Harassment: New Mexico

Federal law and guidance on this subject should be reviewed together with this section.

Author: George McFall, Modrall Sperling

Summary

• The New Mexico Human Rights Act prohibits employers from discriminating against employees or applicants because of race, age, religion, color, national origin, ancestry, sex, sexual orientation, gender identity, spousal affiliation, physical or mental handicap or serious medical condition. Harassment based on any one of these characteristics is a form of unlawful discrimination. See Harassment Under the New Mexico Human Rights Act.
• The New Mexico Supreme Court has adopted the federal courts' interpretation of Title VII, finding that workplace sexual harassment is a form of unlawful discrimination. See Sexual Harassment.
• New Mexico also follows United States Supreme Court precedent that presumes liability where the harassing employee occupies a supervisory position. See Employer Liability.
• The New Mexico Human Rights Act allows for actual damages such as lost wages, but does not allow for punitive damages. Injunctive relief and attorneys' fees are also available under the Act. See Remedies.