New Mexico recently passed House Bill 302, which amends the New Mexico Human Rights Act by redefining protected classes to be more inclusive and representative of the population. HB 302 also added new protected classes for members of the armed forces. Employers with a presence in New Mexico should be aware of these changes as the measure goes into effect on May 16, 2024.
The New Mexico Human Rights Act of 1969 (NMHRA) prohibits discrimination in the workplace, housing, credit, and public accommodations. Similar to Title VII, the previous version of the NMHRA prevented discrimination based on a protected status: race, national origin, color, or sex, and went further to include age, ancestry, sexual orientation, gender identity, pregnancy, childbirth or a condition related to pregnancy or childbirth, physical or mental handicap, or a serious medical condition. The NMHRA also includes protections for spousal affiliation if the employer has 50 or more employees.
HB 302 amends the NMHRA to clarify the definitions of certain protected classes. Significantly, the bill also adds “military status” as a protected status under the NMHRA. Military status is defined as a “person’s active membership in the armed forces or state defense force or being a veteran of the armed forces or state defense force and includes a spouse or child of an active member or veteran of the armed forces or state defense force.”
Notably, HB 302 also provides revised definitions related to some of the above-mentioned protected classes, including, sex, sexual orientation, gender, gender identity, and military status. For example, sexual orientation is now defined as “a person’s physical, romantic or emotional attraction to persons of the same or different gender or the absence of any such attraction.” This new definition is far more inclusive than the prior definition, which defined sexual orientation as “heterosexuality, homosexuality, or bisexuality; whether actual or perceived.” Additionally, HB 302 revised the definition of “armed forces” and “uniformed services” to include the recently created Space Force.
The information in this article has been incorporated into several related sample documents provided by Employers Council, including our New Mexico Sample Employee Handbook. Though the substance of the New Mexico Human Rights Act did not drastically change, if you would like assistance navigating how the redefined protected classes and addition of military status impacts you, please reach out to Employers Council.
Edward Encinias is an attorney for Employers Council.