New Mexico Selection and Testing laws & HR compliance analysis

New Mexico Selection and Testing: What you need to know

The New Mexico Human Rights Act prohibits employment discrimination based on race, age, religion, color, national origin, ancestry, sex, physical or mental handicap, or serious medical condition, unless any of these factors is required in order to perform the job in question, i.e., is a bona fide occupational qualification (BFOQ). The law specifically prohibits employers from using employment applications, or printing or circulating statements, advertisements, or publications that indicate an unlawful discriminatory preference, limitation, or specification, unless the factors indicated are necessary for job performance (BFOQ) (NM Stat. Sec. 28-1-1et seq.).
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The law applies to all employers with four or more employees, except for the following protected categories:
Sexual orientation or gender identity. Employers with 15 employees or more are prohibited from discriminating against applicants or employees on the basis of sexual orientation or gender identity.
Spousal affiliation. Employers with 50 or more employees may not discriminate against applicants or employees on the basis of spousal affiliation.
Generally, employers may utilize professionally developed aptitude tests and other selection procedures if such tests are not designed, intended, or used to discriminate against a protected individual or group of individuals. There is additional information.
Employers cannot require an individual to disclose the results of a human immunodeficiency virus (HIV)-related test as a condition of hiring, promotion, or continued employment unless the absence of HIV is a BFOQ for the job in question. Employers may require that an employee be tested for the ...

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