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RODRIGUEZ v. DEPT. OF WORKFORCE SOLUTIONS

No. 30,726.

278 P.3d 1047 (2012)

2012-NMCA-059

Maria RODRIGUEZ, Plaintiff-Appellant, v. NEW MEXICO DEPARTMENT OF WORKFORCE SOLUTIONS, Defendant-Appellee.

Court of Appeals of New Mexico.

April 19, 2012.

Attorney(s) appearing for the Case

Law Offices of E. Justin Pennington, E. Justin Pennington , Albuquerque, NM, for Appellant.

Sandenaw Law Firm, P.C., CaraLyn Banks , Las Cruces, NM, for Appellee.

OPINION

SUTIN, Judge.

{1} This appeal pits the New Mexico Personnel Act against the New Mexico Human Rights Act on the question of which law is controlling when a discharged probationary state employee with no property interest in continuing employment seeks relief under the Human Rights Act for sex and age discrimination. The district court dismissed the employee's Human Rights Act claim on the ground that, under the Personnel Act, the State...

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