Intake

If you feel you have been discriminated against, file a complaint online. We are a neutral civil rights enforcement agency. AHRO investigators will determine if a basis for filing a complaint exists, and describe to you your options under the Albuquerque Human Rights Ordinance. Once your complaint is submitted, an investigator will contact you.

• The investigator will explain the definition of unlawful discrimination. Different treatment does not necessarily mean unlawful discrimination. To be discriminatory under the Ordinance, a person's action must meet certain tests, such as:
• The action must be based on your belonging to a protected class. The Ordinance currently includes race, religion, sex, age (not applicable in housing or public accommodation), national origin or ancestry, and physical disability.
• Action has been unequal. Someone has treated you differently from other people in a similar situation.
• Action must result in adverse consequences. You must have been harmed by the action.

If the issues appear to meet these tests, the investigator will draft a formal complaint for your signature. In this process, the investigator will ask for the details of what happened to you, including the dates, times and who was present or involved. You may be asked to make a list of possible witnesses, including their phone numbers and addresses. The final decision to file a complaint is yours.

If the issues do not appear to meet these tests, the investigator may take any of the following steps:

1. Explain that the issues do not meet the test under the Ordinance, for an investigation.
2. Refer you to another agency for help (i.e., Equal Employment Opportunity Commission, New Mexico Human Rights Division, the U. S. Department of Housing and Urban Development, or the Department of Justice Civil Rights Division, or an advocate or legal professional).

Conciliation/Pre-Determination Settlement (PDS)

After the discrimination charge is taken, AHRO will mail the complaint of discrimination, via certified mail, to the respondent. The respondent is given the option to enter into a Pre-Determination Settlement Agreement (PDS), wherein an attempt at a mutually agreed upon settlement is made prior to an investigation. This agreement is a "no-fault" agreement, in which terms and conditions of a settlement are negotiated between the complainant and the respondent, and in which the respondent does not admit violations of the law and the complainant agrees not to file suit against the respondent, based on the same issues. This settlement is a binding agreement, enforceable by AHRO.

Depending on the circumstances, the agreement might involve changes in the working conditions, apartment repairs, training for the Respondent's management and employees, and other terms designed to resolve the case. If the respondent chooses not to settle or the parties cannot agree to a resolution, an investigation is conducted.

Investigation (RID)

In this process, the assigned investigator requests pertinent Information and Documentation (RID) from the respondent. This information will be used to validate or refute the discrimination charge(s).

Neutral Party

The AHRO is a neutral party during the filing, conciliation, investigation and resolution of discrimination complaints. AHRO does not take sides in a case. The AHRO does not "speak for" the complainant, nor does it "represent" the respondent. AHRO's job is to enforce the City of Albuquerque's Human Rights Ordinance. We strive to be fair, honest, and impartial.

Case Conclusions

Settlements/Conciliation: If all parties in the discrimination complaint reach an agreement through the PDS process, the investigator will prepare a Conciliation Agreement for the Complainant, the Respondent, and staff of AHRO to sign.

Administrative Termination: AHRO may close the discrimination complaint if the investigation proves impossible. For example, if AHRO is unable to locate the complainant, refusal of the complainant to cooperate, or if you choose to file your case in court, AHRO may end the investigation through Administrative Termination.

Withdrawal: The complainant can end the investigation by requesting a withdrawal.

Determination (Finding): When the investigator has finished investigating the complaint, the AHRO makes a determination or finding. AHRO issues three types of findings: "reasonable cause", "no reasonable cause", and "non-determination."

• A finding of "reasonable cause" means that there is reason to believe that discrimination took place in the case.
• A finding of "no reasonable cause" means there is not enough evidence to support the claim under the Ordinance.
• A finding of "non-determination" means that there is not enough evidence to prove discrimination, or to vindicate the respondent.

The Albuquerque Human Rights Board has the final say in all cases for a "reasonable cause", "no reasonable cause", or "non-determination" findings. The complainant retains the right to file a complaint in Metropolitan Court.

Remedies

Each violation of the provisions of the Ordinance is punishable by a fine not to exceed three hundred ($300.00) dollars or imprisonment in the City jail for a period not to exceed ninety (90) days or both.