New Mexico Affirmative Action laws & HR compliance analysis

New Mexico Affirmative Action: What you need to know

Affirmative action laws require an employer to make proactive efforts to represent individuals from certain protected classes in the workplace. Affirmative action requirements are separate and distinct from nondiscrimination laws, which prohibit discriminatory acts against protected persons but do not mandate proactive steps in their favor. This section is limited to a discussion of affirmative action requirements. There is additional information and a discussion of nondiscrimination laws.
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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)).
Affirmative action plans ordered by executive order of the governor. State agencies may be required by executive order to file an affirmative action plan (NM Admin. Code Sec. 9.1.1(16)). ...

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