Disclaimer: The law and
legal rules are subject to continual revision
and change. This article is dated July, 2003.
No attempt has been made to update this article
to reflect pertinent changes or developments
in the law, if any, since that date.
New Mexico employers take note. New Mexico has just joined the growing
ranks of states expressly prohibiting discrimination based on sexual
orientation and gender identity. Senator Cisco McSorley (D-Albuquerque)
introduced the bill effecting these changes in the recently concluded
New Mexico legislative session, and on April 8, 2003, Governor Richardson
signed it into law. The new measure, which is actually an amendment
to the New Mexico Human Rights Act, takes effect on July 1, 2003. As
of that date, it will be unlawful for any business in the state employing
four or more people to make employment-related decisions based on an
individual’s sexual orientation or gender identity.
The new law defines “sexual orientation” as “heterosexuality,
homosexuality or bisexuality.” The
term “gender identity” means
a person’s self-image “as a male
or female based upon the person’s appearance,
behavior or physical characteristics that
are in accord with or opposed to the person’s
physical anatomy, chromosomal sex or sex
at birth.” Both definitions contain
provisions penalizing employment decisions
based on the employer’s perceptions,
regardless of their accuracy. Thus, for example,
it will soon be unlawful for an employer
to refuse to hire a job applicant because
the employer merely suspects that the applicant
is gay.
Fortunately, the
effect of the new law is not overly difficult
to predict. It places
sexual orientation and gender identity on
equal footing with categories such as race,
gender, and religion — classifications
upon which it has long been unlawful to base
employment decisions. Now, add sexual orientation
and gender identity to the list, too.
There is an effort underway to stop the
law from taking effect until after the next
general election. However, the requirements
to put the law on hold are difficult to meet.
If you have questions or concerns about
this recent development, please contact us.
ABOUT RODEY
Since
Bernard Rodey opened the doors in 1883,
Rodey, Dickason, Sloan,
Akin & Robb, P.A., has grown to be one
of New Mexico’s largest law firms.
We are a full-service firm with over 65 attorneys.
The Rodey Law Firm is divided into two primary
practice areas: Litigation and Business.
Practice groups within each department emphasize
particular areas of the law so clients can
benefit from our past experience. We welcome
the opportunity to represent the interests
of businesses and individuals in New Mexico.
EMPLOYMENT LAW PRACTICE
GROUP
Scott D. Gordon is the
Leader of the firm's Employment Law Practice
Group. He is certified by the National
Board of Trial Advocacy as a Civil Trial
Advocate, and by the New Mexico Board of
Legal Specialization as a specialist in
Civil Trials and in Employment and Labor
Law. Mr. Gordon also has experience in
training managers and teaching seminars
on a variety of employment-related topics.
Theresa W. Parrish practices
in the Litigation Department with an emphasis
on employment law and litigation, general
complex litigation and professional liability.
Ms. Parrish is a certified specialist in
Employment and Labor Law. Ms. Parrish also
counsels employers regarding compliance with
state and federal equal opportunity laws
including Title VII, the Americans with Disabilities
Act, the Family and Medical Leave Act, and
the New Mexico Human Rights Act.
Charles J. Vigil practices
in the areas of employment law, civil rights,
business litigation, and professional liability.
Mr. Vigil has jury and non-jury trial experience
in both the state and federal courts, including
the trials of breach of contract, Family
and Medical Leave Act, Title VII and legal
malpractice cases. Mr. Vigil also advises
and consults with personnel managers regarding
issues of discipline, discharge, compliance
with state and federal employment laws.
Thomas L. Stahl is
certified by the New Mexico Board of Legal
Specialization as a specialist in Employment
and Labor Law. Mr. Stahl has represented
employers large and small in a wide range
of employment actions, including claims of
age, race, religion, sex and disability discrimination,
sexual harassment, retaliatory discharge,
breach of contract and defamation. He also
provides employer counseling and training
on the legal aspects of human resource issues.
Jeffrey L. Lowry has
experience representing clients in a wide
variety of employment matters, including
responding to EEOC investigations and litigating
breach of contract and sex and race discrimination
lawsuits. Mr. Lowry has represented clients
in appeals before the United States Court
of Appeals for the Tenth Circuit and the
New Mexico Court of Appeals. He is certified
by the New Mexico Board of Legal Specialization
as a specialist in Employment and Labor Law.
Aaron C. Viets practices
in the Litigation Department with an emphasis
on employment law. During law school at the
University of New Mexico he earned a Bondurant
Merit Scholarship and graduated with grades
high enough for honors. He was also a member
of the UNM Law Review and published a casenote,
found at 28 NMLR 133 (1998). After law school,
Mr. Viets clerked for the Honorable James
A. Parker, Chief United States Judge for
the District of New Mexico.
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