Disabilities (ADA): New Mexico
Federal law and guidance on this subject should be reviewed together with this section.
Authors: Charlotte Lamont and Michelle Barrett Falconer, Littler
- In addition to the federal equal opportunity laws, New Mexico employers must comply with the state laws, including the New Mexico Human Rights Act and the White Cane Law. See Disability Discrimination in New Mexico.
- The New Mexico Human Rights Act specifically prohibits an employer from discriminating against a person with a physical or mental handicap or a serious medical condition when hiring, discharging, promoting, demoting, compensating, or in other terms, conditions or privileges of employment, unless based on a bona fide occupational qualification. See The New Mexico Human Rights Act.
- An employer with four or more employees is required to provide reasonable accommodations for pregnancy, childbirth or a related medical condition.See Pregnancy Accommodation.
- New Mexico's White Cane Law states that it is New Mexico's policy to encourage the blind, visually handicapped, and otherwise physically disabled to engaged in remunerative employment. See The New Mexico White Cane Law.
- New Mexico law prohibits an employer from compelling an employee or applicant to disclose confidential communicable disease information absent specific and limited circumstances. See Communicable Disease - AIDS Testing.
- New Mexico permits the use of medical marijuana. See New Mexico Medicinal Cannabis Program.
- Albuquerque has requirements pertaining to disability discrimination. See Local Requirements.