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Discrimination Discharge

Discharged because of who you are?

Federal and New Mexico law prohibit employers from firing employees based on protected characteristics. If your discharge was motivated — in whole or in part — by a protected trait, you may have a claim, and we will hold your employer accountable.

Protected Characteristics

When is a firing discriminatory?

It is illegal for an employer to fire you because of a characteristic the law protects. If any of the following played a role in your discharge, you may have a case:

These protections come from federal statutes — Title VII, the ADA, the ADEA, and the Pregnancy Discrimination Act — and from the New Mexico Human Rights Act, which in several respects protects New Mexico workers more broadly than federal law.

The Real Reason

Employers rarely admit it

Almost no employer says out loud that they fired someone because of race, age, pregnancy, or disability. Instead they point to "performance," a "reorganization," or a "policy violation" that appeared only once the real motive was in play. Proving discrimination means exposing that pretext. We do it by assembling:

  • The timeline of what actually happened
  • How comparable employees were treated differently
  • Your performance record before the firing
  • Shifting or inconsistent explanations for the discharge
  • Comments, emails, or witnesses revealing bias

Discrimination often overlaps with retaliation.

Many clients are fired twice over — once for a protected trait, and again for complaining about it. If you reported discrimination and were then let go, you may have both a discrimination and a retaliation claim.

See our retaliation page →

Common Questions

Discrimination FAQ.

What if discrimination was only part of the reason I was fired?

That can still be unlawful. In many cases you do not have to prove a protected trait was the only reason — only that it was a motivating factor in the decision.

I was replaced by someone in the same group. Do I still have a case?

Possibly. Who replaced you is one piece of evidence, not the whole picture. The pattern of treatment, comments, and the employer's shifting reasons often matter more.

Is New Mexico law better than federal law?

In several respects, yes. The New Mexico Human Rights Act covers some employers and protected categories more broadly than federal law. We evaluate every case under both.

What will it cost me?

Nothing upfront. We work on a contingency fee and advance case costs. We are paid only if we recover for you.

Don't Wait

Claims must be filed within 300 days.

Fired because of who you are? Tell us what happened — free, confidential, and no obligation.