New Mexico § 28-1-7 - Unlawful discriminatory practice
Full text of New Mexico New Mexico Statutes Annotated § 28-1-7 — Unlawful discriminatory practice, with citation guidance and answers to common questions.
§ 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 or
serious medical condition, 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 or serious medical condition; 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 or
serious medical condition, 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 or
serious medical condition, 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 or serious medical
condition, unless based on a bona fide occupational qualification; 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 or physical or mental disability; 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 or
physical or mental disability; 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 or physical or mental disability; 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
or physical or mental disability; 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.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 28-1-7
What does New Mexico Statutes Annotated § 28-1-7 cover?
Section 28-1-7 ("Unlawful discriminatory practice") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 28-1-7?
A common citation format is "New Mexico Statutes Annotated § 28-1-7" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 28-1-7 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.