If a respondent to a complaint filed pursuant to the Human Rights Act [28-1-1 NMSA 1978] is not complying with an order of the commission, the attorney general or district attorney, at the request of the secretary, shall secure enforcement of the commission’s order by a district court. The proceeding shall be initiated by the filing of a petition in the district court where the respondent is doing business or the alleged discriminatory practice occurred. A copy of the petition shall be served on the respondent personally or by registered mail, return receipt requested. The court may make and enter upon the proceedings an order to decree enforcement of the order of the commission.
HISTORY:
1953 4-33-11, enacted by Laws 1969, ch. 196, § 11; 1987, ch. 342, § 23.
Editor’s notes.
Laws 2005, ch. 208, § 27, repealed 28-1-15 NMSA 1978 which would have repealed this section on July 1, 2006.
Notes to Decisions
Subject matter jurisdiction.
Employer could not attack the Human Rights Commission’s subject matter jurisdiction over discrimination claims in an enforcement action under this section because such an action did not constitute a direct appeal and the employer failed to bring a direct appeal under 28-1-13 NMSA 1978 from a monetary award to a claimant in which it could have raised the issue. State Human Rights Comm'n v. Accurate Mach. & Tool Co., 2010-NMCA-107, 149 N.M. 119, 245 P.3d 63, 2010 N.M. App. LEXIS 107 (N.M. Ct. App.), cert. denied, 149 N.M. 64, 243 P.3d 1146, 2010 N.M. LEXIS 515 (N.M. 2010).