N.M. Stat. Ann. § 28-1-7

28-1-7. Unlawful discriminatory practice.
      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 privileges of employment
against any person otherwise qualified because of race, age, religion, color, national
origin, ancestry, sex, sexual orientation, gender, gender identity, pregnancy, childbirth
or condition related to pregnancy or childbirth, physical or mental disability, serious
medical condition or military status, or, if the employer has fifty or more employees,
spousal affiliation; provided, however, that 29 U.S.C. Section 631(c)(1) and (2) shall
apply to discrimination based on age;

    B. a labor organization to exclude a person or to expel or otherwise discriminate
against any of its members or against any employer or employee because of race,
religion, color, national origin, ancestry, sex, sexual orientation, gender, gender identity,
pregnancy, childbirth or condition related to pregnancy or childbirth, spousal affiliation,
physical or mental disability, serious medical condition or military status;

    C. any employer, labor organization or joint apprenticeship committee to refuse to
admit or employ any person in any program established to provide an apprenticeship or
other training or retraining because of race, religion, color, national origin, ancestry, sex,
sexual orientation, gender, gender identity, pregnancy, childbirth or condition related to
pregnancy or childbirth, physical or mental disability, serious medical condition or
military status, or, if the employer has fifty or more employees, spousal affiliation;

    D. any person, employer, employment agency or labor organization to print or
circulate or cause to be printed or circulated any statement, advertisement or
publication, to use any form of application for employment or membership or to make
any inquiry regarding prospective membership or employment that expresses, directly
or indirectly, any limitation, specification or discrimination as to race, color, religion,
national origin, ancestry, sex, sexual orientation, gender, gender identity, pregnancy,
childbirth or condition related to pregnancy or childbirth, physical or mental disability,
serious medical condition or military status, or, if the employer has fifty or more
employees, spousal affiliation, unless based on a bona fide occupational qualification;

    E. an employment agency to refuse to list and properly classify for employment or
refer a person for employment in a known available job, for which the person is
otherwise qualified, because of race, religion, color, national origin, ancestry, sex,
sexual orientation, gender, gender identity, pregnancy, childbirth or condition related to
pregnancy or childbirth, spousal affiliation, physical or mental disability or serious
medical condition, unless based on a bona fide occupational qualification, or to comply
with a request from an employer for referral of applicants for employment if the request
indicates, either directly or indirectly, that the employer discriminates in employment on
the basis of race, religion, color, national origin, ancestry, sex, sexual orientation,
gender, gender identity, pregnancy, childbirth or condition related to pregnancy or
childbirth, spousal affiliation, physical or mental disability, serious medical condition,
unless based on a bona fide occupational qualification, or military status;
    F. any person in any public accommodation to make a distinction, directly or
indirectly, in offering or refusing to offer its services, facilities, accommodations or goods
to any person because of race, religion, color, national origin, ancestry, sex, sexual
orientation, gender, gender identity, pregnancy, childbirth or condition related to
pregnancy or childbirth, spousal affiliation, physical or mental disability or military status;
provided that the physical or mental disability is unrelated to a person's ability to acquire
or rent and maintain particular real property or housing accommodation;

   G. any person to:

        (1)     refuse to sell, rent, assign, lease or sublease or offer for sale, rental,
lease, assignment or sublease any housing accommodation or real property to any
person or to refuse to negotiate for the sale, rental, lease, assignment or sublease of
any housing accommodation or real property to any person because of race, religion,
color, national origin, ancestry, sex, sexual orientation, gender, gender identity,
pregnancy, childbirth or condition related to pregnancy or childbirth, spousal affiliation,
physical or mental disability or military status; provided that the physical or mental
disability is unrelated to a person's ability to acquire or rent and maintain particular real
property or housing accommodation;

         (2)    discriminate against any person in the terms, conditions or privileges of
the sale, rental, assignment, lease or sublease of any housing accommodation or real
property or in the provision of facilities or services in connection therewith because of
race, religion, color, national origin, ancestry, sex, sexual orientation, gender, gender
identity, pregnancy, childbirth or condition related to pregnancy or childbirth, spousal
affiliation, physical or mental disability or military status; provided that the physical or
mental disability is unrelated to a person's ability to acquire or rent and maintain
particular real property or housing accommodation; or

