Under the New Mexico Human Rights Act, employers may not make hiring decisions or make inquiries of or impose conditions on prospective employees based on race, age, religion, color, national origin, ancestry, sex, physical or mental disability, or serious medical condition unless membership in a particular group is a bona fide occupational qualification (BFOQ) (NM Stat. Sec. 28-1-1 et seq.). Employment situations requiring BFOQs are rare and employers should exercise extreme caution in making any such classification. Additional information is available.
Coverage.The Act applies to employers with four or more employees, except that spousal affiliation discrimination applies to employers with 50 or more employees. The 15-employee threshold for discrimination based on sexual orientation and gender identity no longer applies effective June 14, 2019.
Effective June 14, 2019, the Criminal Offender Employment Act prohibits private employers from using a written or electronic employment application to inquire about an applicant’s history of arrest or conviction (NM Rev. Stat. Sec. 28-2-1). After review of the application and an interview, an employer may take into consideration an applicant’s conviction. An employer may notify an applicant that the law or the employer’s policy could disqualify an applicant who has a certain criminal history from particular positions with the employer.
An applicant who claims a violation of the law may seek relief under the state Human Rights Act.
New Mexico law prohibits employers from requesting or requiring job applicants to provide passwords or access to their social networking accounts (NM Stat. Sec. 50-4-34). Employers are also prohibited from ...