13-2307A. Race, gender, and other discrimination under the New Mexico Human Rights Act.
To establish that ____________________ (the defendant) discriminated against __________________ (the plaintiff) based on [his] [her] [race] [age] [religion] [color] [national origin] [ancestry] [sex] [serious medical condition] [physical or mental handicap] [sexual orientation][gender identity] [spousal affiliation], ______________ (the plaintiff) has the burden of proving the following:
(1) that ________________ (the plaintiff) was "otherwise qualified" for ______________________ (the position in question);1
(2) that ________________ (the defendant) __________________ (insert adverse action, i.e., refused to hire, fired, failed to promote, demoted, or discriminated in matters of compensation terms, conditions, or privileges of employment against) ___________________ (the plaintiff);
(3) that _________________ (the plaintiff)’s __________________ [race] [age] [religion] [color] [national origin] [ancestry] [sex] [serious medical condition] [physical or mental handicap] [sexual orientation] [gender identity] [spousal affiliation] was a motivating factor in _____________________ (the defendant)’s ______________________(insert adverse action, i.e, refusing to hire, firing, failing to promote, demoting, or discriminating in matters of compensation terms, conditions, or privileges of employment against) ___________________ (the plaintiff).
[If you disbelieve the reason(s) _________________ (the defendant) has given for ______________________ (insert adverse action), you may infer that _________________ (the defendant) took this action because of __________________ (the plaintiff)’s [race] [age] [religion] [color] [national origin] [ancestry] [sex] [serious medical condition] [physical or mental handicap] [sexual orientation] [gender identification] [spousal affiliation].]
USE NOTES
1. The term "otherwise qualified" is defined in UJI 13-2307J NMRA.
[Approved by Supreme Court Order No. 10-8300-024, effective September 27, 2010.]