New Mexico Fair Hiring Laws

Various laws are in effect that impact employment, including some that dictate the regulations around recruiting and hiring new employees. Review our detailed guide to fair hiring laws in New Mexico and how they differ from federal regulations.

What Are Fair Hiring Laws?

Fair hiring laws are regulations administered federally by the Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL). They apply across all states in the U.S., although some states have stricter laws in place. More than 180 laws cover workplace activities, protecting more than 165 million workers. Some of these related to the process of recruiting and hiring new employees.

What Are “Ban-the-Box” Laws?

Ban-the-box laws limit when an employer can ask about a candidate’s criminal history during the hiring process. The term refers to eliminating the box that must be checked on a traditional application when the individual has such a record.

New Mexico passed a ban-the-box law in 2019, prohibiting private employers with at least 4 employees from inquiring about an applicant’s criminal history on an initial application for employment.

Does New Mexico Have Fair Hiring Laws That Differ from Federal Fair Hiring Laws?

Fair hiring laws in the state of New Mexico go beyond federal standards, especially in regards to discrimination and protected classes. The New Mexico Human Rights Act (NMHRA) also applies to more employers, including those with 4+ employees.

Do New Mexico Hiring Laws Match or Differ from the Federal Equal Pay Act (EPA)?

Under the Fair Pay for Women Act, employers with 4+ employees are prohibited from paying women or men different wages for the same work. It also protects employees from retaliation for raising concerns about pay discrimination.

Do New Mexico Hiring Laws Match or Differ from the Age Discrimination in Employment Act (ADEA)?

State law in New Mexico matches the federal ADEA regarding age discrimination in hiring.

Do New Mexico Hiring Laws Match or Differ from the Americans with Disabilities Act (ADA)?

Under the New Mexico Human Rights Act, individuals with disabilities are protected against discrimination in hiring. Some of the protections are broader than those included in the ADA, but the laws are fairly similar.

Do New Mexico Hiring Laws Match or Differ from the Genetic Information Nondiscrimination Act (GINA)?

New Mexico’s Genetic Information Privacy Act (NM-GIPA) complements GINA, prohibiting the collection, transmission, use, or retention of genetic information without informed consent. It focuses more on controlling and protecting private information, rather than preventing discrimination based on genetic results.

Do New Mexico Hiring Laws Match or Differ from Title VII of the Civil Rights Act of 1964?

The New Mexico Human Rights Act includes protections against discrimination based on gender identity and sexual orientation, which are not explicitly mentioned in Title VII of the Civil Rights Act of 1964.

Are There Different Fair Hiring Laws in Cities or Municipalities Across New Mexico?

No, there are no differing fair hiring laws in municipalities or cities in New Mexico.

With the right tools, ensuring fairness when recruiting and hiring doesn’t have to cause problems. Learn more about the applicant tracking capabilities built into WorkforceHub, like automation of data tracking and reporting for valuable insights. We can help your business maintain compliance with fair hiring regulations.