EDUCATION
EEOC moves to force Gallup-McKinley County Schools to turn over employee records
District ignored subpoena for hiring data amid allegations of bias against Native employees, agency says
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Modified
The federal agency monitoring workplace discrimination has taken court action to compel Gallup-McKinley County Schools to participate in an investigation into alleged bias against Native American employees.
The U.S. Equal Employment Opportunity Commission first filed the charge against the school district in August 2024, alleging the district had discriminated against Native American job applicants and employees by neglecting to interview, hire or promote them to be teachers, administrators and principals.
In July, the EEOC requested GMCS turn over five years of employment records for its investigation, though the district refused to comply. The information requested includes employee names, ethnicities, position titles, hiring and application dates and contact information, according to court documents.
On July 29 鈥� two days before the documents were due 鈥� Andrew M. Sanchez, an attorney for GMCS, sent an email to EEOC officials notifying them that the district would no longer cooperate with the investigation.
鈥淭he EEOC鈥檚 current investigation is simply a fishing expedition with no adverse action to an applicant or employee as to trigger it, and it illegally encroaches upon the privacy rights of the school district鈥檚 employees and applicants,鈥� Sanchez wrote.
A month later, the EEOC issued an administrative subpoena. GMCS has still not complied with the order, according to documents filed April 27 in federal court.
鈥淲hen employers fail to comply with the EEOC鈥檚 investigations, we will not hesitate to issue subpoenas and pursue enforcement in federal court,鈥� EEOC Chair Andrea Lucas said in a statement.
GMCS covers almost 5,000 square miles in western New Mexico and serves more than 9,700 students, nearly 80% of whom are Native American.
The embattled district has been seemingly embroiled in controversy in recent years 鈥� GMCS faced an investigation by the New Mexico Department of Justice after a report alleged the district had been unfairly disciplining Native students, and earlier this year, the district resolved a lengthy legal battle with online school provider Stride K12 after terminating its contract with the company.
When approached for comment on the EEOC filing, a GMCS spokesperson directed the Journal to the court documents.
Natalie Robbins covers education for the Journal. You can reach her at nrobbins@abqjournal.com.
