Employment Discrimination Demand Letter - New Mexico

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

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

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