Under the New Mexico Human Rights Act, an employer may not ask an applicant any question about the applicant's race, age, religion, color, national origin, ancestry, sex, physical or mental handicap, or serious medical condition, unless based on a bona fide occupational qualification (NM Stat. Sec. 28-1-7).
The Act applies to employers with four or more employees, except in the following categories:
Sexual orientation. Employers with 15 or more employees are prohibited from discrimination on the basis of sexual orientation and gender identity.
Spousal affiliation. Employers with 50 or more employees may not discriminate on the basis of spousal affiliation. Spousal affiliation refers to marital status.
Retaliation. Employers are also prohibited from retaliating against any individual who opposes any unlawful discriminatory practice.
Criminal convictions. State law prohibits the state and its political subdivisions from asking about an applicant's criminal history on an employment application form. Employers may ask questions about criminal convictions during the interview stage of the hiring process. The law prohibits inquiries about arrest records that did not result in a valid conviction and misdemeanor convictions not involving crimes of moral turpitude.