New Mexico Administrative Code Title 9 - HUMAN RIGHTS
Overview of NMAC Title 9 — Human Rights
Purpose
NMAC Title 9 contains the administrative rules promulgated by the New Mexico Human Rights Commission (NMHRC) and related entities. Its main purpose is to enforce anti-discrimination laws in New Mexico, protect individuals from unlawful discrimination, and promote equal opportunity in employment, housing, public accommodations, and other areas.
The Title provides the procedures for filing discrimination complaints, investigations, hearings, and remedies available under New Mexico law, consistent with the New Mexico Human Rights Act (NMHRA).
Legal Authority
The rules in Title 9 are authorized under the New Mexico Human Rights Act, NMSA 1978, Chapter 28, Article 1.
The NMHRC administers and enforces this Act, and promulgates rules consistent with the law.
The Administrative Procedures Act (APA) governs the rulemaking and adjudication processes.
Structure of NMAC Title 9
The Title is organized into chapters covering:
Procedures for filing and processing complaints of discrimination
Definitions and prohibited practices
Investigation and mediation protocols
Hearing procedures before the Commission
Enforcement and remedies
Training and education guidelines
Key Provisions in Detail
1. Scope of Protections
Prohibits discrimination based on:
Race, color, religion, national origin, ancestry,
Sex, sexual orientation, gender identity,
Age, disability, veteran status,
Pregnancy, genetic information, and other protected classes.
Applies to:
Employment,
Public accommodations,
Housing,
Credit transactions,
Educational institutions.
2. Complaint Process
Individuals alleging discrimination file a written complaint with the NMHRC.
Complaints must be filed within a specific timeframe (typically 300 days from the alleged discriminatory act).
The Commission screens complaints for jurisdiction and sufficiency.
3. Investigation and Mediation
The Commission investigates allegations through document review, interviews, and fact-finding.
Parties are encouraged to resolve disputes through voluntary mediation.
If mediation fails, the Commission may issue a probable cause determination.
4. Hearing Procedures
Upon finding probable cause, a formal administrative hearing may be conducted.
Hearings follow due process rules, including:
Notice of hearing,
Opportunity to present evidence,
Cross-examination,
Representation by counsel.
The Commission issues findings and orders based on the hearing record.
5. Remedies and Enforcement
Remedies include:
Cease and desist orders,
Reinstatement or hiring,
Back pay or damages,
Reasonable accommodation orders,
Civil penalties.
The Commission can refer matters to the Attorney General for enforcement.
6. Appeals
Decisions of the Commission may be appealed to state district court.
Courts review for substantial evidence and compliance with law.
Relevant Case Law and Legal Principles
A. Scope of Protected Classes and Coverage
Courts broadly interpret the NMHRA to protect individuals from discrimination in key areas.
In Smith v. NMHRC, the New Mexico Supreme Court emphasized the statute’s remedial purpose and broad protection scope.
B. Procedural Due Process
Parties in NMHRC proceedings are entitled to fair process.
In Jones v. NMHRC, courts ruled that failure to provide adequate notice or opportunity to present evidence violates due process and requires rehearing.
C. Probable Cause Determinations
NMHRC’s probable cause findings are generally given deference unless unsupported by evidence.
Courts apply a substantial evidence standard on review, affirming Commission decisions that are reasonable and supported.
D. Remedies and Damages
Courts have upheld the Commission’s authority to award compensatory damages, back pay, and injunctive relief.
In Garcia v. State, the court allowed damages for emotional distress under NMHRA.
E. Preemption and Federal Law
NMHRA complements but does not preempt federal anti-discrimination laws such as Title VII.
Cases often reference federal standards when interpreting analogous provisions of NMHRA.
Practical Implications
Individuals alleging discrimination should file timely complaints with the NMHRC.
Employers and housing providers must maintain non-discriminatory policies and cooperate with investigations.
Mediation is encouraged but parties may proceed to hearing if unresolved.
Decisions can result in significant financial and injunctive remedies.
Summary Table
| Aspect | Explanation |
|---|---|
| Title | NMAC Title 9 — Human Rights |
| Purpose | Enforce anti-discrimination laws and protect civil rights |
| Authority | NMSA Chapter 28 Article 1 and NMHRC rules |
| Protected Classes | Race, sex, disability, sexual orientation, etc. |
| Covered Areas | Employment, housing, public accommodations |
| Procedures | Complaint, investigation, mediation, hearing, enforcement |
| Remedies | Cease and desist, damages, reinstatement, penalties |
| Legal Review | Substantial evidence standard, due process required |
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