Under the New Mexico Human Rights Act, employers may not make hiring decisions or make inquiries of or impose conditions on prospective employees on the basis of 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 in the following categories:
• Spousal affiliation discrimination applies to employers with 50 or more employees.
• Sexual orientation or gender identity discrimination applies to employers with 15 more employees.
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 demanding access in any manner to prospective employees’ accounts or profiles on social networking websites. The law does not prohibit the employer from obtaining information that is already in the public domain.
Criminal convictions. State law prohibits the state and its political subdivisions from asking about an applicant's criminal history on an employment application form. Employers may ask questions about criminal convictions during the interview stage of the hiring process. The law prohibits inquiries about arrest records that did not result in a valid conviction and misdemeanor convictions not involving crimes of moral ...