The New Mexico Human Rights Act prohibits discrimination in employment based on 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 4 or more employees. The 15-employee threshold for discrimination based on sexual orientation and gender identity no longer applies effective June 14, 2019. Spousal affiliation discrimination applies to employers with 50 or 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, 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 accommodate ...