The New Mexico Human Rights Act prohibits employment practices that discriminate on the basis of physical or mental handicap or serious medical condition, unless based on a bona fide occupational qualification (BFOQ) (NM Stat. Sec. 28-1-1 et seq.). The Act covers employers with four or more employees.
Serious medical condition. Regulations issued by the New Mexico Human Rights Commission define a serious medical condition as a serious health-related impairment other than a handicap, which substantially limits one or more of an individual’s major life activities and may be verified by medical diagnosis (NM Admin. Code. Sec. 188.8.131.52 GG). An individual who has a record of a serious health-related impairment or is regarded as having a serious health-related impairment is also considered to have a serious medical condition. According to the regulations, the term "serious medical condition" is intended to apply when protection against discrimination is required because of an impairment's severity or duration, or because there is a record of such an impairment.
BFOQ. Although a BFOQ is not defined by the statute, the New Mexico Supreme Court has decided that the firing of a nanny who was unable to perform her job because of illness was not wrongful because being able to attend work regularly is a BFOQ (Stock v. Granthan, 125 N.M. 564 (1998)).
• A physical or mental impairment that substantially limits one or more major life activities
• A record of such an impairment
• Being regarded as having such an impairment
Employers are required to provide reasonable accommodation for an individual's physical or mental handicap or serious medical condition unless ...