Sexual harassment is an unlawful discrimination, and anyone who engages in it is subject to the law under the New Mexico Human Rights Act. However, the offender does not wholly bear the brunt of the responsibility for any suffering an employee experiences. The employer generally holds as much liability as possible in ensuring that sexual harassment does not exist in the workplace.
How is my employer responsible for what happened to me?
Under federal and New Mexico state laws, your employer is responsible for addressing and preventing sexual harassment in the workplace. Here are key points to note when citing your employer’s liability.
- Employer responsibility: News or employee reports about sexual harassment should always prompt swift action which includes investigating complaints and taking steps to stop the harassment.
- Liability for non-action: An employer who fails to take action upon finding out about sexual harassment within the workplace can be held liable. Offenders may be co-workers or even non-employees like customers or contractors.
- Legal Consequences: A failure to address sexual harassment can lead to damages for emotional distress, back pay and other remedies deemed necessary by the law.
The law stipulates that your employer is responsible for your safety and security as a worker within the workplace. Ignoring a complaint may be even more damaging to your employer if they fail to take action.
What steps can I take if my employer ignores sexual harassment?
You can file a complaint through the Equal Employment Opportunity Commission (EEOC) or the New Mexico Human Rights Bureau. But before that, here are some steps to protect your rights.
- Document everything
- Follow internal procedures
- Consider external support
Seeking legal advice would be the best way forward with your complaint. It is best to have an attorney you can rely on to provide guidance on your rights and help you get justice.