Hiring
Advertising
What are the requirements relating to advertising open positions?
NMSA § 28-1-7(D) makes it unlawful for any state employer to advertise any statement, use any form of application, or make any inquiry regarding the applicant’s membership in a protected class under the New Mexico Human Rights Act or that expresses any limitation or discrimination based on a protected class; for employers with fifty or more employees, the prohibition is extended to spousal affiliation.
Background checks
(a)Criminal records and arrests
New Mexico has a “ban the box” requirement, prohibiting employers from asking about an applicant’s arrest or conviction history. NMSA §28-2-3 et seq. Employers are permitted to consider an applicant’s conviction record and are allowed to disqualify applicants for “particular positions” under employer policy if the applicant has “a certain criminal history.”
(b)Medical history
Under NMSA § 24-21-4(D), it is unlawful to use genetic information in employment decisions.
Under N.M. Stat. Ann. § 28-10A-1 it is unlawful to require disclosure of the results of a human immunodeficiency virus related test.
A number of definitions for the state’s disability and medical condition protections are defined in New Mexico regulations (NMAC 9.1.1.7 (R, S, V, X, Z)).
(c)Drug screening
New Mexico has no statute regulating drug testing employees or applicants.
(d)Credit checks
New Mexico has no credit check statute.
(e)Immigration status
New Mexico has no...
Chief Douglas Otaru, the former publicity secretary who was recently removed from his position following the APC state congress, was quoted as making several allegations against Dr. Aliyu Bello, t...