Albuquerque Gender Discrimination Sexual Harassment & Equal Pay

Albuquerque employees have the right to a safe and equitable workplace, regardless of their gender. Gender discrimination in the workplace, however, is not uncommon in New Mexico. Fortunately, employees subjected to sexual harassment and equal pay violations have legal options. You should consult a seasoned employment attorney to discuss Albuquerque gender discrimination, sexual harassment, & equal pay violations you may have encountered.

At Egolf + Ferlic + Martinez + Cox, LLC, we work tirelessly to assist Albuquerque residents in obtaining restitution for workplace discrimination based on gender. Our attorneys are well-versed in New Mexico and U.S. labor protection laws and regulations. We work hard to prepare a robust complaint and guide you with the clarity and compassion you deserve throughout each step.

Filing a Gender Discrimination Complaint in Albuquerque, NM

When considering whether or not to file a gender discrimination complaint in Albuquerque, it can help to understand the various steps you should take to ensure your complaint has the highest chance of success.

Understand Your Employee Rights

The first step in filing a gender discrimination complaint in New Mexico is to understand your employee rights.

Title VII of the Civil Rights Act and the New Mexico Human Rights Act provide employees protection against gender discrimination, including sexual harassment or unfair compensation practices.

Some examples of sexual harassment include being subjected to lewd comments or unwanted or inappropriate touching by a colleague, superior, or someone you supervise. Sexual harassment can also occur at the hands of a client, customer, or contractor, and it is up to the employer to guarantee a harassment-free workplace.

Equal pay disparity is present when an employee with similar qualifications to another employee of the opposite gender is paid less or passed over for a promotion due to their gender, for example.

Wage gaps between male and female employees are more prevalent in certain careers than in others. According to the New Mexico Department of Workforce Solutions (DWS), women in the legal field earn 59.8% of what men earn in the state.

If you have faced any of these or other examples of gender discrimination, it may be in your interest to file a gender discrimination complaint

Gather Evidence of Gender Discrimination at Work

If you believe you have faced sexual harassment or pay disparity at your job, it is important to gather adequate documentation that can be used to build a strong case. Examples of documentation can include:

• Emails or messages through other workplace communication channels
• Performance evaluations
• Statements from witnesses, if readily available
• Any communication with your human resources department, including any complaints

It may also help to keep a detailed written account of incidents, with information on when and where they occurred, who was present, and what occurred. Having evidence showing a pattern of gender discrimination can help strengthen your complaint.

Consult a Knowledgeable New Mexico Gender Discrimination Attorney

Before submitting a gender discrimination complaint, you should consult a seasoned New Mexico gender discrimination attorney who can further explain your rights as an employee and advise you on whether or not your complaint has merit.

Once you decide to file a complaint, they can help ensure your documentation is adequately completed and can set expectations on how the process might be carried out. A skilled attorney can also explain the benefits of mediation versus litigation.

File a Complaint With the Adequate Agency

A formal complaint of gender discrimination can be filed with the New Mexico Department of Workforce Solutions, Human Rights Bureau. An employee can also choose to file a complaint with the Equal Employment Opportunity Commission (EEOC). A dual complaint can also be submitted.

A successful gender discrimination claim is contingent on following these steps in a timely fashion and with the guidance of a strong legal team.

Benefits of Working With an Albuquerque Gender Discrimination Attorney

Having a dedicated Albuquerque gender discrimination attorney on your side can help facilitate the complaint process and increase the chances of success.

• Filing the Complaint: An attorney understands the process, including what evidence to submit and which forms to file. They are also aware of the various timelines. For example, you must submit your sexual harassment or equal pay discrimination complaint to the Human Rights Bureau within 300 days of the last incident.
• Communicating on Your Behalf: Communicating with agency employees, including their legal team, can be overwhelming and intimidating. An attorney represents your interests in front of your employer and the New Mexico DWS.
• Negotiating a Just Settlement: A skilled attorney can help you obtain an optimal resolution to your case, including financial compensation. In Fiscal Year 2024, the Human Rights Bureau awarded $1,183,753 through mediation and $830,620.98 through settlements to claimants who filed discrimination complaints.

You deserve to be compensated for the emotional, mental, and financial strains you suffered due to gender discrimination.

When you work with our attorneys at Egolf + Ferlic + Martinez + Cox, LLC, you have the backing of a knowledgeable and aggressive legal team, whether you are unsure if you have a strong case or if you are afraid of facing retaliation from your employer for filing a complaint.

FAQs

Q: Can You Sue Your Employer for Gender Discrimination in New Mexico?

A: You can sue your employer for gender discrimination in New Mexico. If you work in Albuquerque and believe you have suffered from sexual harassment or equal pay violations at work, you can file a complaint with the New Mexico Human Rights Bureau or the local EEOC located in Downtown Albuquerque at 500 Gold Ave, S.W. It is recommended that you discuss your case with a knowledgeable New Mexico attorney.

Q: How Do You Prove Gender Discrimination at Work?

A: Proving gender discrimination at work depends on the evidence available. Once a complaint is submitted, an employer has a chance to respond to the complaint. To ensure it is not their word against yours, you should gather documentation, including emails, HR complaints, performance reviews, and statements by colleagues or other witnesses substantiating the claim of unfair treatment or harassment.

Q: How Much Does a Sexual Harassment Lawyer Cost in Albuquerque?

A: How much a sexual harassment lawyer costs in Albuquerque depends on factors like how complex your case is, the lawyer’s years of practice in gender discrimination, and their track record of success. Many attorneys offer initial consultations for free or a one-time fee. You are advised to contact an Albuquerque attorney to discuss representation costs.

Q: What Is an Example of an Equal Pay Violation?

A: One example of an equal pay violation is an employee who receives less pay than their colleague of the opposite sex for the same work. The employer may be committing an equal pay violation. Disparities in benefits awarded can also constitute discrimination based on gender. This can include bonuses, reimbursements for travel expenses, or vacation or holiday pay.

Schedule a Consultation With Our Albuquerque Gender Discrimination Attorney

Filing a complaint against gender discrimination can be the appropriate step if you have suffered sexual harassment or were unfairly compensated for your work by an Albuquerque employer. You can discuss your options with one of our seasoned attorneys at Egolf + Ferlic + Martinez + Cox, LLC. Contact our office to schedule a consultation.