Chapter 28 — Chapter 28

Chapter 28, Article 1 NMSA 1978 may be cited as the "Human Rights Act". History: 1953 Comp., § 4-33-1, enacted by Laws 1969, ch. 196, § 1; 2000, ch. 4, § 1.

A. A person claiming to be aggrieved by an unlawful discriminatory practice and a member of the commission who has reason to believe that discrimination has occurred may file with the human rights division of the labor department a written complaint that shall state the name and …

A. The respondent to a complaint made pursuant to Section 28-1-10 NMSA 1978 may file a written answer to the complaint, appear at the hearing, give testimony and be represented by counsel and may obtain from the commission subpoenas for any person or for the production of any evi…

If a respondent to a complaint filed pursuant to the Human Rights Act is not complying with an order of the commission, the attorney general or district attorney, at the request of the secretary, shall secure enforcement of the commission's order by a district court. The proceedi…

A. A person aggrieved by an order of the commission may obtain a trial de novo by filing a notice of appeal in the district court of the county where the discriminatory practice occurred or where the respondent does business. The notice of appeal must be filed within ninety days …

Every person who is subject to the Human Rights Act, except an individual selling houses, shall keep posted in a conspicuous place on his premises notices prepared by the division which shall set forth excerpts of the Human Rights Act and other relevant information as determined …

History: Laws 1987, ch. 333, § 1; 1993, ch. 268, § 3; 2000, ch. 4, § 2; repealed Laws 2005, ch. 208, § 27.

As used in the Human Rights Act: A. "person" means one or more individuals, a partnership, association, organization, corporation, joint venture, legal representative, trustees, receivers, or the state and all of its political subdivisions; B. "employer" means any person employin…

A. There is created the "human rights commission" consisting of eleven members appointed by the governor with the advice and consent of the senate. Not more than six of the members shall be of the same political party. Not more than one member may be appointed from any one county…

A. The commission may: (1) hear complaints and issue orders, including cease and desist orders concerning alleged unlawful discriminatory practice; (2) hold hearings, subpoena witnesses and compel their attendance, administer oaths, take the testimony of any person under oath, or…

A. The secretary may adopt, promulgate, amend and repeal rules and regulations to carry out the provisions of the Human Rights Act. B. No rule or regulation of general application may be adopted, amended or repealed without a public hearing before the secretary or his designee. C…

A. Any person who is or may be affected by a regulation adopted by the secretary may appeal to the court of appeals for further relief. All appeals shall be upon the record made at the hearing and shall be taken to the court of appeals within thirty days after filing of the regul…

It is an unlawful discriminatory practice for: A. an employer, unless based on a bona fide occupational qualification or other statutory prohibition, to refuse to hire, to discharge, to promote or demote or to discriminate in matters of compensation, terms, conditions or privileg…

volunteer service. The state or a political subdivision of the state shall not exclude a person older than sixty years of age from volunteer service as long as the person is physically, mentally and professionally capable of performing the services involved. For the purposes of t…

A person, employer, employment agency or organization shall not use the provisions of the Human Rights Act to adopt or implement a quota on the basis of sexual orientation or gender identity. History: Laws 2003, ch. 383, § 3.

ANNOTATIONS Repeals. — Laws 1983, ch. 241, § 6, repealed 28-1-8 NMSA 1978, as enacted by Laws 1973, ch. 155, § 3, relating to certification of preexisting disability, effective June 17, 1983.

Nothing contained in the Human Rights Act shall: A. apply to any single-family dwelling sold, leased, subleased or rented by an owner without the making of any notice, statement or advertisement with respect to the sale, lease, sublease or rental of a dwelling unit that indicates…

Chapter 28, Article 2 NMSA 1978 may be cited as the "Criminal Offender Employment Act". History: 1953 Comp., § 41-24-1, enacted by Laws 1974, ch. 78, § 1; 2019, ch. 176, § 1.

The legislature finds that the public is best protected when criminal offenders or ex- convicts are given the opportunity to secure employment or to engage in a lawful trade, occupation or profession and that barriers to such employment should be removed to make rehabilitation fe…

A. Subject to the provisions of Subsection B of this section and Sections 28-2-4 and 28-2-5 NMSA 1978, in determining eligibility for employment with the state or any of its political subdivisions or for a license, permit, certificate or other authority to engage in any regulated…

A. If a private employer uses a written or electronic employment application, the employer shall not make an inquiry regarding an applicant's history of arrest or conviction on the employment application but may take into consideration an applicant's conviction after review of th…

employment or license. A. Any board or other agency having jurisdiction over employment by the state or any of its political subdivisions or the practice of any trade, business or profession may refuse to grant or renew or may suspend or revoke any public employment or license or…

A. The Criminal Offender Employment Act is not applicable to: (1) any law enforcement agency; (2) the early childhood education and care department for consideration of an applicant for licensure, registration or employment at a child care facility; (3) an agency for consideratio…

The provisions of the Criminal Offender Employment Act relating to any board or other agency which has jurisdiction over the practice of any trade, business or profession apply to authorities made subject to its coverage by law, or by any such authorities' rules or regulations if…

