NEW MEXICO DEPARTMENT OF PUBLIC SAFETY AGREES TO
IMPLEMENT NEW ANTI-DISCRIMINATION AND TRAINING POLICIES

WASHINGTON, D.C. - - The New Mexico Department of Public Safety (DPS), under an agreement reached with the Justice Department, will implement new sexual and racial harassment and anti-retaliation policies and will provide training to all of its employees on their rights and responsibilities under those policies. The agreement makes clear that the DPS has a zero tolerance policy for sexual and racial harassment and retaliation and will take mandatory and appropriate disciplinary action, including termination, against employees who engage in such conduct and supervisors who fail to properly report or respond to it.

"This agreement underscores the importance of protecting employee civil rights through anti-discrimination policies and training," said Ralph F. Boyd, Jr., Assistant Attorney General for Civil Rights. "DPS should be commended for its willingness to work cooperatively with the Justice Department in the development of its new policies."

The agreement resolves a lawsuit brought by the Justice Department arising out of an individual Equal Employment Opportunity Commission charge alleging sexual harassment in violation of Title VII of the Civil Rights Act of 1964, that was filed by former state police Lt. Crystel Menefee. The agreement with the Justice Department resolves all outstanding issues. Allegations filed by Ms. Menefee have been resolved separately.

The DPS denies the discrimination allegations, but has been working with the Department of Justice to improve its existing sexual harassment reporting and investigative procedures. The DPS has taken steps to prevent discrimination, and has agreed to broaden its new policy to include claims of racial harassment and retaliation. The claim brought by the Department of Justice did not include allegations of racial harassment.

Under the agreement with the Justice Department, the DPS will adopt a policy providing that every DPS employee has a right:

• to report sexual or racial harassment or acts of retaliation to any supervisor, regardless of the chain of command, or to the DPS Equal Employment Opportunity (EEO) Officer;
• to have his or her allegations investigated and promptly resolved;
• to be kept informed of the progress of the investigation; and
• to be provided with the EEO Officer's written conclusions about his or her complaint.

In addition, the policy also provides that:

• every DPS employee has a responsibility to prevent sexual and racial harassment and retaliation in the workplace; supervisors have additional affirmative obligations to ensure that complaints are referred to the EEO officer and that the workplace is free from sexual and racial harassment and retaliation;
• every DPS employee is subject to mandatory discipline, including termination, if s/he engages in or assists others in engaging in sexual or racial harassment or retaliation;
• every DPS employee shall receive mandatory annual sexual and racial harassment training.

Title VII of the Civil Rights Act prohibits discrimination in employment on the basis of gender, race, color, national origin or religion. More information about the Civil Rights Act and other federal employment laws is available on the Department of Justice Internet site at http://www.usdoj.gov/crt/emp/index.html

The agreement has been approved by the United States District Court in Albuquerque, New Mexico.

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