New Mexico Employment Law

New Mexico Human Rights Act covers employers with 4+ employees. Includes sexual orientation, gender identity, spousal affiliation, and serious medical condition protections.

At-Will

Yes

Right-to-Work

No

EEOC Deferral

300 days

Min. Wage

$12.00

New Mexico State Laws (1)

NM HRA

N.M. Stat. Ann. §§ 28-1-1 to 28-1-15

300 days
4+ employees

The New Mexico Human Rights Act prohibits employment discrimination based on race, age, religion, color, national origin, ancestry, sex, physical or mental handicap, serious medical condition, sexual orientation, gender identity, and spousal affiliation. The Act covers employers with four or more employees and complaints must be filed within 300 days with the New Mexico Human Rights Bureau.

Protected Classes

raceagereligioncolornational originancestrysexphysical or mental handicapserious medical conditionsexual orientationgender identityspousal affiliation

Key Provisions

  • ✓Prohibits discrimination on a broad range of protected classes including sexual orientation, gender identity, and serious medical condition
  • ✓Covers employers with 4 or more employees, lower than the federal 15-employee threshold
  • ✓New Mexico Human Rights Bureau investigates complaints and may hold administrative hearings; employees may also file directly in state district court

Remedies

Back payReinstatementCompensatory damages (emotional distress)Attorney fees and costsInjunctive relief
File with: New Mexico Human Rights Bureau300 days from the discriminatory act

Federal Laws That Apply in New Mexico

These federal statutes protect workers nationwide, including in New Mexico. As a deferral state, the EEOC filing deadline is extended to 300 days for most claims.

Title VII15+ employees
300 days
ADA15+ employees
300 days
ADEA20+ employees
300 days
EPA1+ employees
730 days
PDA15+ employees
300 days
PWFA15+ employees
300 days
FMLA50+ employees
730 days
FLSA1+ employees
730 days
Section 19811+ employees
1460 days
GINA15+ employees
300 days
USERRA1+ employees
— days
NLRA1+ employees
180 days
OSH Act1+ employees
30 days
WARN Act100+ employees
— days
Rehabilitation Act1+ employees
300 days
SOX Section 8061+ employees
180 days
INA Section 1324b4+ employees
180 days

Check which laws apply to your situation in New Mexico

Our free assessment identifies applicable federal, state, and local protections based on your specific circumstances.

Check My Rights

This information is provided for educational purposes only and does not constitute legal advice.New Mexico laws are subject to legislative changes. Consult a qualified employment attorney in New Mexico for advice about your specific situation. Last reviewed: February 2025.