New Mexico Pre-Employment Inquiries (Interviewing) laws & HR compliance analysis

New Mexico Pre-Employment Inquiries (Interviewing): What you need to know

Protected classes. The New Mexico Human Rights Act prohibits employers from making inquiries of prospective employees that state or imply any limitation or discrimination on the basis of race, age, religion, color, national origin, ancestry, sex, sexual orientation, gender identity, physical or mental disability, or serious medical condition, unless the inquiry is based on a bona fide occupational qualification (BFOQ). The law applies to employers with four or more employees (N.M. Stat. § 28-1-1 et seq.). The provisions concerning sexual orientation and gender identity apply to employers with 15 or more employees. If an employer has 50 or more employees, the Act prohibits discrimination on the basis of spousal affiliation.
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.
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Human immunodeficiency virus (HIV) status. The New Mexico AIDS Testing Law prohibits the testing for HIV status unless negative HIV status is a BFOQ for the job in question. The law also requires informed consent before testing and protects the confidentiality of test results. In addition, no person may require an individual to disclose the results of an HIV test as a condition of hiring, promotion, or continued employment, unless the absence of HIV is a bona fide occupational qualification for the job in question (N.M. Stat. §§ 28-10A-1, 24-2B-1 et seq.)
Criminal history. Public and private employers are prohibited from inquiring about criminal history information ...

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