Lobato v. New Mexico Environment Department

TYMKOVICH, Circuit Judge.

Michael Lobato was a probationary employee at the New Mexico Environmental Department’s Farmington office. His status as a probationary employee meant he could be fired at will and without a right to appeal the decision, so long as the department’s reasons were provided in writing. Before completing his probationary period, Lobato was fired. In a letter explaining its decision, NMED cited Lobato’s dishonesty, failure to cooperate with management, and unprofessional attitude toward coworkers and the public.

Lobato, who is Hispanic and of Mexican ancestry, alleges that…