In Lobato v. N.M. Environment Department, the New Mexico Supreme Court ruled that the
Charge of Discrimination form used by the New Mexico Department of Workforce Solutions is
so misleading that plaintiffs do not have to exhaust administrative remedies against individual
defendants before suing them under the New Mexico Human Rights Act (NMHRA).

Relevant Legal Background

The NMHRA is a comprehensive scheme enacted in 1969 for the primary purpose of providing administrative and judicial remedies for unlawful discrimination in the workplace. Unlike Title VII of the Civil Rights Act of 1964, the NMHRA permits a claim for unlawful discrimination to be alleged against individuals as well as the (typically corporate) employer. In keeping with the NMHRA’s individual liability provisions, any person reporting unlawful discrimination must “file with the human rights division of the labor department a written complaint that shall state the name and address of the person alleged to have engaged in the discriminatory practice, all information relating to the discriminatory practice and any other information that may be required.” Charges of Discrimination with the (EEOC) and the New Mexico Department of Workforce Solutions (DWS).

Factual Background

Plaintiff Michael Lobato filed a Charge of Discrimination with the EEOC contending that his
employer, the New Mexico Environment Department (NMED), discriminated against him. He filed his administrative charge using the DWS’s official Charge of Discrimination form. Submitting this form to either the EEOC or the DWS constitutes filing with both agencies.

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