Preemployment Screening and Testing: New Mexico
Federal law and guidance on this subject should be reviewed together with this section.
- New Mexico has no statute governing the administration of job applicant drug testing by employers. New Mexico's medical marijuana program does not prohibit preemployment drug testing or use of test results. See Drug Testing.
- New Mexico law does not prohibit a private employer from asking about arrest and conviction records, although recent EEOC guidance should be followed on this subject. See Arrest and Conviction Inquiries by Private Employers.
- New Mexico has a "Ban the Box" law that applies to governmental employers. As a result, public employers should not make an inquiry regarding a conviction on an initial employment application form. See Arrest and Conviction Inquiries by Governmental Employers.
- Criminal background checks are required for certain occupations. See Mandatory Background Checks.
- In New Mexico, an employer can be held liable under a theory of negligent hiring. See Negligent Hiring.
- AIDS/HIV testing as a condition of employment or promotion is prohibited unless negative HIV status is a bona fide occupational qualification. Informed consent is required for testing and confidentiality of results must be maintained. See AIDS/HIV Testing.
- Employers may not obtain genetic information or samples for genetic analysis without first obtaining informed written consent. See Genetic Testing.