A. The "commission on the status of women" is created. The commission consists of fifteen members, including one member of the human rights commission, representative of all fields of interest to women. Members shall be appointed by the governor. Members of the first commission s…

planning for displaced homemaker programs. There is created in the commission on the status of women an "office for displaced homemakers." The office for displaced homemakers shall conduct research and planning for programs to meet the needs of displaced homemakers, which program…

The director of the commission on the status of women, in conjunction with the office for displaced homemakers, shall submit to the legislature an annual report on the number of displaced homemakers served by existing public and private agencies and shall make recommendations for…

The commission shall: A. stimulate and encourage throughout the state the study and review of the status of women in New Mexico and may act as a clearinghouse for all activities involving the status of women; B. recommend methods of overcoming discrimination against women in publ…

The commission: A. may receive on behalf of the state any gifts, donations or bequests from any source to be used in carrying out its duties; and B. is designated as the state agency for handling all United States government programs related to the status of women except those de…

The commission shall appoint a director, who is the administrative officer of the commission. The director shall employ other necessary employees under the provisions of the Personnel Act [Chapter 10, Article 9 NMSA 1978]. History: 1953 Comp., § 4-33A-4, enacted by Laws 1974, ch.…

The commission shall submit reports on its preceding year's work to the governor and the legislature by December 1 of each year. The reports shall contain recommendations, if any, for legislation or other appropriate action. History: 1953 Comp., § 4-33A-5, enacted by Laws 1974, c…

Commission members shall be reimbursed as provided for nonsalaried public officers in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978], and shall receive no other compensation, perquisite or allowance. History: 1953 Comp., § 4-33A-6, enacted by Laws 1974, ch. 90, § 6.

created. A. The "office of the governor's council on women's health" is created and is administratively attached to the commission on the status of women. B. The office of the governor's council on women's health shall: (1) serve as a clearinghouse for education and information o…

This act [28-3-7 to 28-3-11 NMSA 1978] may be cited as the "Displaced Homemakers Act". History: 1953 Comp., § 4-33A-7, enacted by Laws 1977, ch. 292, § 1.

The legislature finds that there is an increasing number of persons in New Mexico who, in their middle years and having fulfilled the role of homemaker, find themselves displaced because of dissolution of marriage, death of a spouse or other loss of family income. As a consequenc…

As used in the Displaced Homemakers Act [28-3-7 to 28-3-11 NMSA 1978] : A. "displaced homemaker" means any individual who has worked in the home for a substantial number of years providing unpaid household services for family members and who: (1) has difficulty obtaining adequate…

department]; duties. The commission on aging [aging and long-term services department] shall establish and maintain a comprehensive statewide program designed to meet the social service needs of the state's aged population. Not by way of limitation, the commission [department] sh…

The commission on aging shall mean the aging services bureau of the social services division of the human services department [health care authority department]. History: 1953 Comp., § 13-1-59.1, enacted by Laws 1977, ch. 252, § 17.

department]; powers. The commission [department]: A. may receive on behalf of the state any gifts, donations or bequests from any source, to be used in carrying out its duties; and B. is designated as the state agency for handling all programs of the federal government related to…

There is created as an entity of state government the "state agency on aging," ["aging and long-term services department"] which shall be administratively attached to the human services department [health care authority department]. The administrative head of the agency shall be …

The state agency on aging [aging and long-term services department] shall establish and maintain a comprehensive statewide program designed to meet the social service needs of the state's aged population, including but not limited to the following: A. strengthen and coordinate se…

A. The state agency on aging [aging and long-term services department]: (1) may receive on behalf of the state any gifts, donations or bequests from any source to be used in carrying out its duties; and (2) is designated as the state agency [department] for handling all programs …

The director shall hire such staff as is necessary, all of whom shall be subject to the Personnel Act [Chapter 10, Article 9 NMSA 1978]. History: Laws 1979, ch. 203, § 4.

The state agency on aging [aging and long-term services department] shall submit reports on its work for the preceding year to the governor and the legislature at least forty-five days prior to each regular legislative session. The reports shall contain recommendations on present…

The governor shall appoint an eleven-member advisory committee to the state agency on aging [aging and long-term services department] in accordance with the provisions of the Executive Reorganization Act [9-1-1 to 9-1-10 NMSA 1978]. In establishing the committee, the governor sha…

A. Except as provided in Subsection B or otherwise specifically provided by existing law, any person who has reached his eighteenth birthday shall be considered to have reached his majority as provided in Section 12-2-2 NMSA 1978 [repealed] and is an adult for all purposes the sa…

This act [28-7-1 to 28-7-7 NMSA 1978] may be cited as the "White Cane Law". History: 1953 Comp., § 12-13-1, enacted by Laws 1967, ch. 232, § 1; recompiled as 1953 Comp., § 12-26-1, by Laws 1972, ch. 51, § 9.

visually handicapped. No officer or employee of the state or any political subdivision of the state who is concerned with the administration of any program for the visually handicapped shall exert the influence of his office or position against the right of a person to join organ…

There is created the "medical eye care and sight conservation program" which shall be operated and administered by the commission for the blind. The medical eye care and sight conservation program shall serve persons who meet the program qualifications established by the commissi…

Sections 1 through 9 [28-7-15 to 28-7-23 NMSA 1978] of this act may be cited as the "Commission for the Blind Act". History: Laws 1986, ch. 108, § 1.