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Discrimination

Discrimination under the law refers to specific types of differential treatment. To be defined as discrimination, the adverse treatment or harassment experienced must be based on at least one of the following protected statuses: Race, Color, National Origin, Religion, Ancestry, Sex, Age (if 40 or over), Physical and Mental Handicap, Serious Medical Condition, Spousal Affiliation, Sexual Orientation, and Gender Identity.

Filing a Complaint

New Mexico has a work sharing agreement with the Federal Equal Employment Opportunity Commission (EEOC). New Mexico is considered a Fair Employment Practices Agency (FEPA). Some FEPAs have work sharing agreements with the EEOC to prevent the duplication of effort in charge processing. According to this agreement, if you file a charge with either the Federal EEOC or the New Mexico Human Rights Bureau, the charge will be dual filed if Federal laws apply. This process helps to protect charging party rights under both federal and state laws. If you file a charge with us, you can let us know if you also want your charge filed with the EEOC. You do NOT need to file with both agencies.

If you feel you have been discriminated against in the areas of employment, housing, credit or public accommodation based on the any of the listed protected statuses, you may call our office at (800) 566-9471 (toll-free in New Mexico) or (505) 827-6838 and speak with an intake officer.

The intake officer will help you determine if your case is actionable and will assist you in preparing a complaint. If you have already filed a complaint with the Federal EEOC, notify the intake officer. Until you formally file a charge with our Bureau, your call is completely confidential.

You may also submit a request by mail, fax or send an email to Jacqueline.Gonzales@state.nm.us to have an intake officer contact you. You will typically be contacted within two (2) business days from receipt of your request.

Notes

Effective March 1, 2010, parties represented by counsel will be expected to prepare their own FORMS for initiating a Human Rights Claim. Parties who are not represented by an attorney should contact the Human Rights Bureau for assistance in completing the necessary paperwork to file a complaint. Packet must include all of the following forms:

Online Intake Contact Request Form

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