Chapter 14

HUMAN RIGHTS*

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* Cross References: Health and human services, ch. 12; fair housing, § 13-61 et seq.

State Law References: Municipal home rule, Const. art. X, § 6; NMSA 1978, § 3-15-13; Human Rights Act, NMSA 1978, § 28-1-1 et seq.

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Article I. In General

Secs. 14-1--14-25. Reserved.

Article II. Discrimination

Division 1. In City Government

Sec. 14-26. Purpose.

Sec. 14-27. Discrimination complaint policy.

Sec. 14-28. Discrimination review.

Sec. 14-29. Retaliation.

Secs. 14-30--14-55. Reserved.

Division 2. In Public Business Establishments

Sec. 14-56. Definitions.

Sec. 14-57. Prohibited.

Sec. 14-58. Exceptions.

Sec. 14-59. Civil remedies.

ARTICLE I.

IN GENERAL

Secs. 14-1--14-25. Reserved.

ARTICLE II.

DISCRIMINATION

DIVISION 1.

IN CITY GOVERNMENT

Sec. 14-26. Purpose.

The city is committed to a policy of nondiscrimination in all areas of city government. This policy is extended to include all applicants for city employment and current employees, as well as participants and beneficiaries of services.

(Ord. No. 1871, § I, 6-4-01)

Sec. 14-27. Discrimination complaint policy.

If a person believes he/she has been discriminated against by any official, employee, policy or procedure of the city because of his/her race, religion, sex, sexual orientation, gender identity, color, ancestry, serious medical condition, national origin, age, or disability, political or religious affiliation, he/she needs to contact the EEO officer for a discrimination complaint form.

(Ord. No. 1871, § I, 6-4-01; Ord. No. 1973, § 1, 1-3-03; Ord. No. 2018, § I, 8-4-03)

Sec. 14-28. Discrimination review.

Charges of alleged violations under this article shall be presented to the city. In the event that discrimination charges are alleged against the city manager, the city council will appoint a hearing officer to hear the complaints and make a recommendation to the council.

Nothing in this section shall preclude any individual from filing a formal charge with the appropriate local, state, or federal civil rights agency at any stage of the procedure. If the grievant elects to file a formal charge with one of the enforcement agencies before a recommendation is rendered, any investigation by the city's equal employment office may be terminated.

(Ord. No. 1871, § I, 6-4-01)

Sec. 14-29. Retaliation.

No complainant will be retaliated against as a result of filing a complaint or participating in the investigation of a complaint by providing information, testimony, or assisting in the investigation in any way.

(Ord. No. 1871, § I, 6-4-01)

Secs. 14-30--14-55. Reserved.

DIVISION 2.

IN PUBLIC BUSINESS ESTABLISHMENTS*

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* Cross References: Licenses, taxation and miscellaneous business regulations, ch. 16.

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Sec. 14-56. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Private club means a private organization that meets the private club requirements under title II of the Civil Rights Act of 1964. A private club loses their exemption to the extent that they are made available for use by nonmembers as places of public accommodation.

Public business means any private entity that owns, leases (or leases to), or operates an establishment that has a commodity or service for purchase.

Religious entity means a religious organization or an entity controlled by a religious organization, including a place of worship.

(Code 1988, § 16-61; Ord. No. 1871, § I, 6-4-01)

Cross References: Definitions generally, § 1-2.

Sec. 14-57. Prohibited.

It shall be unlawful for any owner, operator, manager, agent or employee of such owner, operator or manager of any public business establishment in the city to refuse, withhold from or deny to any person for any reason directly or indirectly relating to the race, religion, national origin, color, ancestry, sex or disability of such person any of the commodities, accommodations, advantages, facilities or services of such establishment or to discriminate against any person for any such reason in furnishing such products, accommodations, advantages, facilities or services.

(Code 1988, § 16-62; Ord. No. 1871, § I, 6-4-01)

Sec. 14-58. Exceptions.

This division shall not apply to any private club operated by a bona fide private group, not conducted for the purpose of evading this division, when the commodities, accommodations, advantages, facilities and services are restricted to the members of such group, nor to any bona fide fraternal, educational, political or religious organization.

(Code 1988, § 16-63; Ord. No. 1871, § I, 6-4-01)

Sec. 14-59. Civil remedies.

This division shall not be construed as to either add to or detract from any civil remedies available to persons subjected to religious or racial discrimination.

(Code 1988, § 16-64; Ord. No. 1871, § I, 6-4-01)