ABQ faces class action suit over disparity in pay for women

The City of Albuquerque is facing a class action lawsuit, filed by female employees who say they have been paid less than their male counterparts for years.  The suit was filed in 2018, but this month a state district judge ruled that the suit can include any classified female employee who worked at the city […]

ABQ faces class action suit over disparity in pay for women

The City of Albuquerque is facing a class action lawsuit, filed by female employees who say they have been paid less than their male counterparts for years. 

The suit was filed in 2018, but this month a state district judge ruled that the suit can include any classified female employee who worked at the city between 2013 and 2020 and was paid less than males doing the same job. The suit can also include those who no longer work for the city, but did during that time period. 

Alexandra Freedman Smith, the lead attorney for the plaintiffs, said she and the other plaintiffs’ attorneys are now in the process of notifying other women who might be owed compensation

The impetus of the suit is partly a New Mexico law enacted less than 10 years ago called the Fair Pay for Women Act. 

“The Fair Pay for Women Act was enacted in 2013, so from then on, this has been an issue,” sha said. 

Freedman Smith also said, unlike many other class action lawsuits that offer plaintiffs a cut of a settlement amount, women in this case are owed raises, back pay and possibly a recalculation of retirement pay.  

“The class members are entitled to substantial amounts of money,” she said. “We’re not talking about small amounts, we’re talking about large amounts.”

As part of his decision to allow the suit to become a class action, the judge included evidence that seemed to show a number of men started off at a higher wage than women who had been doing the same job, for longer. 

Freedman Smith said that data shows that the issue is not about job performance or seniority. 

“What we’re talking about is the base pay that people are paid, and they’re just getting a higher base pay from the get go than the women, even women who have been there a lot longer,” Freedman Smith said. 

Freedman Smith also said she has tried to work with the city to address the problem, with no success. 

“We’ve certainly tried to negotiate with them and they just haven’t been willing to do anything about it,” Freedman Smith said.

In a statement through a spokesman for Albuquerque Mayor Tim Keller’s office, the city’s legal department pointed out Keller’s past work advocating for pay equity. 

“While we can’t comment on ongoing litigation, Mayor Keller has been at the forefront of the pay equity fight in New Mexico for years, including leading the first statewide study of pay equity while at the State Auditor’s Office, and he will continue to advance fairness at the city,” the statement read. 

As state auditor, and months before he was elected to be mayor, Keller said his office found pay disparity on a state level

But less than a year after Keller became mayor the plaintiff’s filed their suit against the city. At the time, the plaintiffs were represented by Matt Garcia and Jonathan Guss. Both Garcia and Guss eventually left the case to work for Gov. Lujan Grisham. Garcia is currently the governor’s legal counsel and Guss is the deputy legal counsel.

Freedman Smith said it is unclear how much money the city may owe in back pay, but that it could have been avoided by both the Keller administration as well as the Richard Berry’s administration before that.  

“If they complied when the law was enacted, they could have prevented any issues,” Freedman Smith said. “And even if it had happened later, they still could have saved themselves a lot of money.”

We're ad free

That means that we rely on support from readers like you. Help us keep reporting on the most important New Mexico Stories by donating today.

Related

Emily’s List endorses seven candidates for Legislature

Emily’s List endorses seven candidates for Legislature

Emily’s List, a nonprofit that supports women candidates and reproductive rights, endorsed seven incumbents facing general election opponents in New Mexico legislative elections. All…
Equality New Mexico endorses 15 legislative candidates

Equality New Mexico endorses 15 legislative candidates

A New Mexico-based LGBTQ rights organization endorsed 15 candidates for state House and Senate seats for the 2024 elections.  Marshall Martinez, executive director of…
Lujan Grisham pocket vetoes two bills

Lujan Grisham pocket vetoes two bills

Gov. Michelle Lujan Grisham pocket vetoed two bills the legislature passed this legislative session: one changing the Cybersecurity Act and the other concerning law…
BLM announces final methane waste rule

BLM announces final methane waste rule

The federal Bureau of Land Management announced its final methane waste rule on Wednesday. These new regulations clamp down on the practice of venting…
What consumers, farmers should know about the flu impacting dairy cows

What consumers, farmers should know about the flu impacting dairy cows

Migrating birds appear to have caused a virus in dairy cattle that is causing reduced milk production. So far, the disease, which initially started…
Republicans seek to limit national monument designations

Republicans seek to limit national monument designations

Republican-backed legislation in the U.S. Congress would make it harder for the government to designate new national monuments. The proposed Congressional Oversight of the…
Amid new graduation requirements, what do high schoolers want to learn?

