Case: Discrimination/Exhaustion Of Remedies (D.N.M.)

A New Mexico federal district court denied the City of Carlsbad’s motion for summary judgment on sex discrimination and retaliation claims brought by a female dispatcher under Title VII of the Civil Rights Act, the New Mexico Human Rights Act, and the New Mexico Whistleblower Protection Act, finding that the collective bargaining agreement between the City and the Carlsbad Police Officers Association neither required her to exhaust administrative remedies before filing suit nor contained a “clear and unmistakable” waiver of her right to pursue statutory discrimination and retaliation claims in a judicial forum.

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