New Mexico Discrimination laws & HR compliance analysis

New Mexico Discrimination: What you need to know

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.The Act applies to employers with four or more employees.
Effective July 1, 2021, the term “race” includes traits historically associated with race, including hair texture, length of hair, protective hairstyles, or cultural or religious headdresses. The term “protective hairstyles” includes braids, locs, twists, tight coils or curls, cornrows, bantu knots, afros, weaves, wigs, and head wraps.
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 ...

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