PNM Reaches $750,000 Settlement with EEOC in ADA Disability and Retaliation Case

What happened

Story at a glance

Who: Public Service Company of New Mexico (PNM) and PNMR Services Co.
What happened: Settled an employment discrimination lawsuit for $750,000 with the U.S. Equal Employment Opportunity Commission (EEOC).
When: Announced on October 4, 2023.
Where: Albuquerque, New Mexico.
Why it matters: The lawsuit alleged that PNM discriminated against employees with disabilities and retaliated against them for opposing discrimination.
How the issue arose: The settlement was reached after the EEOC filed a lawsuit due to PNM's failure to accommodate employees returning from medical leave and other discriminatory practices.

The U.S. Equal Employment Opportunity Commission (EEOC) announced a $750,000 settlement with Public Service Company of New Mexico (PNM) and PNMR Services Co. to resolve a federal disability discrimination and retaliation lawsuit. The EEOC alleged PNM implemented policies that failed to accommodate qualified employees with disabilities, including requiring employees returning from medical leave to be released to 'full duty' without restrictions, placing them on involuntary unpaid leave if they couldn't return within 90 days, and refusing to reassign them to vacant positions. The settlement includes monetary relief for ten individuals and requires PNM to revise its policies, provide ADA training, and report discrimination complaints for two years.

PNM will pay $750,000 to settle the lawsuit.
The lawsuit was filed by the EEOC due to PNM's alleged failure to accommodate employees with disabilities.
Employees unable to return to work without restrictions were placed on involuntary unpaid leave within 90 days.
The settlement includes provisions for PNM to revise its policies and provide annual training on ADA compliance.

The case was resolved through a consent decree after the EEOC filed the lawsuit.

Read the source from Anzlaw.thomsonreuters

The employment law issue

Failure to provide reasonable accommodations and unlawful termination based on disability.

For employees and workers who may be facing discrimination, retaliation, harassment, or termination issues, the important point is not simply that a lawsuit was filed. The question is what the facts could prove: who knew about the complaint, what changed afterward, whether the employer's explanation stayed consistent, and what documents or witnesses support each side.

Why the plaintiff says this was discrimination

The EEOC says the hiring or promotion process was discriminatory because it treated race or sex as part of the decision, or because the stated reason for the decision does not match the surrounding facts. In a case like this, the agency is usually looking for a qualified applicant, a decision that favored someone else, and records that show whether the employer changed its explanation or could not consistently justify the outcome.

If you applied for a job or promotion, compare the posting, your qualifications, the interview notes, who made the decision, and the explanation you were given. The issue becomes more serious if the reason changed over time, if the selection process was not consistent, or if the record suggests a protected characteristic or complaint affected the result.

For employees and workers who may be facing discrimination, retaliation, harassment, or termination issues, the practical question is whether the reported facts line up with your own experience: did you apply or ask for advancement, were you qualified, what reason did the employer give, and did that reason stay the same when you asked for an explanation?

Why it matters

This case highlights the legal obligations of employers to accommodate employees with disabilities and the consequences of failing to do so, reinforcing the protections against workplace discrimination.

It also points to practical questions people often ask in their own workplace disputes: What should I do if my employer refuses to accommodate my disability? How can I report discrimination in my workplace? What are my rights under the Americans with Disabilities Act? Can I seek compensation if I have been discriminated against at work?

The practical takeaway is evidence. Employers must provide reasonable accommodations for employees with disabilities. Employees should be aware of their rights under the ADA and the process for reporting discrimination. Retaliation against employees for opposing discrimination is illegal. Settlements can provide monetary relief and require changes in employer policies.

Practical steps to consider

Write down the timeline while it is still fresh, including who said what and when key decisions were made.
Keep pay records, schedules, complaints, emails, write-ups, policy documents, and termination paperwork.
Do not assume a news article answers your situation. The same legal issue can come out differently depending on the facts.
If the issue involves pay, retaliation, discrimination, harassment, or termination, consider speaking with an employment lawyer before deadlines or evidence become a problem.

Questions readers may have

What should I do if my employer refuses to accommodate my disability?

The answer depends on the exact facts, the records available, the decision-makers involved, and the law that applies to the workplace.

How can I report discrimination in my workplace?

The answer depends on the exact facts, the records available, the decision-makers involved, and the law that applies to the workplace.

What are my rights under the Americans with Disabilities Act?

The answer depends on the exact facts, the records available, the decision-makers involved, and the law that applies to the workplace.

This article is general information, not legal advice. Talk with a qualified professional about your specific situation.