Natalie Bradley v. New Mexico Highlands University, Regents, Dr. Gloria Gadsden, and Jill Diamond

On May 20, 2024, we filed Natalie Bradley v. New Mexico Highlands University, Regents, Dr. Gloria Gadsden, and Jill Diamond, an action under the Family and Medical Leave Act (“FMLA”), Americans with Disabilities Act of 1990 (“ADA”), Section 504 of the Rehabilitation Act of 1973, New Mexico Human Rights Act (“HRA”), and New Mexico Whistleblower Protection Act (“WPA”) in the United States District Court for the District of New Mexico. View the First Amended Complaint here.

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Anyone giving truthful testimony is protected by law:

FMLA Section 2615(b) provides, “It shall be unlawful for any person to discharge or in any other manner discriminate against any individual because such individual—(1) has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to this subchapter; (2) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this subchapter; or (3) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this subchapter.  FMLA, 29 U.S.C. § 2615(b) (“Prohibited Acts:  Interference with Proceedings or Inquiries”).

ADA Section § 12203(a) provides, “No person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this chapter or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter.”  ADA, 42 U.S.C. § 12203(a) (“Prohibition against Retaliation and Coercion”).

NMHRA subsection 7(I)(2) forbids “any form of threats, reprisal or discrimination against any person who has opposed any unlawful discriminatory practice or has filed a complaint, testified or participated in any proceeding under the Human Rights Act.” NMHRA, NMSA § 28-1-7(I)(2).  

WPA Section 3 provides, “A public employer shall not take any retaliatory action against a public employee because the public employee:  A. communicates to the public employer or a third party information about an action or a failure to act that the public employee believes in good faith constitutes an unlawful or improper act; B. provides information to, or testifies before, a public body as part of an investigation, hearing or inquiry into an unlawful or improper act; or C. objects to or refuses to participate in an activity, policy or practice that constitutes an unlawful or improper act.”  WPA, NMSA § 10-16C-3 (“Public Employer Retaliatory Action Prohibited”).