Performance Appraisals: New Mexico
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, P.A.
- New Mexico employers are not required to conduct employee performance appraisals. While employer liability is unlikely to arise out of an appraisal, accurate and work-related appraisals will help to avoid potential claims for defamation or intentional infliction of emotional distress. See Employer Liability for Performance Evaluations.
- New Mexico employers are entitled to qualified immunity from liability as a result of responding in good faith to reference inquiries. Nevertheless, by policy, many employers only provide the dates of employment, position and job duties in response to a reference inquiry. See Immunity for Job References.
- The New Mexico Human Rights Act (NMHRA) prohibits discrimination on the basis of several protected categories. Thus, a performance appraisal should not be influenced by the employee's membership in any of those protected categories, and a poor appraisal should not be given in retaliation for participating in an activity protected by the NMHRA. See New Mexico Human Rights Act.
- New Mexico law prohibits retaliation against employees who engage in protected activities. See Performance Appraisals and Retaliation.
- Conducting regular and accurate performance appraisals can help employers avoid potential claims for negligent supervision and retention. See Negligent Supervision and Retention.