Phifer v. Herbert
New Mexico Court of Appeals
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…
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