New Mexico ADA: What you need to know
The New Mexico Human Rights Act prohibits employment practices that discriminate on the basis of physical or mental handicap or serious medical condition, unless based on a bona fide occupational qualification (BFOQ) (NM Stat. Sec. 28-1-1et seq.). The Act covers employers with four or more employees.
Serious medical condition. Regulations issued by the New Mexico Human Rights Commission define a serious medical condition as a serious health-related impairment other than a handicap, which substantially limits one or more of an individual’s major life activities and may be verified by medical diagnosis (NM Admin. Code. Sec. 188.8.131.52 GG). An individual who has a record of a serious health-related impairment or is regarded as having a serious health-related impairment is also considered to have a serious medical condition. According to the regulations, the term "serious medical condition" is intended to apply when protection against discrimination is required because of an impairment's severity or duration, or because there is a record of such an impairment.
BFOQ. Although a BFOQ is not defined by the statute, the New Mexico Supreme Court has decided that the firing of a nanny who was unable to perform her job because of illness was not wrongful because being able to attend work regularly is a BFOQ (Stock v. Granthan, 125 N.M. 564 (1998)). There is additional information on BFOQs. Handicap Defined
The term handicap means:
- A physical or mental impairment that substantially limits one or more major life activities
- A record of such an impairment
- Being regarded as having such an impairment
Employers are required to provide reasonable accommodation for an individual's physical or mental handicap ...
>> Read more about ADA
More on this topic:
District of Columbia |
New Hampshire |
New Jersey |
New Mexico |
New York |
North Carolina |
North Dakota |
Rhode Island |
South Carolina |
South Dakota |
West Virginia |
New Mexico ADA Resources
HR Redi2Use Form: Military Leave of Absence
This is your answer to document employee leave requests. A proven, prewritten form that covers specific policy situation exactly when you need it.
Audio Click 'n Train: ADA - What Supervisors Need to Know
This movie-like version of the powerpoint presentation with audio makes it easy to deliver ADA training to supervisors. This ready-to-deliver meeting gives you effective toolbox training - no preparation required! Includes meeting outlines, customizable PowerPoint® slides, handouts, quiz, trainer's guide and more!"
HR.BLR.com - Online State and National HR Employment Law Answers
HR.BLR.com is your online answer source for state HR compliance issues. The easy-to-use Library gives you plain-English compliance answers on all key state and federal regulations. Hundreds of downloadable job descriptions, forms and tools make your job easier. Call 1 800 454-0404 for a free personal site tour. "
Safety.BLR.com - Making Safety Training and Compliance Easier
Safety training and compliance just got easier. You get easy access to hundreds of training solutions, easy-to-understand regulatory analysis, analysis of federal and state full-text regs, regulatory activity, news, and best practices. Safety.BLR.com - your online safety solution."
What to Do About Personnel Problems in [Your State]
Understand how to comply with all HR regulations in YOUR state with this practical resource. You get plain-English explanations of state laws on over 200 key personnel topics. Includes comparisons of your state HR laws vs. federal. No wonder our customers call this service "THE HR RED BOOK™". Subscription includes online companion site with links/news! Book available either in print or on CD!