       (3)    print, circulate, display or mail or cause to be printed, circulated, displayed
or mailed any statement, advertisement, publication or sign or use any form of
application for the purchase, rental, lease, assignment or sublease of any housing
accommodation or real property or to make any record or inquiry regarding the
prospective purchase, rental, lease, assignment or sublease of any housing
accommodation or real property that expresses any preference, limitation or
discrimination as to race, religion, color, national origin, ancestry, sex, sexual
orientation, gender, gender identity, pregnancy, childbirth or condition related to
pregnancy or childbirth, spousal affiliation, physical or mental disability or military status;
provided that the physical or mental disability is unrelated to a person's ability to acquire
or rent and maintain particular real property or housing accommodation;

   H. any person to whom application is made either for financial assistance for the
acquisition, construction, rehabilitation, repair or maintenance of any housing
accommodation or real property or for any type of consumer credit, including financial
assistance for the acquisition of any consumer good as defined by Section 55-9-102
NMSA 1978, to:
        (1)    consider the race, religion, color, national origin, ancestry, sex, sexual
orientation, gender, gender identity, pregnancy, childbirth or condition related to
pregnancy or childbirth, spousal affiliation or physical or mental disability of any
individual in the granting, withholding, extending, modifying or renewing or in the fixing
of the rates, terms, conditions or provisions of any financial assistance or in the
extension of services in connection with the request for financial assistance; or

        (2)     use any form of application for financial assistance or to make any record
or inquiry in connection with applications for financial assistance that expresses, directly
or indirectly, any limitation, specification or discrimination as to race, religion, color,
national origin, ancestry, sex, sexual orientation, gender, gender identity, pregnancy,
childbirth or condition related to pregnancy or childbirth, spousal affiliation or physical or
mental disability;

   I. any person or employer to:

       (1)     aid, abet, incite, compel or coerce the doing of any unlawful discriminatory
practice or to attempt to do so;

        (2)    engage in any form of threats, reprisal or discrimination against any
person who has opposed any unlawful discriminatory practice or has filed a complaint,
testified or participated in any proceeding under the Human Rights Act; or

       (3)     willfully obstruct or prevent any person from complying with the provisions
of the Human Rights Act or to resist, prevent, impede or interfere with the commission
or any of its members, staff or representatives in the performance of their duties under
the Human Rights Act;

   J. any employer to refuse or fail to accommodate a person's physical or mental
disability or serious medical condition, unless such accommodation is unreasonable or
an undue hardship;

    K. any employer to refuse or fail to make reasonable accommodation for an
employee or job applicant with a need arising from pregnancy, childbirth or condition
related to pregnancy or childbirth;

    L. any employer to require an employee with a need arising from pregnancy,
childbirth or condition related to pregnancy or childbirth to take paid or unpaid leave if
another reasonable accommodation can be provided unless the employee voluntarily
requests to be placed on leave or the employee is placed on leave pursuant to federal
law; or

   M. a governmental entity or a public contractor to refuse or otherwise limit or put
conditions on services to a person because of race, age, religion, color, national origin,
ancestry, sex, sexual orientation, gender, gender identity, pregnancy, childbirth or
condition related to pregnancy or childbirth, physical or mental disability, serious
medical condition or spousal affiliation; provided that nothing in this subsection shall be
construed to require a governmental entity or a public contractor to provide services or
programs beyond services or programs to the specific populations that the
governmental entity or public contractor is tasked with serving.

History: 1953 Comp., § 4-33-7, enacted by Laws 1969, ch. 196, § 7; 1973, ch. 58, § 1;
1973, ch. 155, § 2; 1975, ch. 62, § 1; 1978 Comp., 28-1-7; 1983, ch. 241, § 2; 1987, ch.
76, § 2; 1995, ch. 125, § 1; 2001, ch. 347, § 1; 2003, ch. 383, § 2; 2004, ch. 115, § 1;
2019, ch. 96, § 1; 2020, ch. 49, § 2; 2023, ch. 29, § 2; 2024, ch. 21, § 5.