Frequently Asked Questions
Q. What is the Human Rights Act?
A. The Human Rights Act was enacted in 1969 to ensure that all New Mexicans are protected from discrimination in employment, housing, credit and public accommodation. The Human Rights Division was created under the New Mexico Department of Labor to enforce the Human Rights Act.
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Q. What are the bases of discrimination?
A. You can file a complaint of discrimination through the Human Rights Act under race, color, national origin, ancestry, religion, sex, age, physical or mental handicap, serious medical condition or, if your employer has fifty or more employees, spousal affiliation or if the employer has fifteen or more employees, to discriminate against an employee based upon the employee’s sexual orientation or gender identity. Under the work sharing agreement with the Equal Employment Opportunity Commission (EEOC), the division may also investigate complaints of discrimination on the basis of race, color, national origin, religion and sex under Title VII of the Civil Rights Act of 1964; age under the Age Discrimination in Employment Act (ADEA) of 1967; and disability under the Americans with Disabilities Act (ADA) of 1990.
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Q. Is harassment covered under the Human Rights Act?
A. Harassment that creates a hostile work environment is considered a type of discrimination if it is based on one of the protected statuses. It would be covered under the statute and investigated like other discriminatory acts. Harassment that is not based on a protected status is not covered by the Act.