Amid new graduation requirements, what do high schoolers want to learn?

By Margaret O’Hara, The Santa Fe New Mexican The main things that bring Brayan Chavez to school every day: Seeing, talking to and engaging with…
Special ed teachers hope lawmakers OK pay raises, admin changes

Special ed teachers hope lawmakers OK pay raises, admin changes

By Margaret O’Hara, The Santa Fe New Mexican Brittany Behenna Griffith has a laundry list of adjectives to describe the ideal special education teacher:…
Lawmakers must find consensus on competing education spending plans

Lawmakers must find consensus on competing education spending plans

By Margaret O’Hara, The Santa Fe New Mexican A challenging task awaits New Mexico lawmakers in the next 30 days: Reconciling three very different…
Health workers fear it’s profits before protection as CDC revisits airborne transmission

Health workers fear it’s profits before protection as CDC revisits airborne transmission

Amy Maxmen, KFF Health News Four years after hospitals in New York City overflowed with covid-19 patients, emergency physician Sonya Stokes remains shaken by…
Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Gov. Michelle Lujan Grisham announced Friday $10 million in funding from the federal American Rescue Plan Act was awarded to six tribal nations and…
Proposal to curb executive powers moves to House Judiciary

Proposal to curb executive powers moves to House Judiciary

The House Government, Elections and Indian Affairs Committee discussed a potential constitutional amendment that seeks to limit the governor’s executive powers. The committee approved…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

Lawyers from the conservative Christian group that won the case to overturn Roe v. Wade are returning to the U.S. Supreme Court on Tuesday in pursuit…
Supreme Court to hear two abortion cases this spring

Supreme Court to hear two abortion cases this spring

Later this month, the U.S. Supreme Court will hear oral arguments on the case against the abortion medication mifepristone. It will hear a second…
New Mexico Medicaid to cover cost of over-the-counter oral contraception

New Mexico Medicaid to cover cost of over-the-counter oral contraception

New Mexico Medicaid announced on Wednesday that it will cover the cost of Opill, the first oral contraception approved for over-the-counter use. It is…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

Lawyers from the conservative Christian group that won the case to overturn Roe v. Wade are returning to the U.S. Supreme Court on Tuesday in pursuit…
San Juan County, Navajo Nation settle redistricting case

San Juan County, Navajo Nation settle redistricting case

The Navajo Nation and San Juan County reached an agreement Monday about commission districts after the tribe alleged that its members were not adequately…
MIT ranks NM elections most well-run in the U.S.

MIT ranks NM elections most well-run in the U.S.

New Mexico’s 2022 election was ranked most well-run in the country by Massachusetts Institute of Technology’s Election Data and Science Lab’s Elections Performance Index.…
Emily’s List endorses seven candidates for Legislature

Emily’s List endorses seven candidates for Legislature

Emily’s List, a nonprofit that supports women candidates and reproductive rights, endorsed seven incumbents facing general election opponents in New Mexico legislative elections. All…
BLM announces final methane waste rule

BLM announces final methane waste rule

The federal Bureau of Land Management announced its final methane waste rule on Wednesday. These new regulations clamp down on the practice of venting…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
What consumers, farmers should know about the flu impacting dairy cows

What consumers, farmers should know about the flu impacting dairy cows

Migrating birds appear to have caused a virus in dairy cattle that is causing reduced milk production. So far, the disease, which initially started…

GET INVOLVED

© 2023 New Mexico Political Report