EMPLOYMENT DISCRIMINATION DEMAND LETTER
New Mexico Law
New Mexico Human Rights Act, NMSA 1978 Section 28-1-1 et seq.
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, New Mexico ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[New Mexico Bar No.]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]
[Date]
[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]
Re: Employment Discrimination Claim of [Client Full Name]
HRB Charge No.: [If filed]
EEOC Charge No.: [If filed]
CONFIDENTIAL SETTLEMENT COMMUNICATION - NMRA 11-408
Dear [Mr./Ms./Mx. Last Name]:
This firm represents [Client Full Name] ("our client") regarding [his/her/their] claims of unlawful employment discrimination against [Company Legal Name] ("[Company Short Name]" or "the Company").
I. LEGAL FRAMEWORK
A. New Mexico Human Rights Act (NMHRA)
New Mexico prohibits employment discrimination under the NMHRA, NMSA 1978 Section 28-1-1 et seq.
Protected Classes Under NMHRA (Section 28-1-7):
- Race
- Age (40+)
- Religion
- Color
- National origin
- Ancestry
- Sex
- Sexual orientation
- Gender identity
- Pregnancy and childbirth
- Spousal affiliation
- Physical or mental disability
- Serious medical condition
- Genetic information
B. Federal Anti-Discrimination Laws
| Statute | Protected Class | Citation |
|---|---|---|
| Title VII | Race, color, religion, sex, national origin | 42 U.S.C. Section 2000e et seq. |
| ADEA | Age (40+) | 29 U.S.C. Section 621 et seq. |
| ADA | Disability | 42 U.S.C. Section 12101 et seq. |
C. New Mexico Human Rights Bureau
Administrative Exhaustion Required:
- Must file HRB complaint within 300 days
- May request early release to district court
- Work-sharing agreement with EEOC
II. FACTUAL BACKGROUND
[Client Full Name] was employed by [Company Short Name] from [Start Date] through [End Date / Present] as a [Job Title] in [City], New Mexico.
III. LEGAL CLAIMS
A. Violation of NMHRA (Section 28-1-7)
[Company Short Name] violated the NMHRA by discriminating against our client based on [protected class].
Key Provisions:
- Applies to employers with 4+ employees
- Sexual orientation and gender identity protected
- No statutory caps on damages
- Spousal affiliation protected (unique to New Mexico)
IV. DAMAGES
| Category | Amount |
|---|---|
| Back Pay | $[Amount] |
| Lost Benefits | $[Amount] |
| Compensatory Damages | $[Amount] |
| Punitive Damages | $[Amount] |
| Attorney's Fees | $[Amount] |
| TOTAL | $[Amount] |
V. SETTLEMENT DEMAND
We demand that [Company Short Name] pay $[Settlement Demand Amount] to resolve all claims.
VI. RESPONSE DEADLINE
Please respond within twenty-one (21) calendar days, no later than [Response Deadline Date].
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[New Mexico Bar No.]
NEW MEXICO-SPECIFIC PRACTICE NOTES (Do Not Include in Final Letter)
Key New Mexico Considerations
[ ] Spousal Affiliation: Unique protected class - protects against discrimination based on spouse's employment
[ ] Sexual Orientation/Gender Identity: Protected under state law
[ ] Low Employee Threshold: Applies to employers with 4+ employees
[ ] No Damage Caps: No statutory limits on compensatory or punitive damages
[ ] Serious Medical Condition: Protected separately from disability
Statute of Limitations Reference
| Claim | Deadline | Citation |
|---|---|---|
| HRB Complaint | 300 days | NMSA 1978 Section 28-1-10 |
| Court Action | 90 days after right-to-sue | NMSA 1978 Section 28-1-13 |
| EEOC (deferral state) | 300 days | 42 U.S.C. Section 2000e-5(e) |