Fighting For People Who Have Been Discriminated Against Or Retaliated Against At Work
At Ives & Flores, P.A., we represent employees of diverse backgrounds whose rights have been violated at work. Our experienced attorneys are dedicated to protecting the rights of employees and fighting against discriminatory and retaliatory practices in the workplace.
Although employers hold most of the power in the workplace, this doesn’t mean that they are entitled to discriminate against employees or violate their civil rights. New Mexico’s Human Rights Act prevents both private and public employers from discriminating against employees. And federal laws, including Title I of the Americans With Disabilities Act, Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Equal Pay Act provide further protections. In addition, both state and federal whistleblower protection laws prohibit retaliation when employees report certain kinds of employer wrongdoing.
There are many ways that employers can commit unlawful acts that violate an employee’s rights. Some common examples include:
- When an employee is sexually harassed at work.
- When an employee is physically assaulted at work.
- When an employee has been discriminated against in hiring, pay, promotion, job assignments, or benefits because of a protected characteristic, such as their sex, age, race, sexual orientation, gender identity, spousal affiliation, national origin, disability, or pregnancy.
- When an employee has been terminated or retaliated against for exercising their legal rights, such as reporting harassment or discrimination, whistleblowing, requesting medical leave, or requesting accommodations for a disability or pregnancy.
Discrimination and retaliation can take the form of obvious harassment, but it can also include:
- Less desirable work assignments
- Lower pay
- Failure to promote
- The requirement to relocate
If you believe that you have been the victim of employment discrimination or retaliation, it is important to speak with an experienced attorney as soon as possible. Often, before you can file a case in court, you have to bring a claim before a state or federal administrative body such as the New Mexico Human Rights Bureau or the Federal Equal Employment Opportunity Commission, and these administrative bodies have strict time limits. The attorneys at Ives & Flores have extensive experience in representing clients before these administrative agencies and ensuring that our clients’ cases make it out of the administrative bodies and into court, where they have the opportunity to obtain the necessary evidence and interview critical witnesses. Employment cases can be complex, and it takes an experienced attorney to help connect the dots between what the employer did and their illegal reason for doing it.
Employment discrimination and retaliation take a significant toll on an employee — both materially, in terms of income or difficulty in finding employment after termination, as well as personally, in terms of a damaged reputation or a loss of self-confidence. You need expert counsel to help right the balance and obtain justice on your behalf. If you have experienced discrimination or retaliation in the workplace, the attorneys at Ives & Flores, P.A. are here to help. Contact us today at 505-364-3858 or [email protected] to schedule a consultation and learn more about your rights and options.
Exposing Wrongdoing And Protecting Whistleblowers
Ives & Flores, P.A., our attorneys help whistleblowers expose wrongdoing and ensure that they are not retaliated against when they do so. As a whistleblower, you may be entitled to legal protection and financial rewards if you report misconduct or illegal activity within your company or organization.
Federal law protects whistleblowers who report violations of federal law or regulations. The most well-known federal whistleblower law is the False Claims Act, which allows individuals to report fraud or false claims made to the government. Under the False Claims Act, whistleblowers can file a lawsuit on behalf of the government and receive a portion of the recovery if the lawsuit is successful.
In addition to the False Claims Act, there are other federal laws that protect whistleblowers in specific industries, such as the Dodd-Frank Wall Street Reform and Consumer Protection Act, which protects whistleblowers in the financial industry, and the Sarbanes-Oxley Act, which protects whistleblowers in publicly traded companies.
In the state of New Mexico, whistleblowers are also protected by state law. The New Mexico Whistleblower Protection Act prohibits retaliation against employees who report misconduct or illegal activity to a supervisor or a public body. This law applies to all public and private employers in New Mexico and covers any employee who reports misconduct or illegal activity. The New Mexico Fraud Against Taxpayers Act, like the federal False Claims Act, permits whistleblowers to file a lawsuit on behalf of the State of New Mexico or a local government for fraud or false claims with respect to state or local government funds. The whistleblower can receive a portion of the recovery if they prevail in the lawsuit.
If you are a whistleblower and have experienced retaliation, such as being fired, demoted, or harassed, you may be able to file a lawsuit against your employer. In order to bring a successful whistleblower lawsuit, you must be able to show that you were subjected to retaliation because of your report of misconduct or illegal activity.
Contact Us To Learn More About How We Can Help
Ives & Flores, P.A., our experienced attorneys have a track record of successfully representing whistleblowers in federal and state lawsuits. We understand the unique challenges that whistleblowers face and are dedicated to protecting your rights and securing the maximum recovery for your case. If you know that your company is committing fraud against the federal, state, or local government, we encourage you to talk to us at 505-364-3858 so that we can help advise you about how to proceed. And if you are already a whistleblower and have experienced retaliation, we encourage you to contact us for a confidential consultation. Our attorneys will review your case and recommend the best course of action.