Yes, in the state of New Mexico, you are legally allowed to sue your employer for a hostile work environment. However, in order to be successful in your lawsuit, you must be able to prove all of the elements required to demonstrate that you were subjected to severe and pervasive conduct that manifested in the creation of a hostile work environment.
In general, lawsuits that are based on a hostile work environment are commonly brought under state or federal anti-discrimination laws. Discrimination laws are the set of laws in the United States that are intended to define what is and what is not considered discrimination in the workplace.
It is important to note that there are many different forms of discrimination that may occur in the workplace. Additionally, any discriminatory act may lead to the creation of a toxic work environment. These discriminatory acts may then serve to create a cause of action for an individual to privately sue their employer. Because of this, both employers and employees must understand what constitutes an unlawful action, before a hostile work environment lawsuit occurs.
One of the most common types of discrimination that exists under federal and state laws is sexual discrimination. Sexual discrimination is a civil wrong that may occur in the workplace if an employer treats an employee or applicant unfavorably solely because of their gender.
For example, if an employer does not hire a person solely because of their gender and not because they are not qualified for the job, that employer may be found guilty of committing sexual discrimination. Under both state and federal laws, an employer cannot discriminate against employees or applicants based on their gender.
Specifically, under Title VII of the Civil Rights Act, employers are legally prohibited from discriminating against employees based on protected characteristics, which include national origin, race, religion, gender, disability, and other protected characteristics.
An employee who believes that they have been discriminated against based on a protected characteristic, such as their gender, may seek to file a discrimination complaint based on an employer’s treatment of them to the proper authorities.
What Is a Hostile Work Environment?
As far as what constitutes a hostile work environment, Title VII of the Civil Rights Act of 1964 is the federal legal standard that is utilized by courts when considering whether or not a hostile work environment has been created.
Under the Civil Rights Act, it is illegal for employers to discriminate on the basis of race, religion, gender, disability, or other protected characteristics. Racial, religious, or sexual harassment in the workplace may constitute unlawful discrimination.
Further, that discriminatory act may create a hostile work environment by altering an employee’s working conditions, such as making it difficult or impossible for that employee to perform their job duties. If this is the case, there may also be grounds for a hostile work environment lawsuit.
Title VII of the Civil Rights Act also served to create the Equal Employment Opportunity Commission (“EEOC”), which is an agency charged with monitoring violations of the Act and is also charged with receiving and investigating complaints.
Generally speaking, the following requirements must be met in order to prove that a hostile work environment has been created under federal law:
- The workplace harassment must be both “severe” and “pervasive.” This means that more than a singular offensive remark or act of teasing must have occurred. However, more severe acts may require less pervasiveness
- The discrimination that occurred must have been made against a protected class, such as gender, etc.
- The harassment and discrimination must be based on an “objective” standard, which means that a reasonable employer knew or should have known that a hostile environment had been created
- The employer must have failed to intervene by taking action on behalf of the employee
When Should I File My Claim for a Hostile Work Environment?
If a hostile work environment has impacted your job, you should always take immediate action to remedy your situation. No one should have to be subject to continued illegal actions. As such, it’s important to immediately do all of the following if you believe a hostile work environment has been created:
- First, it is important to keep a detailed record of any incidents that led to the creation of a hostile work environment, including information such as dates, times, descriptions, and any witnesses
- After you have a detailed record of the harassment, you should then always notify your employer about the discriminatory actions, as they should be given an opportunity to investigate and take appropriate action on your behalf
- Finally, if your employer doesn’t take appropriate actions to address your issue or if your situation worsens, you should then immediately consult with an attorney in your area
It is important to be aware of the statute of limitations for workplace discrimination lawsuits in New Mexico. New Mexico law provides that you have two years from the date of the alleged discriminatory act to file a claim.
How Do I Prove a Hostile Work Environment?
As mentioned above, in order to prove a hostile work environment claim in New Mexico, you’ll need to demonstrate that the alleged conduct by your employer was both severe and pervasive. This means that the alleged conduct must be so severe and pervasive that it transformed your workplace into a hostile and abusive environment for you.
This means that you must demonstrate that the behaviors or actions you are alleging to have occurred were unwanted and of a discriminatory nature. Next, you must demonstrate that these actions or behaviors were carried out over a period of time with a significant degree of severity.
Finally, you must prove that your employer knew or should have known about the harassment but failed to take appropriate action. For example, keeping a record of when you reported these behaviors to your employer will provide sufficient evidence to meet your burden.
It is important to note that before pursuing private legal action in New Mexico, you must first initiate a discrimination charge with the Equal Employment Opportunities Commission or your local state agency.
Then, after the EEOC or state agency has conducted an investigation into your hostile work environment claim, you will be given a right-to-sue letter, which you may then utilize to pursue a private civil action against your employer if you so wish. A local attorney in New Mexico will be able to ensure that you follow all of the necessary steps.
What Types of Remedies Are Available for a Hostile Work Environment Claim?
There are several different remedies available for a hostile work environment claim in New Mexico. Although it may seem obvious, one of the main remedies available is for your workplace to actually take appropriate action or actions to remedy your issues.
For instance, your employer may take action and fire the employee or employees responsible for creating the hostile work environment, or they may offer to move you to a different position where there is no hostile work environment.
However, if your employer does not take appropriate action to remedy your situation, then after an investigation, the EEOC may step in to stop the offensive behavior through a cease and desist letter.
Additionally, if you have experienced emotional distress, lost wages, or other economic damages, your employer may be required to compensate you for such economic injuries. You may also seek these damages from your employee in a private civil lawsuit.
The EEOC may also require that your employer revise their employment policies and provide training to all their employees in order to prevent future incidents of workplace harassment. Further, if you were terminated as a result of a hostile work environment, you may also seek to be reinstated to your previous position.
Finally, if you decide to file a private civil lawsuit against your employer, you may also seek attorney fees as a part of your damage claim in your lawsuit. In other words, if you win your private civil lawsuit, your employer may be responsible for covering the legal fees that you incurred while pursuing your hostile work environment lawsuit against them.
Do I Need a New Mexico Lawyer for a Hostile Work Environment Lawsuit?
You might have been subjected to a hostile work environment in New Mexico. In that case, it is in your best interests to immediately contact an experienced New Mexico hostile work environment lawyer in order to ensure your rights are protected. LegalMatch can assist you in both locating and setting up a consultation with an experienced hostile work environment lawyer attorney in your area.
An experienced harassment attorney can help you understand your legal rights and options according to both federal law and New Mexico’s specific discrimination laws. An attorney will also be able to represent you in court, as needed, should your issue require legal action, such as filing a hostile work environment lawsuit.
