The New Mexico Fair Pay for Women Act (FPWA) prohibits employers from discriminating against employees on the basis of sex, within any establishment where the employees work, by paying employees of one sex wages at a rate less than it pays to employees of the opposite sex for equal work on jobs that require equal skill, effort, and responsibility and that are performed under similar working conditions (NM Stat. Sec. 28-23-1 et seq.). The FPWA applies to employers with four or more employees.
Differences in pay are permitted when based on a:
• Seniority system,
• Merit system, or
• System that measures earnings by quantity or quality of production.
Employers are prohibited from reducing any employee's wages to comply with the law. An agreement between an employer and employee for a specific wage in violation of the FPWA does not prevent the employee from claiming a violation of the law.
Retaliation. The FPWA prohibits an employer or any other person from discharging, demoting, denying promotion to, or otherwise discriminating against an individual in retaliation for asserting a claim under the FPWA, assisting another person to do so, or for informing another person about employment rights or other rights provided by law.
The New Mexico Human Rights Act (NM Stat. Sec. 28-1-7 et seq.) prohibits employers with four or more employees from making compensation decisions on the basis of race, age, religion, color, national origin, ancestry, sex, physical or mental handicap, or serious medical condition.