New Mexico Sexual Harassment laws & HR compliance analysis

New Mexico Sexual Harassment: What you need to know

The New Mexico Human Rights Act prohibits discrimination in employment based on sex, sexual orientation, or gender identity (NM Stat. Sec. 28-1-1 et seq.). "Sex discrimination" is defined in state regulations to include sexual harassment (NM Admin. Code Sec. 9.1.1.7).
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.
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“Sexual harassment” is defined in state regulations as any unwanted and/or repeated physical or verbal act that is sexual, including sexual advances, sexual conduct, verbal or nonverbal sexual suggestions, and sexual ridicule or sexual innuendoes that affect an employee's compensation or the terms and conditions of employment (NM Admin. Code Sec. 9.1.1.7).
Sexual orientation. “Sexual orientation” means heterosexuality, homosexuality, or bisexuality, whether actual or perceived.
Gender identity. “Gender identity” is a person's perception of himself or herself as a male or female, or the perception others may have of him or her.
State law does not require training regarding an employer's policy on sexual harassment. However, training supervisors and employees regarding the employer's policy is strongly recommended. Training enables supervisors to properly address sexual harassment complaints, educates the workforce on issues of sexual harassment and the prevention of potentially harassing situations, establishes the employer's policies, and provides the basis for an effective defense to sexual harassment claims. There is additional information and details.
The 10th Circuit Court of Appeals has ruled that an employer's sexual harassment policy and training program constituted evidence that it exercised reasonable care to prevent and correct harassment in the workplace (

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