Employment discrimination is the mistreatment of a person based on his or her age, race, sex, religion, national origin, color or disability. Discrimination can also include various types of workplace harassment. It can take many forms such as a refusal to hire, termination, transfer, layoff, demotion, biased testing, failure to promote or denial of employment privileges. Discrimination claims can be filed by an employee with either the federal Equal Employment Opportunity Commission or the New Mexico Human Rights Division (HRD). A claim filed with one agency is automatically sent to the other agency. Lawsuits can also be filed against an employer, although in certain situations the claim must be filed first. If an employee has filed a discrimination claim or lawsuit, contact a knowledgeable employment law attorney for legal advice and assistance. You will need experienced representation by a seasoned employment lawyer to guide you through the claim.
What Are My Options?
There are many remedies that can result from a discrimination claim depending on the facts of the case such as:
- Reinstatement of employment — The employee is reinstated.
- Hiring — In cases involving job applicants, the employer must hire the applicant.
- Payment of back wages — Any money that is owed to the employee
- Punitive damages — Compensation intended to punish the employer for any wrongful acts may be paid in some federal employment discrimination cases.
- Compensatory damages — Paid in certain types of federal discrimination cases for your losses, including mental distress, loss of reputation, loss of respect, etc.
If an employee has filed a claim or lawsuit, Moody & Warner can review your case and discuss your legal options. We are an experienced employment law firm that has provided representation to clients in discrimination cases for over 50 years. Our firm can discuss the best way to defend the charges in order to prevent fines and other penalties.