New Mexico Physical Exams laws & HR compliance analysis

New Mexico Physical Exams: What you need to know

The New Mexico Human Rights Act prohibits employment practices that discriminate on the basis of race, age, religion, color, national origin, ancestry, sex, mental or physical handicap, serious medical condition, but it does not specifically address the issue of physical examinations. However, employers may violate the Act if exam policies screen out a particular group or otherwise discriminate on the basis of one of these protected characteristics. The Act covers private employers with four or more employees (NM Stat. Sec. 28-1-1 et seq.). Employers with 15 or more employees are prohibited from discrimination based on sexual orientation or gender identity.
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The federal Americans with Disabilities Act (ADA) prohibits employers from inquiring about the existence, nature, or extent of an applicant's disability until after the employer has extended a job offer. The offer may be conditioned on the results of a physical examination, but only if the examination is required for all prospective employees for the job.
An exam may be required of an employee if the employer has reason to believe there is a medical explanation for a change in an employee's job performance, or if an employee has requested an accommodation and the employee's disability is not obvious. The ADA covers employers with 15 or more employees. Because New Mexico law does not provide any guidelines for conducting physical examinations, employers that are subject to both the ADA and the state's Human Rights Act must comply with the ADA regarding physical examinations.
Healthcare providers must release all employee medical records and information to the employee and his or her employer upon either ...

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