Discrimination at Work
Section 28-1-10 — a written complaint to the human rights division within three hundred days
Unless based on a bona fide occupational qualification, it is an unlawful discriminatory practice for an employer to refuse to hire, discharge, promote, demote or discriminate in pay, terms or conditions against a qualified person because of race, age, religion, color, national origin, ancestry, sex, sexual orientation, gender, gender identity, pregnancy, childbirth or a related condition, physical or mental disability, serious medical condition or military status, or, for an employer with fifty or more employees, spousal affiliation.
Who handles this in New Mexico: Disability Rights New Mexico; and legal aid programs, lawyer referral and the state offices, listed in the New Mexico directory.
Three hundred days. A person claiming to be aggrieved files a written complaint with the human rights division of the labor department within three hundred days after the alleged act.
The director investigates, dismisses a complaint that lacks probable cause, and otherwise tries to resolve it. Within sixty days of notice of a probable cause determination, the complainant may ask in writing to waive the commission hearing and go to the district court instead.
Sources for this section (2)
- NMSA 1978, § 28-1-7 — Unlawful discriminatory practice
- NMSA 1978, § 28-1-10 — Grievance procedure
Legal information, not legal advice. Verified as of November 2026. Applying it to a particular situation is the work of a licensed New Mexico attorney.