Pregnancy discrimination - New Mexico

Summary of differences between federal and state regulations

Employer defined

“Employer” means any person employing four or more persons and any person acting for an employer, including but not limited to, employment agencies.

Unlawful employment practices

The New Mexico Human Rights Act does not include pregnancy discrimination provisions as extensive as those under federal law. However, sex discrimination is defined to include pregnancy, childbirth, or related medical conditions.

Women affected by pregnancy, childbirth or related medical conditions must be treated the same as other persons who are temporarily disabled for all employment-related purposes, including receipt of benefits under fringe benefit programs.

State

Contact

New Mexico Department of Workforce Solutions

Regulations

New Mexico Statutes, Chapter 28, Article 1

New Mexico Administrative Code, Title 9, Chapter 1

Federal

Contact

Equal Employment Opportunity Commission (EEOC)

Regulations

Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)

29 CFR Parts 1604.10, Employment policies relating to pregnancy and childbirth. Appendix A to Part 1604, Questions and Answers on the Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)

Pregnant Workers Fairness Act, Public Law 117-328

29 CFR Part 1636, Pregnant Workers Fairness Act