Human Rights

Complaint Investigation Process

After a Complaint Is Filed (Brief Description)
After you have filed a formal complaint, you and the entity that the case is filed against can elect to participate in mediation to resolve your complaint prior to an investigation.
If the case is not resolved by mediation, the case will be fairly and impartially investigated by our office. You will be assigned an investigator who will request evidence and witness statements from both sides. Our office does not represent either side in this process.
At the completion of the investigation, there will be a determination of whether there is sufficient evidence to believe discrimination took place (probable cause) or not (no probable cause).
If probable cause is found, your case will be heard by the Human Rights Commission. The Commission consists of 11 Governor appointed members who sit in panels of 3 to hear the facts of your case. If the Commission finds on your behalf, they can award actual and compensatory damages and attorney’s fees.

Detailed Explanation of Charge Filing and Investigation Process

1) Filing A Charge Of Discrimination With The New Mexico Human Rights Division

A complainant or charging party is one who believes she/he has had an employment harm based on a protected status (i.e. race, age, national origin, color, religion, sex, disability, physical or mental handicap, serious medical condition, spousal affiliation, sexual orientation, gender identity). The individual must contact and file a complaint with an HRB intake officer within 300 days of the employment harm. The contact can be made in person, via telephone, or by mail.
Based on the information you’ve provided the investigator will draft an affidavit and a charge of discrimination.
The documents will be sent to you within a week.
When you receive these documents read the letter, review the documents, sign them, date them and mail them back to the investigator whose name appears at the end of the letter.
Once the investigator has received the signed and dated documents it will be an official charge of discrimination that can be investigated.
A copy of only the charge of discrimination will be sent to the Respondent (employer). In the same letter we will ask the Respondent if they are interested in attending a mediation.
You will receive a similar letter asking you if you are interested in attending a mediation.
The purpose of the mediation is to try and resolve the case.
We do encourage that all cases go through mediation initially as a means of resolving the charge.
If both parties agree to the mediation our mediator will contact you to schedule a mediation in the county where you were employed and the mediator will meet with both parties.
If the mediation is successful then the case will be closed and both parties will sign a settlement agreement.

2) Investigation Process

If for some reason one party or the other is not willing to attend the mediation or the mediation does not resolve the charge of discrimination, the mediator will then return the case to the investigation unit where it will be assigned to an investigator.
The investigator will send the employer a questionnaire asking for their position statement and request information and documentation regarding your allegations.
The employer has 30 days in which they can respond.
The employer can request extensions for up to 15 days to submit their response.
After we receive the information from the employer the investigator will summarize their position statement and send that to you.
You will also have 30 days in which to offer your rebuttal to their position statement.
You can also request extensions of up to 15 days.
When we receive your rebuttal the investigator will evaluate the information in the file and interview witnesses and/or conduct an on-site investigation if it is necessary.
Once the investigation is complete the investigator will review and summarize the information and forward the case file to the Division Director.

3) Determination Process

The Division Director will review the case and make a determination of Probable Cause or No Probable Cause.
Probable Cause means that the Director believes that the law may have been broken.
If you receive a Probable Cause determination from the Director both parties will be invited to conciliate the case.
Conciliation, like mediation, is an opportunity for the parties to resolve the matter themselves with the help of a mediator without having to go to a Commission Hearing or to Court.
If conciliation does not resolve the matter, then your case will be scheduled to be heard by the New Mexico Human Rights Commission.
At this hearing you will have to prove your allegations of discrimination. The Commission does not see or review the investigative file.
You can also request a Hearing Waiver within 60 days, which would allow you to file your case in State District or Federal District Court, rather than go before the Commission.
No Probable Cause means the Director does not believe there was sufficient evidence to show the law was broken.
If you get a No Probable Cause determination from the Director and your case is only filed with the New Mexico Human Rights Division, then you can file an appeal in State District Court in the county where the alleged discrimination occurred within 30 days from the date of service of the Determination.
If your case is dual filed with the EEOC, then you can request a substantial weight review from the EEOC within 15 days of service of your Determination, or you can file an appeal with State District Court or Federal District Court, or you can also decide this is the end of your charge and not pursue it any further.

IT IS IMPORTANT TO NOTE THAT THE HUMAN RIGHTS DIVISION DOES NOT REPRESENT EITHER PARTY IN THIS PROCESS. OUR FUNCTION IS TO DETERMINE WHETHER THE LAW MAY HAVE BEEN BROKEN OR NOT. BE AWARE, THIS INVESTIGATION CAN LAST AS LONG AS ONE YEAR.

NM Department of Workforce Solutions