By Alicia Gutierrez
To minimize exposure to liability for providing a negative or inaccurate job reference, employers should consider certain steps and precautions before responding to a reference inquiry.
If you feel giving substantive job references is important, as many employers do, you might consider having future or departing employees sign consent forms authorizing the employer to provide information in response to a reference request.
Under New Mexico law, where an employee consents to inquiries into qualifications and performance, a former employer is immune from liability for providing negative information about…
By Alicia Gutierrez
Proper investigations of sexual harassment are necessary not only to protect employers from suits by victims, but also to protect against claims by the accused harassers.
In 1988, the New Mexico Supreme Court affirmed a $1 million breach-of-contract judgment to a vice president who claimed he was discharged based on false charges of sexual harassment and a cursory investigation. Accused harassers also have brought defamation claims, sometimes with great success.
An employer’s duty to investigate is triggered when it knows or should know that harassment may be occurring.…
By Mark Glenn
Leaving work for three months to care for a newborn baby or to look after a parent in failing health, knowing that your job will be waiting when you return, sounds like a good deal to most employees.
The only catch is that all or part of that leave will be without pay.
The federal Family and Medical Leave Act allows 12-week leaves to eligible workers during a one-year period.
In general terms, the Act applies only to employers with more than 50 workers, schools…
By Mark Glenn
Once the duty to investigate an allegation of sexual harassment is triggered, employers must respond quickly with a thorough investigation. When conducting an investigation, bear these points in mind:
Select a neutral investigator and have the complaining employee approve that person. Often, the best choice is someone in human resources without management responsibility over any involved party.
Prepare an investigation plan. Decide which witnesses to interview and which documents to review. Generally, it is a good idea to ask the alleged victim and accused harasser who they think the potential…
This information is only a guide to evaluate pre-employment inquiries, written or oral, to avoid potential discrimination. If you have questions about this chart or other areas of employment law, please call Alicia Gutierrez or Mark Glenn at (505) 843-9440.
Address
It is not discriminatory to ask:
Applicant’s current and previous address and length of residence.
Inquiries into foreign addresses which would indicate national origin.
It may be discriminatory to ask:
Whether applicant owns or rents his or her home.
Relationship of person(s) with whom applicant lives.
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