Discrimination: Frequently Asked Questions

What is "Unlawful Discrimination?"

Unlawful discrimination is when someone is treated differently by an employer, housing provider, or public accommodation because they are a member of a protected class. The term "discrimination" shall mean any difference in treatment, terms, conditions, or practices based on race, color, age*, religion, sex, national origin or ancestry, physical handicap, and source of income**.

Albuquerque Human Rights Ordinance — Unlawful discriminatory practice.

§ 11-3-7. Unlawful discriminatory practice.

It is an unlawful discriminatory practice for:

1. (A) An employer, unless based on a bona fide occupational qualification, to refuse to hire, to discharge, to promote or demote or to discriminate in compensation or terms and conditions of employment, against any person otherwise qualified, because of race, color, religion, sex, national origin or ancestry, age or physical handicap.
2. (B) A labor organization to exclude an individual or to expel or otherwise discriminate against any of its members or against any employer or employee because of race, color, religion, sex, national origin or ancestry, age or physical handicap.
3. (C) Any employer, labor organization, or any other person to refuse to admit or employ any individual in any program established to provide an apprenticeship or other training or retraining because of race, color, religion, sex, national origin or ancestry, age or physical handicap.
4. (D) Any employer, labor organization, or any other person to print or circulate or cause to be printed or circulated any statement, advertisement, or publication or to use any form of application for employment or membership, or to make any inquiry regarding prospective employment or membership which expresses, directly or indirectly, any limitation, specification, or discrimination as to race, color, religion, sex, national origin or ancestry, age or physical handicap, unless based on a bona fide occupational qualification.
5. (E) An employment agency to refuse to list and properly classify for employment or to refer an individual for employment in a known available job for which the individual is otherwise qualified because of race, religion, color, national origin, ancestry, age, sex, any physical or mental handicap unless based on a bona fide occupational qualification; or to comply with a request from an employer for referral of applicants for employment if the request indicates either directly or indirectly that the employer discriminates in employment on the basis of race, religion, color, national origin, ancestry, sex, or physical or mental handicap unless based on a bona fide occupational qualification.
6. Any person who provides any public accommodation to make a distinction, directly or indirectly, in offering or refusing to offer its services, facilities, accommodations or goods to any individual because of race, color, religion, sex, national origin or ancestry or physical handicap.
7. Any person to:
1. (1) Refuse to sell, rent, assign, lease or sublease, or offer for sale, rental, lease or sublease, or assignment, any housing accommodation, commercial space or real property to any individual, or to refuse to negotiate for the sale, rental, lease, assignment or sublease of any housing accommodation, commercial space or real property, or in the provision of facilities or services in connection therewith, because of race, color, religion, sex, national origin or ancestry, source of income or physical handicap.
2. (2) Print, circulate, display or mail, or cause to be printed, circulated, displayed or mailed, any statement, advertisement, publication or sign or use any form of application for the purchase, rental, lease, assignment or sublease of any housing accommodation, commercial space or real property, or to make any record or inquiry regarding the prospective purchase, rental, lease, assignment or sublease of any housing accommodation, commercial space or real property which expresses any preference, limitation or discrimination as to race, color, religion, sex, national origin or ancestry, source of income or physical handicap.
3. (H) Any person to whom application is made for financial assistance for the acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation, commercial space or real property, to:
8. (1) Consider race, color, religion, sex, national origin or ancestry, source of income or physical handicap in the granting, withholding, extending, modifying or renewing, or in the fixing of the rates, terms, conditions or provisions of any financial assistance, or in the extension of services in connection with the request for financial assistance; and
   1. Aid, abet, incite, compel or coerce the doing of any unlawful discriminatory practice or to attempt to do so.
   2. (2) Engage in any form of threats, reprisals or discrimination against any person who has opposed unlawful discriminatory practices or has filed a complaint, testified or participated in any proceeding under this article.
   3. (3) Willfully obstruct or prevent any person from complying with the provisions of this article or to resist, prevent, impede or interface with the Board or any of its members, staff or representatives in the performance of their duties under this article. ('74 Code, § 12-3-7) (Ord. 106-1973)

How do I know if I am being discriminated against?

You may have been discriminated against, if:

1. You are treated differently from others in a similar situation because of your race, color, religion, sex, national origin or ancestry, source of income or physical handicap; and
2. You are harmed by the treatment

Your issue can be resolved through conciliation to include compensation for any actual losses incurred because of the discrimination.

*Not applicable in housing or public accommodations.

** ONLY applies to housing.

If I feel like I am being discriminated against, what should I do?

You can contact the City of Albuquerque Office of Civil Rights or agencies addressing discrimination claims. [see Resources]

What can the Office of Civil Rights do for me?

The Office of Civil Rights provides for resolution of discrimination complaints, community outreach, technical assistance, and a broad range of other human rights related activities. Discrimination complaints are addressed and/or conciliated in employment, housing, and public accommodations.

All of our services are free of charge.

1. (2) Use any form of application for financial assistance or to make any record or inquiry in connection with applications for financial assistance which expresses, directly or indirectly, any limitation, specification or discrimination as to race, color, religion, sex, national origin or ancestry, source of income or physical handicap.
2. Any person or employer to: