Former forensic scientist claims disability discrimination at Department of Public Safety
Nov. 23—A former forensic scientist has sued the state Department of Public Safety alleging disabilities discrimination from her supervisor and fellow employees led to her firing.
Amber Willis filed the lawsuit Nov. 10 against the department in state District Court in Santa Fe. She worked at the department's forensic laboratory in Hobbs, her attorney, Tim White, said during an interview.
Willis — who has been diagnosed with brittle bone disease and uses a wheelchair — says in the suit her supervisor and co-workers "expressed disdain for her medical conditions and reasonable accommodations, and these were regarded as inconvenient and a burden."
The complaint says her supervisor and co-workers complained about her accommodations, including the 10 seconds the wheelchair door stayed open as well as a small refrigerator provided to her, claiming it attracted mice. They also accused her of cheating on her training exams and forging her laboratory data, the lawsuit states.
Willis says she was also unprepared for a mock trial exam due to disparate treatment from a co-worker, and that it led to her firing.
"Willis did not receive a textbook, was given verbal coaching on irrelevant information, and she was given inaccurate guidance on courtroom attire and conduct," the lawsuit states, while her co-worker "received a textbook, pertinent coaching, the correct expectations for the courtroom ... and more opportunities to observe relevant courtroom testimony before the mock trial."
While the co-worker was given a standard mock trial, Willis was given "an unprecedented two-session mock trial" that other co-workers described as "brutal," the lawsuit states.
Willis was fired for "failing the mock trials, poor productivity and poor adherence to laboratory protocols," the lawsuit says.
Herman Lovato, a spokesman for the department, declined to comment on the specifics of the lawsuit.
"The Department of Public Safety is committed, by policy and ethical commitment, to a diverse workforce free from discrimination and retaliation," Lovato wrote in an email Wednesday. "We take seriously any allegations, but do not comment on pending litigation."
Willis is asking for back pay and "front pay" — a term for money that is often awarded in employment discrimination cases to make up for lost wages — in lieu of reinstatement to the position, as well as "all lawfully recoverable compensatory damages in amounts to be determined by the jury," the suit says.
White also represented DPS helicopter pilot LeAnne Gomez in a gender discrimination lawsuit filed in 2020. That case was settled for $750,000 in 2022, according to news reports.