Court allows discrimination claim

Associated Press

Updated: Apr 20, 2012 11:52 AM

SANTA FE, N.M. (AP) — The state Court of Appeals is allowing a probationary government worker to bring a claim against the state alleging her firing was based on age and sex discrimination.

The ruling on Thursday overturned a district judge's decision against Maria Rodriguez of Las Cruces, a Department of Workforce Solutions administrative law judge fired in 2007 at age 50. She is a former Dona Ana County magistrate judge.

Rodriguez filed a discrimination complaint under the Human Rights Act.

However, the state contended that wasn't allowed because she could be fired for any reason during a one-year probationary period.

The appeals court disagreed, saying "we cannot give the Personnel Act an enforcement status superior to the exceptionally important public policy against discrimination set out in the Human Rights Act."

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