The New Mexico Human Rights Act prohibits discrimination in employment on the basis of race, color, age, religion, national origin, ancestry, sex, physical or mental handicap, or serious medical condition, or spousal affiliation (NM Stat. Sec. 28-1-1et seq.). The Act applies to all private employers with 4 or more employees, except laws prohibiting discrimination based on age (20 or more employees) and spousal affiliation (50 or more employees). Employers of 15 or more are prohibited from discriminating against employees based on sexual orientation or gender identity. There is no specific affirmative action provision covering private employers.
Spousal affiliation. No definition is provided in the statute for spousal affiliation.
State agencies. Under rules adopted by the Human Rights Division, state agencies must develop and implement affirmative action plans to advance equal employment objectives and prevent discriminatory practices (NM Admin. Code Sec. 9.1.1(16)).