Mora, NM asked in Employment Discrimination for New Mexico

Q: I applied for job at a FQHC clinic in nm. They are saying they can't hire me because my great uncle is a board member???

I read NM laws and in NM I would be considered 4th relative which is not immediately family and would not stop me from being considered for the position. Would the federal law have anything different in this case?? I want to make a complaint but am unsure if is would be considered under EEOC? Thank you

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1 Lawyer Answer
Trent A. Howell
Trent A. Howell
  • Employment Law Lawyer
  • Santa Fe, NM
  • Licensed in New Mexico

A: An entity that is a “Federally Qualified Health Center” (FQHC) under Medicare and Medicaid statutes operates under certain federal regulations that may prohibit certain conflicts of interest, which may include nepotism in certain situations. Whether those regulations apply to you would depend on the details of the clinic and the potential workplace interactions between yourself and your great uncle. EEOC generally would not be involved in such a situation, unless you could demonstrate the stated reason for refusing to hire you is a pretext for discrimination on grounds of race, ethnicity, etc. (a category protected under Title VII, the Americans with Disabilities Act, etc.)

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