Section 28-24-2 – Definitions.
As used in the Gender-Free Restrooms Act: A. “gender identity” means a person’s self-perception, or perception of that person by another, of the person’s identity as a male or female based upon the person’s appearance, behavior or physical characteristics that are in accord with or opposed to the person’s physical anatomy, chromosomal sex or sex […]
Section 28-24-3 – Public facility availability.
A. A single-user toilet facility that exists or is constructed on or after July 1, 2019 in a public accommodation shall be: (1) made available to any person regardless of gender identity or sex; (2) designated for use by not more than one occupant at a time or for family or assisted use; and (3) […]
Section 28-23-5 – Retaliation prohibited.
It is a violation of the Fair Pay for Women Act for an employer or any other person to discharge, demote, deny promotion to or in any other way discriminate against an employee in the terms or conditions of employment in retaliation for the person asserting a claim or right pursuant to the Fair Pay […]
Section 28-23-6 – Enforcement; penalties; remedies.
A. An employer who violates a provision of the Fair Pay for Women Act shall be liable to the affected employee for damages and equitable relief, including employment, reinstatement and promotion. Damages shall be calculated on the basis of: (1) the affected employee’s unpaid wages and the damages from retaliation; (2) all other actual damages; […]
Section 28-24-1 – Short title.
This act [28-24-1 to 28-24-3 NMSA 1978] may be cited as the “Gender-Free Restrooms Act”. History: Laws 2019, ch. 109, § 1. ANNOTATIONS Effective dates. — Laws 2019, ch. 109, § 4 made Laws 2019, ch. 109 effective July 1, 2019.
Section 28-22-3 – Religious freedom protected; exceptions.
A government agency shall not restrict a person’s free exercise of religion unless: A. the restriction is in the form of a rule of general applicability and does not directly discriminate against religion or among religions; and B. the application of the restriction to the person is essential to further a compelling governmental interest and […]
Section 28-22-4 – Private remedies.
A. A person whose free exercise of religion has been restricted by a violation of the New Mexico Religious Freedom Restoration Act may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against a government agency, including: (1) injunctive or declaratory relief against a government agency that violates […]
Section 28-22-5 – Construction of act.
Nothing in the New Mexico Religious Freedom Restoration Act authorizes a government agency to burden a person’s free exercise of religion. The protection of the free exercise of religion granted in that act is in addition to the protections granted by federal law and the state and federal constitutions. The New Mexico Religious Freedom Restoration […]
Section 28-23-1 – Short title.
This act [28-23-1 to 28-23-6 NMSA 1978] may be cited as the “Fair Pay for Women Act”. History: Laws 2013, ch. 12, § 1. ANNOTATIONS Effective dates. — Laws 2013, ch. 12 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the […]
Section 28-23-2 – Definitions.
As used in the Fair Pay for Women Act: A. “commission” means the human rights commission; B. “director” means the chief of the human rights bureau of the labor relations division of the workforce solutions department; C. “employ” means suffer or permit to work; D. “employee” means any individual employed by an employer; E. “employer” […]