most common types of discrimination that occur in the Albuquerque, NM work environment:
- Choosing not to hire someone because of their disability
- Choosing not to promote someone because of their race
- Excluding someone from a project because management says they’re too old
- Making misogynistic comments about women
- Deliberately paying men more than women because the boss values their work more
Should You File a Complaint With the HR Department or the EEOC?
Most Albuquerque, NM companies have a human resources department and discrimination in the workplace falls within their portfolio. For that reason, raising concerns with the appropriate HR representative may include filing a written report, a possible sit-down interview, and an investigation.
Sometimes a company does not have a human resources department and there are no policies in place. To resolve the issue, you might take your concerns directly to the Equal Employment Opportunity Commission. They can assist you in investigating the claim and possibly filing a lawsuit.
The Federal EEOC states 10 days after filing a workplace discrimination claim, your employer in Albuquerque will receive a copy of the claim. Upon inspection your claim will either be investigated, mediated, or dismissed. If an investigation yields that there was discrimination, the EEOC will try and reach a settlement. If they do not find discrimination, you can recieve a “Notice of Right to Sue”.
What Laws Protect Against Discrimination in the Workplace?
There are federal workplace discrimination laws that help to protect employees. On a federal level, Albuquerque employees have protections from discrimination under Title VII of the Civil Rights Act of 1964. However, many states have even stronger laws that offer additional protections.
Let’s use an example. California is the first state where ethnic hair and the right to wear it naturally became a right with protections. In other states, employers may discriminate against natural hair because it is part of racial discrimination.
According to the New Mexico Lgislature, no employer in Albuquerque is permitted to terminate an employee due to sex, race, age, national origin, or religious affiliation. In addition, employers are not allowed to garnish wages, or give an employee less desirable work based on this criteria.
Title VII of the Civil Rights Act of 1964
This specifically prohibits employers from discriminating against employees on the basis of race, religion, sex, color, or national origin. It typically applies to organizations with 15 or more employees. It also applies to schools (both public and private) and labor organizations. The EEOC’s primary responsibility is enforcing this law.
The New Mexico Human Rights Act of 1969 prohibits discrimination against Albuquerque residents in housing, credit, public accommodation, and employment. It also disallows discrimination on the basis of race, sex, national origin, religion, or disability. In addition, this law brings pregnancy and spousal arrangements under the umbrella of protected categories.
2025 Executive Orders
On January 21, 2025, President Donald Trump enacted an executive order that significantly changed workplace discrimination policies, particularly for businesses with federal contracts. This directive rescinded Executive Order 11246, which had been in place since 1965 when President Lyndon B. Johnson signed it to prohibit federal contractors from making employment decisions based on race, color, religion, sex, sexual orientation, gender identity, or national origin.
While this policy shift primarily affects federal contractors, it may also influence private businesses, including those in Albuquerque, NM. Given the city’s strong ties to federal agencies, military installations, and research institutions, many employers that depend on federal contracts may reassess their diversity and inclusion initiatives. Without federal DEI mandates, some Albuquerque-based businesses might choose to modify or scale back these programs in response to the shifting regulatory landscape.
Despite these changes at the federal level, workplace discrimination protections remain intact. Title VII of the Civil Rights Act of 1964 continues to prohibit employment discrimination nationwide, and New Mexico’s Human Rights Act ensures that employees in Albuquerque and across the state still have legal avenues to challenge workplace bias and unfair treatment.
Other Notable Applicable Federal Discrimination Laws
- Equal Pay Act (EPA) – Deals with equal pay act for men and women
- Age Discrimination in Employment Act (ADEA) – Protects workers aged 40 and over
- Americans with Disabilities Act – Protects employees with physical disabilities
Examples of State Workplace Discrimination Laws
- New Mexico Fair Pay for Women Act– disallows employers to differentiate payments between men and women for the same work.
What Is the Workplace Discrimination Process Like?
Filing a claim for workplace discrimination in Albuquerque, New Mexico can be a tricky process given the number of potential laws in play. This is especially the case when the characteristics with protections only qualify under state law. The EEOC enforces federal workplace discrimination laws. In some cases, individual state labor departments handle the claims that only qualify under state law.
Filing a Claim
When it comes to federal claims, workers have about 180 days to file, to remain within the statute of limitations. Time is of the essence with discrimination claims. It’s a good idea to hire a discrimination lawyer to help from the beginning.
Albuquerque, NM claimants also need to provide some basic information with their claim. Depending on the agency, the employer’s name, the name(s) of involved parties, and a description of the incident. It will also include the contact information for everyone with involvement in the issue.
Once the investigation has begun, the agency may request more information. They generally give you ample time and opportunity to produce said information if this happens.
Investigating the Claim
The investigation may involve interviewing the Albuquerque employee, employer, other employees at the same place of business. However, it may also include anyone else who may have relevant information. The agency determines that the claim is valid and discrimination did, in fact, take place. The next step is generally to work for settlement or mediation. For this reason, both parties may have an incentive to work out a compromise.
Still, it might be necessary to file a lawsuit with the appropriate court. This is especially true if the parties cannot reach a settlement on the employee’s behalf. If that’s the case, an attorney issues what is known as a “Right To Sue” letter. This letter gives the employee suffering from discrimination the right to sue on their own accord.
The Equal Employment Opportunity Commission allows for an appeals process if you are unhappy with the decision regarding your claim. You will have 30 days to file an appeal from the date you receive notice of a claim denial. You can choose to submit your appeal online, by mail, or in person, but remember, time is a factor. It may be beneficial to have an experienced Albuquerque attorney help you through this process.
Work With an Experienced Workplace Discrimination Lawyer In Albuquerque, New Mexico
Consider hiring a Albuquerque lawyer who specializes in discrimination as soon as the incident takes place. Experts often recommend that you resolve the issue internally through the proper HR channels. On the other hand, many employers mishandle these cases.
If you are considering a lawsuit an attorney becomes even more necessary. Albuquerque, NM discrimination attorneys can help you with the paperwork, prepare you for depositions, and find corroborating witnesses to support your claim.
If the court rules in your favor, you might become entitled to several different compensatory benefits:
- Back pay
- Promotion
- Reinstatement
- Front pay
- Reasonable accommodations
- Payment of attorneys’ fees, court costs, and expert witness fees
Are you ready to find out if you are eligible for these benefits in Albuquerque? Start with a case review.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.