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Recruiting: New Mexico

Recruiting 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 employers may utilize a full range of employee recruitment tools ranging from job advertisements to employee referral services and online job postings. See Methods and Sources.
  • The New Mexico Human Rights Act goes beyond federal employment law in that it prohibits discrimination against job applicants or employees based on sexual orientation or gender identity. See New Mexico Human Rights Act.
  • Employers may create an implied contract by making promises during the recruitment process, and recruiters and managers should be trained not to make promises to job applicants regarding length and terms of employment. See Recruiting Promises.
  • An employer cannot refuse to hire an employee because he or she is a smoker. See Smokers' Rights.
  • State agencies cannot permit nepotism in the recruiting and hiring process. See Anti-Nepotism Law.
  • Employers should ensure that workers are properly classified as either an employee or an independent contractor as there may be severe consequences for a misclassification. See Independent Contractors.
  • The employment of minors, especially those between the ages of 14 and 16, is subject to significant restrictions under the Child Labor Act. New Mexico employers should consult those provisions of the Child Labor Act before recruiting and hiring children under the age of 16. See Underage Workers.