Employment Discrimination in New Mexico

Federal and state law prohibit New Mexico employers from discriminating against employees based on certain characteristics, such as race or religion. (To learn more, see our page on employment discrimination and harassment.)

Protected Classes Under Federal Law

In all 50 states, federal law makes it illegal to discriminate based on:

• race
• color
• national origin
• religion
• sex (including pregnancy, childbirth, and related medical conditions)
• sexual orientation
• gender identity
• disability
• age (40 and older)
• citizenship status, and
• genetic information.

Protected Classes in New Mexico

In addition, New Mexico state law also prohibits discrimination based on:

• marital status (applies to employers with 50 or more employees)
• status as a smoker or non-smoker
• status as a medical marijuana user
• serious medical condition, and
• domestic abuse leave.

Covered Employers

Federal Law

Under federal law, companies with 15 or more employees are covered by Title VII, the primary law prohibiting employment discrimination, the Americans with Disabilities Act, which prohibits discrimination on the basis of disability, and the Genetic Information Nondiscrimination Act, which prohibits discrimination based on genetic information.

Companies with 20 or more employees are subject to the Age Discrimination in Employment Act (ADEA), the federal law that prohibits discrimination against employees 40 years or older.

Employers with four or more employees must comply with the employment discrimination provisions of the Immigration Reform and Control Act, which prohibits discrimination on the basis of citizenship status. And all companies of any size must pay men and women equally for doing equal work, by virtue of the Equal Pay Act.

New Mexico Law

In New Mexico, companies with four or more employees are generally subject to the state's antidiscrimination laws. Note that for marital status to be a protected category, your employer must have at least 50 employees.

What government agency regulates workplace discrimination in New Mexico?

The Equal Employment Opportunity Commission (EEOC) is the federal agency that regulates workplace discrimination. You can contact the Equal Employment Opportunity Commission by calling 800-669-4000 or check out its website at www.eeoc.gov. The website will help you locate an EEOC field office in New Mexico.

The Human Rights Division enforces state antidiscrimination law in New Mexico. You can contact the Human Rights Division at 505-827-6838 or 800-566-9471 or go to its website.