Update on Reverse Discrimination Claims in New Mexico
The New Mexico Court of Appeals recently considered the legal standard applying to employee reverse-discrimination claims under the New Mexico Human Rights Act ("NMHRA"). Reverse discrimination occurs when a member of a majority group is discriminated against on the basis of a protected factor, such as race or gender. In Garcia v. Hatch Valley Public Schools, 2016-NMCA-034, cert. granted, 2016-NMCERT-___ (No. S-1-SC-35641, Apr. 14, 2016), the court held that non-Hispanic workers can bring reverse-discrimination claims under the NMHRA, and that such claims will be analyzed in nearly the same way as other NMHRA discrimination claims. Continue Reading
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