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Home » US Law » 2021 New Mexico Statutes » Chapter 28 - Human Rights » Article 1 - Human Rights

Section 28-1-1 – Short title.

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. ANNOTATIONS Cross references. — For commission on status of women, see 28-3-1 NMSA 1978. For sex discrimination prohibited, see N.M. Const., art. II, […]

Section 28-1-10 – Grievance procedure.

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 address of the person alleged to have engaged […]

Section 28-1-11 – Hearing procedures.

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 evidence pertinent to the proceeding. The complainant […]

Section 28-1-12 – Enforcement.

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 proceeding shall be initiated by the filing of a […]

Section 28-1-13 – Appeal.

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 from the date of service […]

Section 28-1-14 – Posting of law and information.

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 by the secretary. History: 1953 Comp., § 4-33-13, enacted […]

Section 28-1-15 – Repealed.

History: Laws 1987, ch. 333, § 1; 1993, ch. 268, § 3; 2000, ch. 4, § 2; repealed Laws 2005, ch. 208, § 27. ANNOTATIONS Repeals. — Laws 2005, ch. 208, § 27 repealed 28-1-15 NMSA 1978, as enacted by Laws 1987, ch. 333, § 1, relating to termination of the Human Rights Act, effective […]

Section 28-1-7.2 – Quotas prohibited.

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 Effective dates. — Laws 2003, ch. 383, § 5 made the act effective July 1, […]

Section 28-1-8 – Repealed.

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.

Section 28-1-9 – Exemptions.

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 any preference, limitation or discrimination based on race, color, […]