Legal Opinion

Phifer v. Herbert

New Mexico Court of Appeals

Decided January 28, 1993No. 12752PublishedCited by 20 opinions

1Opinion of the Court

OPINION

FLORES, Judge.

This is an action for damages allegedly caused by sexual harassment on the job. Plaintiff appeals from the district court’s order dismissing her complaint on the grounds that Plaintiff failed to exhaust her administrative remedies pursuant to the New Mexico Human Rights Act, NMSA 1978, §§ 28-1-1 to -7, 28-1-9 to -14 (Repl.Pamp.1987) (NMHRA), and thus the district court had no jurisdiction. The sole issue on appeal is whether Plaintiff’s complaint comes under the mandatory remedial provisions of NMHRA or whether it states an independent action in tort. We reverse and…

2Cases cited19 opinions

  1. Woolwine v. Furr's, Inc.New Mexico Court of Appeals · 1987
  2. Pharmaseal Laboratories, Inc. v. GoffeNew Mexico Supreme Court · 1977
  3. Schmitz v. SmentowskiNew Mexico Supreme Court · 1990
  4. C & H Construction & Paving Co. v. Citizens BankNew Mexico Court of Appeals · 1979
  5. Las Luminarias of the New Mexico Council of the Blind v. IsengardNew Mexico Court of Appeals · 1978

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3Cited by20 opinions

  1. Trujillo v. Northern Rio Arriba Electric Cooperative, Inc.New Mexico Supreme Court · 2001
  2. Beavers v. Johnson Controls World Services, Inc.New Mexico Supreme Court · 1994
  3. Luboyeski v. HillNew Mexico Supreme Court · 1994
  4. Barreras v. State Corrections DepartmentNew Mexico Court of Appeals · 2002
  5. Spectron Development Laboratory v. American Hollow Boring Co.New Mexico Court of Appeals · 1997

15 more not listed; retrieve them via the Exa API.

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