Work should not feel unsafe, uncomfortable or threatening for you. If you are facing unwanted sexual advances from co-workers and nothing changes after you report it, you may be facing serious civil rights violations in your workplace.
There are laws designed to protect your right to a workplace that is safe, respectful and free from discrimination under New Mexico and federal law. Understanding your rights can help you take informed steps to protect yourself.
What counts as workplace sexual harassment?
There are two main types of workplace sexual harassment under U.S. and New Mexico law. The first is quid pro quo harassment which occurs when a supervisor offers you a promotion or other job benefit in exchange for sexual favors.
The second is a hostile work environment, where unwelcome sexual conduct interferes with your work life. Sexual harassment can also be physical, verbal or visual and non-verbal in nature.
Your rights under New Mexico and federal law
New Mexico and federal law protect you from sexual harassment at work. These laws give you important rights, including:
- Right to a harassment-free workplace: You have the right to work free from unwanted sexual comments, advances and conduct.
- Right to report without fear: You have the right to report harassment to your employer. Your employer should not punish you for speaking up.
- Right to investigation and action: You have the right to expect your employer to review your complaint and take steps to stop the harassment.
- Right to file formal complaints: If your employer does not resolve the issue, you can file a complaint with a state or federal agency for investigation.
If your employer fails to act, it may support your claim and show that your rights were not protected.
Reporting workplace harassment in New Mexico
If the harassment continues, you can file a formal complaint with the New Mexico Department of Workforce Solutions Human Rights Bureau, generally within 300 days of the last incident. You can also file with the U.S. Equal Employment Opportunity Commission.
Know your next steps
Workplace sexual harassment violates your civil rights under New Mexico and federal law. If your employer ignores your complaint, document what happened before filing a formal complaint. If you are unsure what to do next, a workplace sexual harassment lawyer can help you understand your options and protect your rights.