Human Resource Blog

New Mexico Retaliation

	Labor Laws
Complete State & Federal Labor Law Posters 1 Year Compliance Protection Plan State ONLY Labor Law Posters Federal Labor Law Posters

	Termination
Employee Warning Notice Employee Final Warning Notice Employee Resignation Form Exit Interview Questionnaire Separation Checklist

A friend of mine, “Juana”, is going through a very difficult time at work. She went to HR several months ago and complained because her supervisor was discriminating against her. HR decided to eliminate her position for economic reasons. She was given a choice between severance pay or a position in a different department. Isn’t this illegal?

New Mexico employers and employers throughout the United States are prohibited by several federal laws from discriminating against workers due to race, religion, country of origin, color, sex, age (over 40) and disability. These laws, particularly Title VII of the Civil Rights Act of 1964, apply to all aspects of employment, including hiring, firing, benefits, promotions, work assignments, salary, training and layoffs. These laws also make it illegal for a company to retaliate against a worker for filing a discrimination complaint.

If the New Mexico employer fired Juana because she filed a complaint, then yes, that is illegal. From the description of the situation, it’s difficult to determine the exact conditions she was terminated under. However, if might be worth her time for Juana to contact the EEOC (Equal Employment Opportunity Commission) at 800-669-4000.

The rules protect employees from retaliation regardless of the validity of the complaint. As long as the employee files the complaint in good faith, any negative action against that employee for complaining constitutes illegal retaliation.

To illustrate, consider Juana’s situation with her immediate supervisor. She feels her supervisor is discriminating against her by requiring a doctor’s note every time she is absent from work. She goes to her HR department and files a discrimination complaint. The company duly investigates the complaint and finds that Juana’ supervisor requires a doctor’s note from all workers. Juana’ complaint, therefore, is invalid. The case is closed and Juana is informed of the results.

If the Juana is terminated or transferred by the company now, that act could constitute illegal retaliation. The law prohibits a company from taking negative action against a worker simply because she complains.

There are two conditions to this rule. First, if the company can provide documentation that they had planned to terminate or transfer Juana prior to her filing the complaint, they aren’t doing anything illegal. Second, if Juana’s intention was to commit fraud when she filed the complaint, then she is no longer protected under the law. JH