The New Mexico Human Rights Act prohibits discrimination in employment based on race, age, religion, color, national origin, ancestry, sex, sexual orientation, gender identity, pregnancy, childbirth, conditions related to pregnancy or childbirth, physical or mental disability, or serious medical condition (NM Stat. Sec. 28-1-1 et seq.). If an employer has 50 or more employees, the Act prohibits discrimination based on spousal affiliation.
Coverage.As of June 14, 2019, the Act applies to employers with 4 or more employees, a reduction from the previous 15-employee threshold.
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, or employment application form or make any preemployment inquiry that expresses, directly or indirectly, any limitation, specification, or discrimination based on a protected characteristic unless based on a bona fide occupational qualification (BFOQ).
• Aid, abet, incite, compel, or coerce any unlawful discriminatory practice or 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 interfere with the Human Rights Commission.
• Refuse or fail to ...