McDonnell Douglas and Retaliatory Discharge in New Mexico
The tort of retaliatory discharge has been around for decades in New Mexico.
Suprisingly however, little guidance for New Mexico practitioners exists on acceptable methods of proving circumstantial cases alleging an employer discharged an employee in violation of public policy. Claims of retaliation under federal statute such as Title VII and even those arising under the New Mexico Human Rights Act follow the well-established McDonnell Douglas burden-shifting framework.
The New Mexico Supreme Court, however, has so far declined to adopt such an approach in retaliatory discharge case.
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