Luboyeski v. Hill

OPINION

MONTGOMERY, Chief Justice.

This case involves, primarily, the question whether the New Mexico Tort Claims Act overrides or supersedes the New Mexico Human Rights Act, so as to shield a governmental entity from liability that would otherwise flow from a discriminatory practice proscribed by the latter Act. We hold that it does not.

The case arises from an appeal by Lynn Luboyeski from a determination of “no probable cause” by the Human Rights Division of the New Mexico Department of Labor (“the Division”). In the appeal she named as defendants not only the Santa Fe Public School System…