The Court of Appeals of New Mexico was recently faced with the issue of whether a Tribal Nation is an employer pursuant to the New Mexico Human Rights Act (NMHRA). This decision has long been awaited by many because if Tribal Nations are employers, they would be subject to liability for NMHRA violations.
The NMHRA is New Mexico’s state civil rights law that protects New Mexicans from discrimination in various areas, such as employment, housing, credit, and public accommodation. Specifically, pursuant to the NHMRA, it is unlawful for an employer to discriminate in conditions of employment against any person otherwise qualified on the basis of any protected classes. The NMHRA requires that an unlawful discriminatory act requires an action committed by an employer.
The Act further defines employer as “any person employing four or more persons and any person acting for an employer.” A “person” is defined as “one or more individuals, a partnership, association, organization, corporation, joint venture, legal representative, trustees, receivers, or the state and all of its political subdivisions.”
The court held that under the plain language of the definition, a Tribal Nation, or any government besides a state government, is not a person, and therefore, not an employer under the NMHRA. We are familiar with this holding, as we have seen the courts look to a statute’s definition of person when applying it to the New Mexico Lottery, the federal government, and municipalities.
So why does this matter? Those who are employed by Tribal Nations may not have the ability to bring a claim under the NMHRA. Nevertheless, organizations cannot assume that if they do not meet the definition of employer under one statute, that they are not an employer under any statute. Instead, organizations, especially those such as Tribal Nations, municipalities, and other governmental bodies, need to make sure that they look to the definition of employer under each statute to determine which laws and regulations apply to them.
If you have any questions as to which statutes or regulations your organization may fall under, please contact Employers Council.
Jessy Bonds is an attorney for Employers Council.