The New Mexico Human Rights Act prohibits discrimination on the basis of sex, sexual orientation, or gender identity ( NM Stat. Sec. 28-1-1 et seq.). The provisions prohibiting discrimination on the basis of sex apply to employers with four or more employees. The provisions concerning sexual orientation or gender identity apply to employers with 15 or more employees. Employers that have apprenticeship programs registered with the state are also prohibited from discriminating on the basis of sex (NM Admin. Code Sec. 126.96.36.199).
Bona fide occupational qualification (BFOQ) exception. Differences in treatment are permissible where sex is a BFOQ reasonably necessary for the position in question. However, the BFOQ exception is narrowly interpreted and employers should use caution in relying on this rational when making employment decisions that may have a discriminatory effect.
Under the state Human Rights Act, employers must treat pregnant employees the same as other employees with temporary disabilities for all employment-related purposes, including receipt of benefits (NM Admin. Code Sec. 188.8.131.52). This includes the commencement and duration of a leave of absence, the availability of extensions, the accrual of seniority and other benefits while on leave, and job reinstatement.
Employers with 50 or more employees may not discriminate on the basis of spousal affiliation. Spousal affiliation refers to marital status.