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New Mexico

Elane Photography, LLC v. Willock, 2013-NMSC-040, 309 P.3d 53 (2013)

The plaintiff contacted Elane Photography, LLC (defendant) to photograph her commitment ceremony with her female partner. The defendant refused, explaining that same-sex commitment ceremonies conflicted with their personal beliefs. The plaintiff filed a complaint with the New Mexico Human Rights Bureau, who found the defendant to have discriminated against the plaintiff.

In re Schwartz, 149 N.M. 721 (2011)

Judge Robert Schwartz, a trial court judge in New Mexico, began a romantic relationship with an assistant public defender who regularly appeared before him. Upon realizing the conflict, Schwartz announced he would rescue himself from two of the assistant defender’s cases. However, he gave false reasons for his recusal and continued to adjudicate other matters involving the same attorney. The assistant public defender had attempted to disclose the relationship and recusal to her supervisor via voice message, underscoring the inherent conflict.

Littell v. Allstate Ins. Co., 143 N.M. 506 (2007)

Littell, a paralegal for Allstate’s Albuquerque in-house legal department, alleged that after a new attorney supervisor, Todd Aakhus, was hired in 1998, she endured a hostile work environment marked by sexual innuendo, inappropriate touching, pervasive dirty jokes, and explicit commentary. After reporting the conduct anonymously via Allstate’s hotline, Littell claims Aakus retaliated by subjecting her to harsher treatment, fabricated discipline, public beratement, refusal to leave during a family crisis, and ultimately her constructive discharge in 2002.

New Mexico Statutes § 28-1-7 Human Rights Act, Unlawful Discriminatory Practice

Under § 28-1-7 of the New Mexico Human Rights Act it is an unlawful discriminatory practice in the State of New Mexico for employers, labor organizations, public accommodators, housing providers, public contractors, among other providers, to discriminate in employment, housing, credit decisions, or other service decisions on the basis of gender, gender identity, pregnancy status, childbirth, sex, sexual orientation, or related conditions or status. 

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