Defense lawyers often wave this around early and say your case cannot go to court because you already "agreed" to private arbitration when you got hired, signed onboarding papers, or clicked through an employee portal. Their goal is usually to move the fight out of a public courtroom and into a private process that can limit discovery, keep the dispute quieter, and sometimes make claims harder to pursue.

An arbitration agreement in employment is a contract between a worker and employer saying certain job-related disputes will be decided by an arbitrator instead of a judge or jury. It may cover claims involving wrongful termination, harassment, retaliation, wage disputes, or discrimination. The fine print matters. Some agreements are broad; others carve out certain claims. A worker may still have the right to file a charge with the EEOC or the New Mexico Department of Workforce Solutions, Human Rights Bureau, even if the case later has to be arbitrated.

For an injury or workplace-rights claim, the first move is simple: get the exact agreement, every page, and any handbook or electronic acknowledgment tied to it. Check when it was signed, what claims it covers, and whether the employer followed its own rules. In New Mexico, arbitration agreements are generally enforceable under the Federal Arbitration Act, but they can still be challenged on grounds like unconscionability under New Mexico contract law. For sexual harassment or sexual assault disputes, the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 may block forced arbitration.