Employment Laws in New Mexico

Definition of employee. Employee means any person in the employ of an employer or an applicant for employment.

Definition of employer. Employer means any person (person include the state and its political subdivisions) employing four or more persons and an agent of an employer. For purposes of the prohibition against smoking discrimination, employer means any person that has one or more employees.

Prohibited employment discrimination. It is an unlawful discriminatory practice for employers to base their hiring or employment practices on an individual's race, age, religion, color, national origin, ancestry, sex, physical or mental disability, medical condition (including the results of AIDS-virus tests), sexual orientation, gender identity or smoking preference.

Disaster and emergency services leave. Effective May 17, 2006, New Mexico has enacted the Volunteer Emergency Responder Job Protection Act to protect employees from termination who, as members of a volunteer fire department, an emergency medical service, a search and rescue team or a law enforcement agency, or persons enrolled by the state or political subdivision for response to an emergency or disaster, are absent from employment to respond to an emergency or disaster. Employees are to make a reasonable effort to notify employers and to continue to notify employers during the absence. Employers may request that employees give written verification that the employee served as a volunteer emergency responder to the emergency or disaster. Protection from termination does not apply if the employee is absent for more than ten regular business days in a calendar year. In addition, employers may charge the absence against the employee's regular pay time.

Miners. Employees are protected when filing a complaint, giving testimony or participating in a proceeding relating to an unlawful discriminatory employment practice, relating to safety and health under the New Mexico Occupational Safety and Health Act, or relating to health and safety in a mine under the Mine Safety Act.

Recordkeeping/posting requirements. Employers must post notices in a conspicuous place that set forth the requirements for complying with the New Mexico Human Rights Act and give any other relevant information as determined by the state's Human Rights Division.