Employment Law -- Employee
You may file a complaint of discrimination with the New Mexico Human Rights Division in person at 1596 Pacheco Street, Aspen Plaza, Suite 103, Santa Fe, New Mexico; or, by telephone at (505) 8276838 or statewide tollfree at 18005669471.
If you file a complaint with the division, you will be interviewed by an intake officer who will obtain as much information from you as possible to frame a charge and an affidavit. The charge is then mailed to the person who allegedly discriminated against you. The Respondent is requested to respond to the charge and to submit necessary information. The complaining party is given a copy of the response and is requested to submit a rebuttal. Witnesses are then contacted and an onsite visit may be required. The investigator then submits the file along with a summary to the director who then reviews the file and issues a determination of probable cause or no probable cause. If there is a probable cause finding, the case is scheduled for a hearing before the Human Rights Commission. If there is a no probable cause finding, the case is dismissed and the party can appeal the determination to district court. By law the investigation must be completed and a determination or a hearing issued within 365 days from the filing date.
The Human Rights Division has also adopted the Alternative Dispute Resolution Program to attempt to resolve discrimination issues through mediation/conciliation. A resolution of a complaint through mediation is less costly because it can settle a case in a matter of weeks as opposed to a lengthy investigation. The ADR program is strictly voluntary and all parties must be willing to participate.