The New Mexico Fair Pay for Women Act (FPWA) prohibits employers with four or more employees from discriminating against employees on the basis of sex by paying employees of one sex less than employees of the opposite sex for work that requires equal skill, effort, and responsibility, and that is performed under similar working conditions (NM Stat. Sec. 28–23–1 et seq.).
Differences in pay are permitted when based on a:
• Seniority system,
• Merit system, or
• System that measures earnings by quantity or quality of production.
Employers are prohibited from reducing any employee's wages to comply with the law. An agreement between an employer and employee for a specific wage in violation of the FPWA does not prevent the employee from claiming a violation of the law.
Retaliation. The FPWA prohibits an employer or any other person from discharging, demoting, denying promotion to, or otherwise discriminating against an individual in retaliation for asserting a claim under the FPWA, assisting another person to do so, or for informing another person about employment rights or other rights provided by law.
The New Mexico Human Rights Act (NM Stat. Sec. 28-1-7 et seq.) prohibits employers from making compensation decisions on the basis of race, age, religion, color, national origin, ancestry, sex, physical or mental handicap, or serious medical condition.