Section 28-23-4 – Grievance procedure.
A. A person claiming to be aggrieved by an unlawful discriminatory practice in violation of the Fair Pay for Women Act may: (1) maintain an action to establish liability and recover damages and injunctive relief in any court of competent jurisdiction by any one or more employees on behalf of the employee or employees or […]
Section 28-23-5 – Retaliation prohibited.
It is a violation of the Fair Pay for Women Act for an employer or any other person to discharge, demote, deny promotion to or in any other way discriminate against an employee in the terms or conditions of employment in retaliation for the person asserting a claim or right pursuant to the Fair Pay […]
Section 28-23-6 – Enforcement; penalties; remedies.
A. An employer who violates a provision of the Fair Pay for Women Act shall be liable to the affected employee for damages and equitable relief, including employment, reinstatement and promotion. Damages shall be calculated on the basis of: (1) the affected employee’s unpaid wages and the damages from retaliation; (2) all other actual damages; […]
Section 28-23-1 – Short title.
This act [28-23-1 to 28-23-6 NMSA 1978] may be cited as the “Fair Pay for Women Act”. History: Laws 2013, ch. 12, § 1. ANNOTATIONS Effective dates. — Laws 2013, ch. 12 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the […]
Section 28-23-2 – Definitions.
As used in the Fair Pay for Women Act: A. “commission” means the human rights commission; B. “director” means the chief of the human rights bureau of the labor relations division of the workforce solutions department; C. “employ” means suffer or permit to work; D. “employee” means any individual employed by an employer; E. “employer” […]
Section 28-23-3 – Prohibition on paying employees less for same work.
A. No employer shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in the establishment at a rate less than the rate that the employer pays wages to employees of the opposite sex in the establishment for equal work on jobs […]