How to File a Sexual Harassment Complaint in New Mexico

When an individual is dealing with sexual harassment issues at their New Mexico employer, it can be a difficult and stressful situation. A victim may want to file a complaint with their employer to try and help resolve their situation.

Generally, sexual harassment involves conduct or behavior that is directed at an individual in the workplace based on their gender. This type of conduct commonly includes inappropriate sexual remarks or acts.

To be considered sexual harassment, this type of conduct must be unwelcome by the individual at whom it is directed. It is important to be aware, however, that behavior or conduct does not necessarily have to be sexual in nature to be considered sexual harassment.

Behavior that is unwelcome does not necessarily have to be sexual in nature to be considered sexual harassment. To be sexual harassment, the conduct or actions of the harasser has to interfere significantly with the worker’s ability to perform their work duties.

Sexual harassment in the workplace is also categorized as a form of employment discrimination. This means that, when an individual is a victim of sexual harassment in their workplace, they may be able to make multiple different types of claims.

If the conduct of an offender creates a hostile, offensive, or intimidating work environment, it can be categorized as sexual harassment. If positive treatment, such as promotions, is based on whether or not a worker submits to a sexual request, this type of environment can occur.

This type of harassment can also happen if the threat of a negative personnel decision is based upon the worker submitting to some type of sexual request. Actions that are commonly considered sexual harassment may include, but may not be limited to:

• Jokes
• Unwanted gestures
• Insulting or degrading references based on gender
• Unwanted touching
• Innuendo

If a worker thinks they have been a victim of sexual harassment in their work environment, they should take the steps discussed below.

Giving notice to their employer

Whenever a worker is able to, they should notify their employer when any offensive conduct occurs. This allows the employer to investigate the alleged harassment.

Taking important next steps

If an individual is facing sexual harassment in their workplace, there are important steps they should take to document the issue as well as ensure evidence is preserved, which include:

• Keeping a written record of all harassing conduct, such as:
  • The date and time
  • The conduct details
  • Any possible witnesses and their contact information
• Keeping all available evidence of all of the harassment, such as:
  • Text messages
  • Voicemails
  • Emails
  • Letters
  • Photographs
  • Any other communications
• Reporting all of the harassing conduct to the human resources (HR) department at the employer or the workplace agency that handles complaints
• Asking the HR department to make notes of the harassing conduct in the personnel file of the alleged harasser

Cooperating with the employer’s investigation

After the worker being harassed submits a complaint to their employer, the employer should conduct an investigation of the conduct. This investigation process will likely include interviewing several parties, including the victim, the alleged harasser, and potential witnesses to the conduct.

Filing a sexual harassment lawsuit

If someone tries to resolve any sexual harassment issues at their workplace using the available resources and are not successful, they may be eligible to file a sexual harassment lawsuit in New Mexico. No matter what type of harassment an individual is facing in their workplace, a New Mexico attorney can help.

How Do I Know if I Am a Victim of Sexual Harassment in the Workplace?

It is important for workers to be aware that there is not a certain exact or specific definition of what will be considered sexual harassment in a workplace. Instead, the court will take into consideration numerous different aspects of the situation before it makes a determination of whether or not the conduct is sexual harassment.

Aspects of the situation a court will consider to determine if sexual harassment is occurring include whether the conduct:

• Was unwelcome
• Was pervasive
  • This means the conduct continues even after a victim complains
• Made the victim feel threatened or intimidated
• Affected their ability to complete their job duties
• Had certain effects on the victim, such as:
  • Suffering physically
  • Having to seek medical attention
  • Causing a decline in job performance
  • That decline resulting in demotion or termination
  • Declining job advancements
  • Having to adjust their schedule in order to avoid interacting with the harasser

In certain cases, conduct that occurs outside of working hours can also be categorized as workplace sexual harassment. As a general rule, the more frequent and severe the conduct, the more likely that it will be considered sexual harassment by a court.

In order to find out more about conduct that may be considered workplace harassment, it is important for a worker to consult with an attorney.

What Are the Different Kinds of Sexual Harassment Claims?

The different categories of sexual harassment claims in include quid pro quo and hostile work environment

Quid pro quo

Quid pro quo sexual harassment arises when a person in power asks for a sexual favor in exchange for a favorable employment treatment, for example, a promotion or a raise. To be considered quid pro quo, the person in power has to imply that, if the worker does not submit to the request, they will face negative employment consequences.

Hostile work environment

When sexual harassment in a workplace creates a hostile work environment, it interferes with a worker’s ability to complete their job duties. Courts will consider the following issues to determine whether a hostile work environment is present:

• If the victim worker found the harassment humiliating
• Whether the victim worker was physically threatened
• The severity and frequency of the sexual harassment
• If the harassment unreasonably interfered with the victim worker’s ability to accomplish their job duties
• If a reasonable individual would also find that work environment to be hostile

Can I Sue My Employer if I’m a Victim of Sexual Harassment in the Workplace?

Yes, if an individual is a victim of sexual harassment in their New Mexico workplace, they may be able to sue their employer. If their employer or other state agency does not or cannot resolve their harassment issue, they should file a claim with the Equal Employment Opportunity Commission (EEOC).

In most cases, the worker will be required to complete the complaints process with the EEOC before they are permitted to file a lawsuit. When the EEOC does not file a lawsuit on the worker’s behalf, they will get a Notice of Right-to-Sue letter.

After receiving this letter, the worker will then have 90 days to file a sexual harassment lawsuit.

Do I Need a Lawyer to File a Sexual Harassment Claim?

If you are having issues with sexual harassment in your workplace in New Mexico, you should consult with a sexual harassment lawyer in New Mexico. Your lawyer will be able to provide you with advice about how to handle the complaints process at your workplace, what agencies in the state you can file a complaint with, and guide you through the EEOC complaints process.

If completing these processes does not provide a resolution to the issue, your attorney can file a sexual harassment lawsuit. Your lawyer will handle filing all of the required paperwork and will represent you during any of your court appearances.

LegalMatch provides you with a free and convenient lawyer matching service you can use online in about 15 minutes to find a licensed lawyer in your area who can help you. Once you have submitted your concern online, you will get responses from pre-screened member attorneys who handle sexual harassment issues in New Mexico.