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Interviewing and Selecting Job Candidates: New Mexico

Interviewing and Selecting Job Candidates requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Kim A. Griffith, Quentin Smith and Barbara G. Stephenson, Sheehan & Sheehan, PA

Summary

  • New Mexico's Human Rights Act prohibits discrimination in hiring as well as other aspects of employment, and is broader than federal employment laws because it applies to employers with as few as four employees, and extends protection to more classes of individuals. See The Application Process.
  • Albuquerque has an ordinance that tracks the New Mexico Human Rights Act in most respects but applies to all employers regardless of size. The City of Santa Fe also has an ordinance that goes further than state law. See City Ordinances.
  • Appropriate interview questions are affected by the broader provisions of the New Mexico Human Rights Act, as well as by relevancy and privacy concerns. See Interviewing Applicants.
  • It is unlawful to inquire about an applicant's disability or serious medical condition. See Disability and Medical Inquiries.
  • There is no state law that prohibits a private employer from asking an applicant about their arrest or conviction record. See Arrest and Conviction Inquiries by Private Employers.
  • While a governmental agency may take into consideration a criminal conviction, the conviction shall not operate as an automatic bar to obtaining public employment. See Arrest and Conviction Inquiries by Governmental Employers.
  • Employers may be held liable for negligent hiring. See Negligent Hiring.
  • A new state law will prohibit employers from asking prospective employees for access to their private social networking accounts or profiles. See Social Media.
  • An employer is prohibited from refusing to hire an individual because he or she is a smoker or nonsmoker. See Smokers' Rights.