The New Mexico Human Rights Act prohibits discrimination in employment on the basis of race, color, age, religion, national origin, ancestry, sex, sexual orientation, gender identity, spousal affiliation, physical or mental disability, or serious medical condition (NM Stat. Sec. 28-1-1 et seq.).
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.
Under the Act it is unlawful for an employer to:
• Discharge, promote, demote, refuse to hire, or discriminate in matters of compensation, terms, conditions, or privileges of employment against any person because of a protected characteristic.
• Refuse to admit or employ a person in an apprenticeship program, training, or retraining because of a protected characteristic.
• Print or circulate any statement, advertisement, publication, employment application form, or make any preemployment inquiry that expresses, directly or indirectly, any limitation, specification, or discrimination on the basis of a protected characteristic unless based on a bona fide occupational qualification (BFOQ).
• Aid, abet, incite, compel, or coerce any unlawful discriminatory practice or to attempt to do so.
• Engage in any form of threats, reprisal, or discrimination against any person who has opposed any unlawful discriminatory practice or has filed a complaint, testified, or participated in any proceeding under the Act.
• Intentionally obstruct or prevent any person from complying with the Act, or to interfere with the Human Rights Commission.
• Refuse or ...